“It is a victory against a text that made renting easier for shack owners”greets Jean-Baptiste Eyraud, spokesperson for the Right to Housing (DAL). The association obtained, on Thursday, August 29, the annulment by the Council of State of the most controversial points of the decree of July 29, 2023 relating to “Health regulations on hygiene and sanitation of residential and similar premises”, which made rental criteria more flexible, allowing in particular the rental of homes with a ceiling of less than 1.80 metres.
This cancellation “due to excess of power” is accompanied by a sentence from the State to pay 3,500 euros to the DAL. The association filed its appeal in September 2023, which was later joined by the Abbé Pierre Foundation, Secours catholique, ATD Quart-Monde, the National Confederation of Housing and the Solidaires trade union.
In March 2024, the High Committee for the Right to Housing, which is a government body, requested a review of the decree, in an opinion adopted unanimously. Like the associations fighting against precarious housing, the high committee considered that the text marked “a regression”, Instead of respecting its initial objective “ “harmonize from above, or at least by constant law, the criteria of housing health, previously established in each department by the prefects”summed up its secretary general, René Dutrey.
Toilets 30 meters in a straight line
The Council of State has not commented on the substance of the provisions. It explains that the Government drafted a first version of the decree which it submitted, as provided for by law, to the Higher Council of Public Health (HCSP), which issued a purely advisory opinion, recommending some reformulations. The decree was then modified on 19 May 2011. “essential criteria”but this time the HCSP was not consulted. “Such a failure to consult could influence the content of the contested decree”criticises the Council of State, which repealed the entire subpart of the decree in question.
The most controversial flexibilities contained in this decree are thus repealed in favour of pre-existing departmental regulations. “Get out of basement rentals, including flexible units, those with ceilings of 2.20 m to 1.80 m, those less than 2 m wide, or in the absence of horizontal views to the outside or natural lighting from the second bedroom.”welcomes the DAL. The association regrets, however, that other problematic points persist: “The decree allows renting one-bedroom apartments equipped with a bathroom within 30 meters in a straight line, and could allow a tenant to be evicted for overcrowding”He gives Jean-Baptiste Eyraud as an example.
You have 23.65% of this article left to read. The rest is reserved for subscribers.
