“It is a victory against a text which facilitated the rentals of slum landlords”greets Jean-Baptiste Eyraud, spokesperson for Droit au logement (DAL). The association obtained, on Thursday, August 29, the cancellation by the Council of State of the most contested points of the decree of July 29, 2023 relating to the “sanitary rules of hygiene and cleanliness of residential premises and similar”, which relaxed the rental criteria, in particular by allowing the rental of accommodation with a ceiling height of less than 1.80 metres.
The facts: Article reserved for our subscribers Will it be possible to rent a home with a ceiling height of 1.80 metres? Controversy over a technical decree
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This cancellation “for abuse of power” is accompanied by a sentence against the State to pay 3,500 euros to the DAL. The association had filed its appeal in September 2023, which was subsequently joined by the Abbé Pierre Foundation, Secours Catholique, ATD Quart-Monde, the National Housing Confederation and the Solidaires union.
In March 2024, the High Committee for the Right to Housing, which is a government body, had requested a revision of the decree, in an opinion adopted unanimously. Like the associations fighting against poor housing, the high committee considered that the text marked “a regression”, instead of respecting its initial goal « to harmonize upwards, or at least at constant law, the criteria for the healthiness of housing, previously set in each department by the prefects”summarized its general secretary, René Dutrey.
Toilets 30 meters away as the crow flies
The Council of State does not rule on the substance of the provisions. It explains that the government drafted a first version of the decree which it submitted, as required by law, to the High Council for Public Health (HCSP) – which issued a purely advisory opinion, recommending some reformulations. The decree was then amended on “essential criteria”but this time the HCSP was not consulted. “Such an omission of consultation was likely to have influenced the content of the contested decree”criticises the Council of State, which has annulled the entire subsection of the decree concerned.
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The most controversial relaxations contained in this decree are thus cancelled, in favour of the departmental rules which pre-existed. “Exit the rental of basement accommodation, including basement apartments, those with a ceiling height of 2.20 m to 1.80 m, those less than 2 m wide, or those in the absence of a horizontal view of the exterior or natural light from the second room”welcomes the DAL. The association regrets, however, that other problematic points remain: “The decree allows for the rental of a one-room dwelling with a toilet 30 metres away as the crow flies, and could allow for the eviction of a tenant for overcrowding.”cites Jean-Baptiste Eyraud as an example.
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