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Right to housing
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 The law instituting the right to opposable housing, adopted on March 5, 2007, aims in particular to reinforce the obligations of the financial backer
Limitation of the number of documents requested from the future tenant
The law “Right with Opposable Housing” results in to lengthen the list of documents that the financial backer or his agent cannot require of the candidate tenant before drawing up a leasing agreement. From now on, it is interdict with the financial backer to ask the future tenant to produce the following documents:
Passport photograph, except that of the supporting document of identity
Chart of member of National Insurance Scheme
Copy of statement of bank account or postal
Certificate of good behaviour of bank account or postal
Certificate of absence of credit in progress
Authorization of direct debit
Judgement of divorce, except for the paragraph starting with the statement: “By these reasons”
Certificate of the preceding financial backer indicating that the tenant is up to date of his rents and loads, since the tenant can present other documents in proof
Certificate of the employer since it can be provided the work contract and the last pay slips
Marriage contract
Certificate of cohabitation
Cheque of reservation of housing
Personal medical records, except in the event of request for adapted or specific housing
Extract of police records
Handing-over on a frozen account of goods, effects, values or of an amount of money corresponding to more than two months of rent, in the absence of the deposit
Production of more than two assessments for the free lances.
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An increase reached a maximum in the rents of the furnished hirings
In order to limit the increases in rent, the law “ Right with Opposable Housing ” adds in the Code of construction and the dwelling a provision similar to that planned for the beams of dwelling of the empty buildings.
Thus, it is always possible to refer to the Index of the Cost of Construction in the beams of furnished buildings, but the increase in rent which results from it will not be able to exceed the variation of the Index of reference of the Rents.
It puts an end to the mode protection minimum of the occupants of the furnished residences, founded by the law of January 18, 2005, which did not force to respect particular methods as regards revision of the rent.
The setting in conformity of the indecent residences: sasine of the departmental Commissions of conciliation
The departmental commissions of conciliation saw, by law E.N.L (National engagement for Housing), their competences extended to the litigations relating to the characteristics of the decent housings.
The law Droit with Opposable Housing makes optional the sasine of the commission departmental of conciliation. It stipulates that the commission can be seized:
- for opinion, in the absence of agreement between the parts
- or in the absence of agreement of the owner to carry out work of setting to the standards.
Moreover, she adds that neither the sasine of the commission, nor handing-over of its opinion if she is seized, constitutes a precondition to the sasine of the judge by one or the other of the parts.
Consequently, when the commission is seized, one or the other of the parts can seize the judge without waiting until it delivered its opinion.
The law Droit with Opposable Housing also introduces faculty for the magistrate, when it is seized, to transmit to the Prefect the legal decision noting the indecency of a housing.
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 J.O n° 55 of March 6, 2007 page 4190 - text n° 4
Laws
LAW n° 2007-290 of March 5, 2007 instituting the right to opposable housing and carrying various measurements in favour of social cohesion
NOR: SOCX0600231L
The heading is thus written: General provisions relating to the policies of the habitat
Article L. 300-1. - The right to a decent housing and independent, mentioned with the article 1st of the law n° 90-449 of May 31, 1990 aiming to the implementation of the right to housing, is guaranteed by the State to any person who, residing on the French territory systematically and under conditions of permanence defined by decree in Council of State, is not able to reach it by her own means or to be maintained there.
This right is exerted by a friendly recourse then, if necessary, by a contentious recourse under the conditions and according to the methods laid down by this article and the articles L. 441-2-3 and L. 441-2-3-1.
This recourse is open from December 1, 2008.
The president of the administrative court or the magistrate whom it appoints statue in urgency, within two month as from its sasine. Except reference with a collegial formation, the audience proceeds without conclusions of the Government commissioner.
The president of the administrative court or the magistrate whom it appoints, when it notes that the request was recognized priority by the commission of mediation and that was not proposed to the applicant a place in a structure of lodging, an establishment or housing of transition, an old people's home or a hotel residence with social vocation, orders the reception in one of these structures and can match its injunction of an obligation.
The product of the obligation versed at the bottoms is instituted pursuant to the last subparagraph of the article L. 302-7 in the area where the commission of mediation seized by the applicant is located.
When the administrative jurisdiction is seized by a recourse under the conditions envisaged to I, it can order the reception in a structure of lodging, an establishment or housing of transition, an old people's home or a hotel residence with social vocation.
The new capacities of lodging are reinforced by the transformation of 4.500 places of emergency lodging into places of social rehabilitation and lodging houses, and the transformation of 6.000 places of emergency lodging into places of lodging of stabilization.
Article 83 is thus written:
Article 83. - To finance the maintenance of the capacities and the creation of 12.000 places in houses relay during the years 2005 to 2007, the open accounts by the finance laws of the years 2005 to 2009 are fixed at 195 million euros according to the following programming…
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Pour tous renseignements:
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Right to housing
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