Chapter 1 requisition
LexInter | April 7, 2015 | 0 Comments

Chapter 1 Requisition

CONSTRUCTION AND HOUSING
(Legislative Part)

Chapter I: Requisition

Article L641-1

(Law n ° 98-657 of July 29, 1998 art. 52 Official Journal of July 31, 1998)
 

(Law n ° 2006-872 of July 13, 2006 art. 72 Official Journal of July 16, 2006)

On the proposal of the municipal housing service and after advice from the mayor, the representative of the State in the department may proceed, by requisition, for a maximum renewable period of one year, to the partial or total possession of the premises. for vacant, unoccupied or insufficiently occupied residential use, with a view to allocating them to the persons mentioned in Article L. 641-2.
This power extends to the total or partial requisition of hotels, boarding houses and similar premises, with the exception of hotels and boarding houses assigned to tourism.
As a transitional measure, the representative of the State in the department may, after consulting the mayor, exercise the right of requisition provided for in this article in all the municipalities where there is a housing crisis.
The total duration of the attributions pronounced after January 1, 1959 cannot exceed five years, except exception granted exceptionally for an additional duration of two years at most under the conditions fixed by decree.

Article L641-2

(Law n ° 98-657 of July 29, 1998 art. 52 Official Journal of July 31, 1998)

The only persons liable to benefit from the provisions of this title are:
People without accommodation or housed in manifestly insufficient conditions;
Persons against whom a final judicial decision ordering their expulsion has been issued.

Article L641-3

(Law n ° 98-657 of July 29, 1998 art. 52 Official Journal of July 31, 1998)

The petitioners must, prior to any allocation, submit to the municipal housing service a declaration indicating that they belong to the categories designated above as well as the number of dependents.
The requesting authority assesses the follow-up to be given to the requests submitted to it; these provisions enacted in the public interest do not confer a right on petitioners.
The premises are allocated under sufficient occupancy conditions as defined by the decree provided for in article L. 621-2. The beneficiaries of automatic allocation, single, widowed or divorced without children can only claim the occupation of one room for their home.

Article L641-4

(Law n ° 98-657 of July 29, 1998 art. 52 Official Journal of July 31, 1998)

The benefit of the automatic allocation ceases when the sufficient conditions of occupation themselves cease to be fulfilled.
The representative of the State in the department can, moreover, put an end at any time to the automatic accommodation carried out by him. He must do so when the beneficiary does not enjoy the place peacefully and with a good father.
Regardless of the penalties provided for in Title V, any false declaration entails the forfeiture of the automatic attribution.

Article L641-5

(Law n ° 98-657 of July 29, 1998 art. 52 Official Journal of July 31, 1998)

The holder of insufficiently occupied premises has a period of one month, from the notice sent to him by the municipal housing service, to abandon the accommodation or to provide for the effective occupation of the premises. ” in a manner consistent with the provisions of this book and for the benefit of persons belonging to the categories provided for in Article L. 641-2.

Article L641-6

(Law n ° 98-657 of July 29, 1998 art. 52 Official Journal of July 31, 1998)

The automatic attributions create for the benefit of the beneficiaries only a title to a precarious and personal occupation of the premises.
The beneficiary who does not occupy himself, but has a room assigned to him occupied by a third party, is liable to the penalties provided for in Article L. 651-3.

Article L641-7

(Law n ° 98-657 of July 29, 1998 art. 52 Official Journal of July 31, 1998)

The amount of the occupancy allowance is fixed, within the limit of the lawful price in terms of rent, by amicable agreement between the beneficiary and the service provider, or in the absence of such an agreement, according to the procedure provided for in Chapter V of the Title I of Law no. 48-1360 of September 1, 1948, cited above, at the request of the most diligent party.
The occupancy allowance is paid directly according to the use of the premises to the service provider by the beneficiary. Its recovery is guaranteed by the privilege of Article 2102, 1st paragraph, of the Civil Code.

Article L641-7

(Law n ° 98-657 of July 29, 1998 art. 52 Official Journal of July 31, 1998)
(Ordinance n ° 2006-346 of March 23, 2006 art. 54 Official Journal of March 24, 2006)

The amount of the occupancy allowance is fixed, within the limit of the lawful price in terms of rent, by amicable agreement between the beneficiary and the service provider, or in the absence of such an agreement, according to the procedure provided for in Chapter V of the Title I of Law no. 48-1360 of September 1, 1948, cited above, at the request of the most diligent party.
The occupancy allowance is paid directly according to the use of the premises to the service provider by the beneficiary. Its recovery is guaranteed by the privilege of Article 2332, 1st paragraph, of the Civil Code.

