CONSTRUCTION AND HOUSING CODE
LexInter | August 12, 2013 | 0 Comments

CONSTRUCTION AND HOUSING CODE

Chapter I: General provisions

Article L351-1

   Personalized housing assistance is introduced.

Article L351-2

(Law n ° 84-595 of July 12, 1984 art. 39 Official Journal of July 13, 1984 corrigendum JORF JULY 21, 1984)
(Law nº 90-449 of May 31, 1990 art. 18 Official Journal of June 2, 1990)
(Law n ° 91-457 of May 15, 1991 art. 8 Official Journal of May 17, 1991)
(Law nº 96-1181 of December 30, 1996 art. 17 V finances for 1997 Official Journal of December 31, 1996)
(Law nº 2000-1208 of December 13, 2000 art. 61 Official Journal of December 14, 2000)
(Ordinance n ° 2005-655 of June 8, 2005 art. 15 Official Journal of June 9, 2005)
(Law n ° 2006-872 of July 13, 2006 art. 37 I Official Journal of July 16, 2006)
Personalized housing assistance is granted for the main residence, regardless of the place of its establishment in the national territory. Its field of application includes:
1 ° Housing occupied by their owners, built, acquired or improved, as of January 5, 1977, by means of specific forms of State aid or loans, the characteristics and conditions of which are ‘grant are fixed by decree;
2 ° Rental accommodation belonging to low-rent housing organizations or managed by them or belonging to lessors in the rental sector defined in the fourth paragraph of article 41 ter of law n ° 86-1290 of 23 December 1986 tending to promote rental investment, home ownership of social housing and the development of land supply, or belonging to other lessors, provided that the lessors undertake to respect certain obligations defined by decrees and specified by agreements governed by Chapter III of this Title or by Section 3 of Chapter I of Title II of this Book;these must conform to standard conventions annexed to decrees;
3 ° Housing for rental use built, acquired or improved from January 5, 1977 by means of specific forms of State aid or loans, the characteristics and conditions of which are determined by decrees as well as housing rental use built from October 1, 1996 having benefited from a favorable decision under conditions set by this code; the granting of this aid or the favorable decision is subject to the commitment made by the donors to respect certain obligations defined by decrees and specified by agreements governed by Chapter III of this title; these must conform to standard conventions annexed to decrees;
4 ° Housing for rental use built or improved after January 4, 1977 under conditions set by decree and whose lessors undertake to comply with certain obligations defined by decrees and specified by agreements governed by Chapter III of this title or by the section 3 of chapter I of title II of this book; these must conform to standard conventions annexed to decrees;
5 ° Housing units for young workers and housing units assimilated under conditions set by decree of the Council of State to housing units mentioned in 2 ° and 3 ° above, provided that they are the subject of agreements governed by the chapter III of this title;
6 ° Housing occupied by holders of rental-purchase contracts concluded under the conditions provided for by law n ° 84-595 of 12 July 1984 defining rental-accession to real estate property, when these housing units have been built, improved or acquired and improved by means of specific forms of State aid or loans, the characteristics and conditions of which are fixed by decree.

Article L351-2-1

(Law nº 93-1027 of August 24, 1993 art. 40 Official Journal of August 29, 1993)

(Law n ° 99-1173 of December 31, 1999 art. 50 amending finance for 1999 Official Journal of December 31, 1999)

Personalized housing assistance is granted under the conditions set by this title to persons of French nationality and to persons of foreign nationality holding one of the residence permits or documents proving the legality of the stay and provided for in application of the article L. 512-2 of the social security code.
Personalized housing assistance is not granted to people who are tenants of housing belonging to one of their ascendants or descendants, or those of their spouse or partner or any person linked to them by a contract concluded in application of article 515-1 of the civil code.

