Question 1618 — housing

Summary

Mr. Yves Jégo draws the attention of the Minister of Territorial Cohesion to the governance of public housing offices. Articles R. 421-16 et seq. of the construction and housing code specify the powers of the governing bodies, namely the board of directors, its president and the general manager. It is notably provided that the board of directors “appoints the general manager and authorizes the president of the board of directors to sign the contract and its amendments between the office and the general director. [...] He terminates the functions of the general director, on the proposal of the president; ". Article R. 421-18 specifies the functions of the general director and the following paragraph mentions that he “has authority over the services, recruits, appoints and, where appropriate, dismisses staff. He chairs the works council” without mention of a delegation or a check is carried out. This means that the general director has complete autonomy with regard to day-to-day management activities. Indeed, the board of directors being limited in terms of human resources to recruit or separate from the director, it has no competence of initiative, validation or control concerning the day-to-day management missions, the MIILOS, now the ANCOLS, takes over, if necessary, as being an interference amounting to interference any attempt on the part of the board of directors or its president to take an interest, for example, in hiring questions. The general director also escapes any administrative supervision. It follows from these texts that the management of a general director of a public housing office escapes any a priori control, for sometimes irrevocable acts while the board of directors is itself the subject of observations by control bodies, regarding acts that it cannot control. He would therefore like to know the Government's position on the skills of the board of directors and its president vis-à-vis the general director.

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