Article L641-8

(Law n ° 98-657 of July 29, 1998 art. 52 Official Journal of July 31, 1998)

In the event of non-payment of the amount of the compensation by the beneficiary, the representative of the State in the department settles it on behalf of the State in charge by him to turn against the beneficiary. The administration may contest the amount of the compensation fixed by agreement between the parties, but must settle the part not contested, the said compensation is then fixed under the conditions provided for in Article L. 641-7. .
Under penalty of forfeiture of his recourse against the State, the service provider sends the beneficiary, within fifteen days of any unpaid due date for the indemnity, a formal notice by registered letter with request for acknowledgment of receipt, to have to be paid within the following fifteen days. If this formal notice remains ineffective, the service provider must notify the representative of the State in the department, in the same form, of the beneficiary’s default. The representative of the State in the department can then pronounce the lifting of the requisition.
When the amount of the occupancy allowance has been set judicially, the formal notice must be sent by the service provider to the beneficiary within fifteen days of the date on which the judicial decision becomes final. This formal notice concerns compensation due, either since the termination of the out-of-court agreement originally entered into, or, in the absence of an amicable agreement, since the beneficiary has taken possession of the premises. These indemnities are paid by the State in the event of default reported to the State representative in the department by the service provider under the conditions set out in the previous paragraph.

Article L641-9

(Law n ° 98-657 of July 29, 1998 art. 52 Official Journal of July 31, 1998)

The indemnities possibly due by the beneficiaries in the event of damage that may have resulted from the occupation are fixed under the same conditions as the occupancy indemnities and their recovery is guaranteed by the same privilege.
The State is also responsible for the payment of the compensation for this damage, in the absence of payment by the beneficiary, but can contest the amount of the said compensation, if it has been fixed by agreement between the interested parties, except to settle without delay the undisputed part. The compensation is then fixed according to the procedure provided for in Chapter V of Title I of Law no. 48-1360 of September 1, 1948 cited above.
When the amount of the compensation is fixed by amicable agreement, the period of fifteen days provided for in Article L. 641-8, 3rd paragraph, runs from the date of this agreement; when it is set judicially, the time limit runs from the date on which the fixing decision becomes final.
Except application of Articles L. 613-1 to L. 613-5, persons who remain in the premises at the expiration of the term of the requisition or the lifting of it are liable to a civil fine at least equal, per day of delay, to the deduction of the daily rent. This fine is pronounced at the request of the public prosecutor by the president of the tribunal de grande instance of the place of the building, ruling in summary proceedings. The latter also pronounces expulsion.

Article L641-10

(Law n ° 98-657 of July 29, 1998 art. 52 Official Journal of July 31, 1998)

The service provider and the owner of the requisitioned premises may not oppose the performance by the beneficiary, at the latter’s expense, of work that is strictly essential to make the premises suitable for habitation, such as the installation of the water, gas and electricity.
No compensation can be demanded by the beneficiary for the adjustments made. At the expiration of the requisition, the person concerned may be put on formal notice by the service provider or the owner to have the premises restored at their expense.

Article L641-11

(Law n ° 80-1 of January 4, 1980 art. 3 Official Journal of January 5, 1980)
(Law n ° 98-657 of July 29, 1998 art. 52 Official Journal of July 31, 1998)

The automatic housing allocations in progress on January 1, 1976 may, by way of derogation from article L. 641-1, be renewed in favor of people over the age of sixty-five or over sixty in the event of incapacity. at work, whose resources do not exceed the ceiling fixed to benefit from the rental of an ordinary low-rent dwelling.

Article L641-12

(Law n ° 98-657 of July 29, 1998 art. 52 Official Journal of July 31, 1998)

In all the municipalities where there is a housing crisis, the premises subject to the provisions of decree no. 53-960 of September 30, 1953, the premises of an artisanal or professional nature, the premises defined in article 8 of law no. 48-1360 of the aforementioned September 1, 1948, and the accommodation accessories to each of these categories of premises which are vacant or unoccupied, in whole or in part, may be requisitioned under the conditions provided for by this title.
The provisions of Article L. 641-10 are applicable to requisitions issued by virtue of this article.
The amount of services due by the beneficiary is set under the conditions provided for in article L. 641-7 according to the provisions of law no. 48-1360 of the aforementioned September 1, 1948 relating to the price of the rent, whatever the nature of the premises required. It is settled in accordance with the provisions of Articles L. 641-6 to L. 641-9.
The same is true for compensation due due to damage that may have resulted from the occupation as well as for the expenses required for the restoration of the premises in the event of default by the beneficiary.

Article L641-13

(Law n ° 98-657 of July 29, 1998 art. 52 Official Journal of July 31, 1998)

The vacant or unoccupied premises concerned by article L. 641-12 are defined by decree.

Article L641-14

(Law n ° 98-657 of July 29, 1998 art. 52 Official Journal of July 31, 1998)

The representative of the State in the department determines, in accordance with the provisions of this chapter, the allocation of the premises of brothels closed by the application of law n. 46-685 of April 13, 1946.

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