Question 18896 — overseas

Summary

Mr. Philippe Dunoyer draws the attention of the Minister of the Economy and Finance to the discrimination in terms of access to housing suffered by overseas students who come to pursue higher education in France. Many students are refused rentals by landlords or real estate agencies on the grounds that their guarantors only have a bank address overseas. However, law n° 89-462 of 6 July 1989 tending to improve rental relations and amending Law No. 86-1290 of December 23, 1986 prohibits the lessor from refusing a bank guarantee on the grounds that it is domiciled outside France. This practice has been denounced on several occasions, notably in the opinion of the Economic, Social and Environmental Council of February 2015, entitled “The challenge of professional integration of young overseas people” and in the information report published in March 2019 on behalf of the Overseas Delegation of the National Assembly on discrimination in overseas territories. In 2016, an interministerial letter from the Ministry of Housing, the Ministry of Overseas Affairs and the interministerial delegate was sent to real estate professionals to remind them of the illegal nature of such a refusal. The Defender of Rights has also regularly confirmed the illegal nature of these practices, in particular in its recommendation of May 24, 2012 MLD 2012-81. Students from overseas nevertheless continue to suffer this type of discrimination, which constitutes a real obstacle to access to housing. They may also be victims of practices, noted by the aforementioned information report from the Overseas Delegation, consisting of requiring a deposit higher than the legal amount. These inequalities processing add to the shock that arriving in France can represent and the adaptation difficulties that students encounter when settling in. These situations are all the more penalizing for students coming from the most distant territories, such as New Caledonia, French Polynesia and Wallis and Futuna. They can have a dissuasive effect for parents who already consent to the biggest financial sacrifices and mostly do not have local contacts to overcome the obstacles created by these illegal practices. Also, he questions the Government on the means it intends to put in place to put an end to this regularly denounced discrimination and to improve access to housing for overseas students who come to follow their studies in France.

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