Question 11525 — housing

Summary

Mrs Andrée Taurinya questions the Minister of National Education on the conditions for establishing precarious occupation agreements for vacant staff accommodation in educational establishments, in particular colleges. In fact, several codes overlap but the case law supports the possibility for establishments to make available to families in distress vacant staff accommodation present in their enclosure. Homelessness today constitutes a major national cause but state services are not able to implement their obligations to guarantee emergency housing to any person in distress (DALO law of March 5, 2007). Throughout France, there are thousands of families hosted by citizen collectives, which brings them pride but also a lot of fatigue and a great feeling of helplessness. However, departmental councils are also actors in territorial solidarity and could act more without generating additional costs. In fact, they own the college buildings, including staff housing. Many of these are currently vacant and are not the subject of any assignment to national education personnel. These apartments, technically available, could, in a temporary and supervised manner, constitute a transitional accommodation solution for families in distress. Here are some legal bases in support of this claim: the department exercises, under articles L. 121-1, L. 121-2 and L. 221-1 of the code of social action and families, a leading role in social action, including the protection of vulnerable families and the provision of care distress situations. In addition: article L. 213-2 of the education code recalls that college buildings fall under the real estate jurisdiction of the department, including with regard to the allocation of their premises. The general code of property of public persons (articles L. 2122-1 and L. 2125-1) authorizes the community to make available to third parties a property falling within its domain via an occupancy agreement precarious, free or accompanied by a symbolic fee, as long as the operation meets an objective of general interest. Constant administrative jurisprudence (CE, January 19, 2011; CE, December 21, 2012) confirms the possibility of such provision when they serve the achievement of a social or humanitarian objective. The case law today on the subject is very stable: a community can make a property available if the local general interest or the achievement of a social or humanitarian objective is demonstrated. Ensuring that families and school children do not sleep on the streets obviously falls within these conditions. These elements therefore fully allow departments to temporarily make vacant staff accommodation available to an association supporting families in distress. This is actually what they do already communities like that of the Metropolis of Lyon (see for example - deliberation no. 2022-1251 of the council of September 26, 2022). However, despite the urgency of the situation of many families, the clearly recognized general interest and the solid legal basis allowing these assignments, certain departments are opposed to them. She therefore asks him if he intends to reaffirm to the departmental councils and others communities the possibility that is theirs to use their buildings, including to respond to social emergency situations.

Machine translation from French. The official text remains authoritative.

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