Question 8331 — disabled people

Summary

Law No. 2018-1021 of November 23, 2018 on housing, development and digital developments (ELAN) amended article L. 441 of the Construction and Housing Code (CCH) which sets out the general objectives for the allocation of social rental housing. To promote equal opportunities for applicants and social diversity, the ELAN law provides that the allocations must in particular facilitate access for disabled people. to suitable accommodation. In addition, the “Equality and Citizenship” law clarified the definition of the disability situation which allows an applicant to be recognized as a priority person for access to social housing. Referring to Article L. 114 of the Code of Social Action and Families which provides that: “constitutes a disability, within the meaning of this law, any limitation of activity or restriction of participation in life in society suffered in their environment by a person due to a substantial, lasting or permanent alteration of one or more physical, sensory, mental, cognitive or psychological functions, a multiple disability or a disabling health disorder”, article L. 441-1 of the CCH aims to improve access for disabled people to social housing. Furthermore, the ELAN law provides that, in geographical areas characterized by a significant imbalance between supply and demand, social landlords must carry out a review of the conditions of occupancy of social rental housing every three years from the date of signature of the lease. Following this examination, the lessor communicates to the housing allocation and housing occupancy examination commission (CALEOL), the files of tenants finding themselves in one of the situations provided for in Article L. 442-5-2 of the CCH, among which: adapted housing is vacated by the occupant with a disability or the recognized state of disability or loss of autonomy requires the allocation of adapted housing to people with a disability. Based on CALEOL's opinion on the characteristics of housing adapted to the needs of the tenant, the social landlord carries out an examination with the tenant of his situation and the possibilities for development of one's residential career. To identify accessible housing suitable for people with reduced mobility, social landlords can rely on knowledge of their assets; the directory of social rental housing was also modified for this purpose by decree of October 20, 2017. Finally, the rating of requests for social housing will allow, particularly in the most strained urban areas, to better take into account and define at the local level the desired allocation priorities. It will provide decision-making support for reservation holders and social landlords, particularly for allocations in favor of people with disabilities. All of these measures should make it possible to better meet the needs of applicants for social housing with disabilities and to shorten the deadlines for the allocation of a adapted accommodation.

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• Annaïg Le Meur · auteur

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