Article L351-2-2

(inserted by Law nº 94-624 of July 21, 1994 art. 38 Official Journal of July 24, 1994)
The organizations referred to in Article L. 411-2 as well as semi-public companies for their subsidized housing, when they benefit from loans referred to in 2 °, 3 ° and 5 ° of Article L. 351-2 within the framework of rental housing construction, acquisition or improvement programs are authorized to recognize as deferred charges in their corporate accounts the amount corresponding to the sum that the lending institution is entitled to claim from them in the event of early repayment of a loan, so that its remuneration, having regard to the terms of progressivity of the annuities over the total duration of the loan, is ensured at the actuarial rate fixed in the contract concluded with the borrower.
The organizations referred to in Article L. 411-2 as well as the semi-public companies for their social rental housing, when they benefit from loans assisted by the State for the construction of social rental housing in the overseas departments. -mer, are authorized to record as deferred charges in their corporate accounts the amount corresponding to the sum that the lending institution is entitled to claim from them in the event of early repayment of a loan, so that its remuneration, in view of the modalities of progressivity of the annuities over the total duration of the loan, is ensured at the actuarial rate fixed in the contract concluded with the borrower.

Article L351-3

(Decree n ° 84-595 of July 12, 1984 art. 40 Official Journal of July 13, 1984 corrigendum JORF JULY 21, 1984)
(Law nº 87-1060 of December 30, 1987 art. 107 finances for 1988 Official Journal of December 31, 1987)
(Law nº 96-1181 of December 30, 1996 art. 134 finances for 1997 Official Journal of December 31, 1996 in force on April 1, 1997)
(Law n ° 2000-656 of July 13, 2000 art. 39 corrective finances for 2000 Official Journal of July 14, 2000)
(Ordinance n ° 2005-655 of June 8, 2005 art. 9 Official Journal of June 9, 2005)
The amount of personalized housing assistance is calculated according to a scale defined by regulation.
This scale is established by taking into consideration:
1. The family situation of the applicant for assistance occupying the accommodation and the number of dependents usually living at the home;
2. The resources of the applicant and, if applicable, of his spouse and people usually living at his home; however, an allowance is made on the amount of resources, when the spouse receives income resulting from the exercise of a professional activity;
3. The amount of the rent or of the royalty defined by the aforementioned law n ° 84-595 of 12 July 1984 or of the reimbursement charges for loans contracted for the acquisition of housing or its improvement, taken into account within the limit of one ceiling, as well as the incidental expenses retained on a flat-rate basis.
The taking into account of resources may be the subject of specific provisions, when the applicant is under twenty-five years of age and has an employment contract other than a contract of indefinite duration.
The scale, revised each year on a date set by decree, takes into account the observed evolution of retail prices and the cost of construction. This revision ensures, by all appropriate measures, the maintenance of the social effectiveness of personalized housing assistance.

Article L351-3-1

(Law n ° 94-1162 of December 30, 1994 art. 93 I finances for 1995 Official Journal of December 30, 1994 in force on January 1, 1995)
(Law n ° 98-657 of July 29, 1998 art. 44 Official Journal of July 31, 1998)
(Law n ° 2000-1208 of December 13, 2000 art. 182 I Official Journal of December 14, 2000)
I. – Personalized housing assistance is due from the first day of the calendar month following that in which the conditions for entitlement are met.
However, this aid is due to the occupant of a hostel housing for young workers or to the occupant of certain hostel housing meeting conditions set by decree from the first day of the first calendar month for which this occupant pays. the full monthly fee provided for by the occupation title, provided that the other conditions for entitlement are met on that date.
Likewise, the provisions provided for in the first paragraph do not apply to persons whose accommodation has been the subject of an unsanitary or dangerous order when, under the conditions defined in the first paragraph of article L 521-2, they resume payment of the rent or any other sum paid in return for the occupation of this dwelling or when they are rehoused.
When the conditions for entitlement are met prior to the date of the application, the aid is only due within the limit of three months preceding the month during which the application is filed.
II. – Personalized housing assistance ceases to be due from the first day of the calendar month during which the conditions for entitlement cease to be met.
However, this aid ceases to be due to the occupant of the hostels mentioned in I on the first day of the calendar month following the last month for which this occupant pays the full monthly fee provided for by the occupation title.
By way of derogation from the two preceding paragraphs, the right to personalized housing assistance is extinguished from the first day of the calendar month following that in which the beneficiary’s death occurs.
III. – The changes likely to modify the rights to personalized assistance take effect and cease to produce their effects according to the rules respectively defined for the opening and the extinction of the rights provided for in the first paragraph of I and II, except in the case of death of the beneficiary’s spouse or dependent, in which case they take effect on the first day of the calendar month following the death.
However, the provisions of I and II may not have the effect of interrupting the right to personalized housing assistance or, where applicable, to housing allowances referred to in Articles L. 542-1 and L. 831-1. of the social security code. The provisions of the first paragraph of I do not apply to people who, hosted by an organization providing temporary accommodation for disadvantaged people and benefiting from the assistance provided for in Article L. 851-1 of the Social Security Code, gain access to housing entitling to personalized housing assistance. In this case, the aid is due from the first day of the calendar month during which the conditions for entitlement are met.

