Question 38305 — housing

Summary

Article 93 of law no. 2017-86 of January 27, 2017 relating to equality and citizenship amended the construction and housing code (CCH) as well as the law of December 23, 1986 tending to promote rental investment, access to ownership of social housing and the development of land supply, in order to specify that the representatives of tenants in the capital of public housing companies in moderate rent (SA HLM) and to the boards of directors of public housing offices (OPH) and mixed economy companies (SEM) managing social housing are elected from lists of candidates presented by associations which must be “affiliated with a national organization sitting on the National Consultation Commission (CNC), the National Housing Council (CNH) or the National Consumer Council (CNC)”. As indicated in the summary of the amendment at the origin of this provision, its objective was to “avoid applications which would not defend all tenants and which would be oriented towards particular populations. » In this legislative and regulatory context, the Government notes that the organization cited in the question was not absent from the elections which took place from November 15 to December 15, 2018. Indeed, if it was not able to present under its own name, taking into account the new provisions mentioned above, it appears, however, that it has affiliated itself with another organization, a member of the National Consumer Council. The list of member associations of these organizations is however not fixed and with regard, in particular, to the National Consultation Commission, an association can request to be a member if it meets the conditions provided for by the texts. Indeed, the status of member defined by article 41 of the law of December 23, 1986 provides that the CNC “includes in particular representatives of nationally representative organizations of lessors, tenants and managers”. Article 43 adds that “the representativeness of organizations of landlords, managers and tenants is assessed according to the following criteria: a) Overall amount of contributions ; / b) Independence, experience and activity of the organization in the field of housing; / c) In addition: (…) - for tenant organizations, number and geographical distribution of their members.” The addition of an organization among those referred to in article 1 of decree no. 88-274 of March 18, 1988 implementing article 41 of the law of December 23, 1986, therefore requires a request to this effect from the association concerned, justifying the aforementioned criteria. In this regard, it remains possible for an association, particularly if it brings together several, to request approval from the ministry responsible for housing within the framework of the aforementioned provisions, by justifying its representativeness. Consequently, having regard to the objective pursued by the provision in question and the possibilities offered to associations to participate in the elections concerned, the Government does not intend to modify the provisions of the law for the next elections which will take place in 2022.

Machine translation from French. The official text remains authoritative.

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