Question 11361 — housing: aid and loans

Summary

Ms. Christine Pires Beaune draws the attention of the Minister of Territorial Cohesion to the difficulties of interpreting certain provisions resulting from Decree No. 2016-748 of June 6, 2016 relating to personal housing assistance, with regard to the terms of maintenance and suspension of personal housing assistance (APL). Decree No. 2016-748 of June 6, 2016 amended articles R. 351-30 and R. 351-30-1 of the construction code and housing relating to personal housing assistance (APL). Article R. 351-30, II, E, of the Construction and Housing Code provides that "if the beneficiary pays the current housing expense, or if he is in a difficult social situation and he pays half of the current housing expense, after deduction of the aid, the paying body may decide to maintain the payment of personalized housing assistance, in particular to take into account the recommendations of the commission for coordinating actions to prevent rental evictions (CCAPEX). This possibility is offered for the situations provided for by this article and by article R. 351-30-1. Then article R. 351-30-1, II, provides that “in the event of termination of the lease, when the judge has issued an order to vacate the premises and fixed an occupation compensation, and the occupant of the accommodation pays this occupation compensation, the payment of the aid is maintained, under the conditions of this article, during the entire period during which the occupant pays the fixed compensation and until the execution of the command to vacate the premises. Thus, beneficiaries in good faith can benefit from continued payment of the APL, in particular upon recommendation. of CCAPEX, as long as they pay their current housing expense, whether rent or occupancy compensation when the lease is terminated. However, certain family allowance funds refuse, despite CCAPEX recommendations, to maintain the APL for beneficiaries paying their current housing expenses, as long as a debt settlement plan or, when the lease is terminated, a cohesion protocol (CCH, art. L. 353-15-2) has not been signed. However, the conclusion of a debt clearance plan or a social cohesion protocol is not always immediately possible, even though the household is making an effort to pay at least its current housing expenses, in whole or in part. The suspension of the APL then compromises the possibility of remaining in housing or moving to more suitable housing. Also, she would like the Government to clarify whether, with regard to the provisions of articles R. 351-30, II, E and R. 351-30-1, II, of the construction and housing code, the maintenance of the APL is possible for beneficiaries paying only their current housing expenses, in the absence of signing a debt settlement plan and, when the lease is terminated, a protocol of social cohesion.

Machine translation from French. The official text remains authoritative.

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