Article L351-4

Personalized housing assistance is exclusive of the services provided for by articles L. 510 (5) and L. 536 to L. 541 of the social security code, by law n ° 71-582 of July 16, 1971 and by law n ° 75-623 of July 11, 1975.

Article L351-5

The allocation of personalized housing assistance gives rise to the right to payment of a removal allowance under the same conditions as those provided for in terms of housing allowance.
This bonus is not cumulative with bonuses of the same type.

Article L351-6

(Ordinance n ° 2005-655 of June 8, 2005 art. 10 Official Journal of June 9, 2005)
The national housing assistance fund is responsible for financing personalized housing assistance, the removal allowance provided for in article L. 351-5 and the related management expenses as well as the expenses of the national council. habitat.
It also finances the housing allowance under Title III of Book VIII of the Social Security Code as well as the related management expenses.
The fund is administered by a management board, the composition of which, the methods of appointing members and the operating methods are fixed by decree.

Article L351-7

(Ordinance n ° 2005-655 of June 8, 2005 art. 10 Official Journal of June 9, 2005)
(Law n ° 2005-1579 of December 19, 2005 art. 23 III Official Journal of December 20, 2005)
The revenues of the National Housing Assistance Fund consist in particular of:
a) State grants;
b) The proceeds of the deductions charged to employers in application of 1 ° and 2 ° of article L. 834-1 of the social security code;
c) Contributions from family benefit schemes.
The annual contribution of each family benefit scheme is equal to the amount of the benefits that would have been paid by them under the family housing allowance and the removal allowance. This contribution can be calculated by means of flat-rate formulas according to methods fixed by decree of the Council of State;
d) A fraction of 1.48% of the consumption right provided for in article 575 of the general tax code; this fraction is collected by the Central Agency for Social Security Bodies and allocated to the National Housing Assistance Fund.
The State ensures the balance of income and expenditure of the national housing assistance fund.

Article L351-8

(Ordinance n ° 2005-655 of June 8, 2005 art. 11 Official Journal of June 9, 2005)
Personalized housing assistance and the removal allowance provided for in article L. 351-5 are settled and paid on behalf of the national housing assistance fund and according to its directives by the bodies or services designated by decree from among those who are responsible for managing family benefits.
For the performance of the mission entrusted to these bodies, national agreements are concluded by the State represented by the president of the national housing assistance fund with, on the one hand, the national family allowances fund and, on the other hand, on the other hand, the central fund for mutual agricultural family allowances. They lay down in particular the obligations of the bodies responsible for the liquidation and payment of aid, the conditions under which the funds are made available to them, the modalities of adaptation of the aid in the event of a significant variation in resources or costs. of the beneficiary, the technical terms of application of article L.
The provisions of these national agreements are applicable to the bodies or services designated by the decree provided for in the first paragraph of this article. However, adjustments may be made to them by virtue of special agreements concluded between the State and these bodies after agreement of the national or central fund concerned.
In the absence of agreement on national agreements with the aforementioned funds, the provisions set out in the second paragraph are fixed by decree.

