justice orders the prefect to find social housing for a resident

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The administrative court of Rennes forced the Morbihan prefecture to find social housing for a former resident of Pleugriffet (Morbihan) by December 1, 2024. His request for social housing had in fact been recognized as “priority” by the mediation commission for the right to enforceable housing (DALO) of Morbihan on April 5, 2024. He had to “be allocated emergency housing” to the extent that he was until now “without housing and housed in a private home”. He should therefore theoretically be allocated accommodation meeting “his needs and abilities” within “six months”. More ” no offers taking into account his needs and capacities was not made to him within the time limit, the person concerned had informed the administrative court of Rennes.

Vain “active searches” and “numerous reminders”

“Despite active searches and numerous reminders made to social landlords, our services were unable to find accommodation due to a notable increase in the number of people recognized as priority to accommodate and the scarcity of available housing,” defended the Morbihan prefecture for its part. “The request (of the complainant) is particularly difficult to honor in view of the requested locations, namely the commune of Saint-Servant as a priority and the typology of the accommodation, namely, a house due to the presence of domestic animals”, the administration also complained although the applicant specified that “if the commune of Saint-Servant is the one requested as a priority, it is not the only one […] requested.”

“The prefect is required to offer an accommodation offer to an applicant recognized as a priority. »

Morbihan counted 20,000 applicants for social housing in 2023 and the situation has worsened since the Covid-19 epidemic, which led to an increase in real estate prices, he was reminded at the hearing before the Rennes administrative court on September 11, 2024. The Departmental Agency information on housing (ADIL) had recorded nearly 20,000 active requests as of January 1, 2023, i.e. an increase of “6.3%” compared to the previous year.

But “the provisions [du code de la construction et de l’habitation] set a obligation of result for the Statedesignated as guarantor of the right to enforceable housing”, recalls the administrative court of Rennes in its judgment of September 25, 2024 which has just been made public. “The prefect is required to offer to an applicant recognized as a priority […] an offer of accommodation. »

An “emergency situation” that has “not disappeared”

However in this case “it is common ground that the applicant, whose emergency situation has not disappeared, has still not been offered an offer of T2-T3 type accommodation”, note the Rennes judges. “If the prefect argues that the delay […] is due to the difficulty of finding suitable accommodation, due to a notable increase in the number of people recognized as priority […] and the scarcity of available accommodation, and not the inaction of its services, it does not, however, dispute that the urgency to accommodate the applicant continues. »

“If the prefect argues that Mr. XX limits his request for social housing within a perimeter, namely the commune of Saint-Servant as a priority, making his rehousing more difficult without valid reason, […] the prefect is not bound by location wishes issued,” underlines the Rennes administrative court. “He must offer the person concerned social housing within the scope that it is up to him to determine in the department. »

“As a result, the circumstance that Mr. XX has expressed restricted wishes for location cannot be considered as a cause exempting the State from the obligation to relocate him,” conclude the Rennes judges.

“On the other hand, this would be the caseif the interested party refuses a proposal rehousing on the sole grounds that he would not want to part with his pets or that the accommodation offered would not be suitable for his wife's professional activity,” underlines the Rennes administrative court. A “injunction» was therefore made to the prefect of Morbihan to find him accommodation “taking into account his needs and his abilities”.

(Pepper Press)

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