Article L351-9

(Law nº 2000-1208 of December 13, 2000 art. 157 Official Journal of December 14, 2000)
Personalized housing assistance is paid:
In the event of rental, to the lessor of the accommodation, subject to the provisions of Articles L. 351-11 and L. 353-9;
In the event of a housing management mandate, personalized assistance can be paid to the agent;
In other cases, to the establishment authorized for this purpose.
In cases which will be specified by decree, it may be paid to the tenant or the owner of the accommodation.
When the aid is paid to the lessor or to the establishment authorized for this purpose, it is deducted, by the care of who receives the payment, from the amount of rent and ancillary housing expenses or from that of reimbursement costs. This deduction must be brought to the attention of the beneficiary, tenant or owner of the accommodation.
Subject to the provisions of the first paragraph above, personalized housing assistance is exempt from seizure and non-transferable except for the benefit of the authorized establishment or the lessor or, where applicable, the paying agency in the case provided for in the Article L. 351-11, paragraph 3, in fine.

Article L351-10

(Law nº 96-1160 of December 27, 1996 art. 41 III Official Journal of December 29, 1996)

Personalized housing assistance is neither included in the amount of the beneficiary’s income liable to income tax, nor taken into account for the application of the means test with a view to the allocation of benefits. old age, family benefits other than the single parent’s allowance under the conditions provided for in the second paragraph of Article L. 524-1 of the Social Security Code, social assistance benefits or the allowance for disabled adults.

Article L351-11

(Law n ° 94-629 of July 25, 1994 art. 43 III Official Journal of July 26, 1994)

The payment of personalized housing assistance follows the same frequency as the payment of rent or loan charges. The action for the payment of personalized housing assistance lapses after two years.
This prescription is also applicable to action brought by a paying agency for the recovery of sums unduly paid, except in the event of fraud or false declaration.
In the event that the lessor or the authorized establishment can prove that it has, in accordance with Article L. 351-9, paragraph 5, deducted these sums from the amount of rent and ancillary housing expenses or from that of reimbursement, recovery is made, as the case may be, from the tenant or the borrower.
When one or the other does not dispute the accuracy of this overpayment, the paying agency is authorized to recover this overpayment by withholding from the deadlines for personalized housing assistance to come.
Under the conditions defined by decree, the deductions mentioned in the previous paragraph are determined according to the composition of the family, its resources, housing costs and benefits provided by organizations debtors of family benefits, with the exception of those specified by decree.

Article L351-12

Subject to the provisions of Article L. 353-11, the control of the declarations of applicants or beneficiaries of personalized housing assistance is carried out by sworn staff of the bodies and services responsible for paying the assistance. The public administrations, in particular by application of article 2016 of the general tax code (1), are required to communicate to this staff all the documents necessary for the exercise of this control.

NOTE (1): Article 2016 of the General Tax Code was transferred to Article L. 160 of the Book of Tax Procedures by Decree No. 81-859. Article L. 160 was repealed by law nº 98-1266 (Finances for 1999).

Article L351-13

(Law nº 92-1336 of December 16, 1992 art. 322 Official Journal of December 23, 1992 in force on March 1, 1994)
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
(Law n ° 2005-1579 of December 19, 2005 art. 92 VI Official Journal of December 20, 2005)
Anyone guilty of fraud or false declaration to obtain, cause to be obtained, or to attempt to obtain or to obtain personalized housing assistance is punished by the fine provided for in Article L. 114-13 of the Code of social Security. The court also orders the reimbursement of sums unduly paid.
In the case of an administrator of property, the applicable penalties are imprisonment for six months and a fine of 18,000 euros or one of these two penalties only. In the event of a repeat offense, these penalties may be doubled.
The court may, in addition, in the cases provided for in the two preceding paragraphs, pronounce, for a period not exceeding two years, the prohibition to conclude the agreements provided for in Chapter III.

Article L351-14

(Law n ° 94-624 of July 21, 1994 art. 37 Official Journal of July 24, 1994)
 A competent committee is created in each department to:
1 ° Decide, according to the terms set by decree, on the maintenance of the payment of personalized housing assistance when the beneficiary does not pay the part of the housing expenditure remaining at his expense;
2 ° To rule on requests for the remission of debts presented free of charge by beneficiaries of personalized housing assistance in the event of a claim for an overpayment made by the paying agency;
3 ° To rule on the challenges of the decisions of the bodies or services responsible for the payment of personalized housing assistance or the removal allowance.
This commission is chaired by the prefect or his representative.
A decree determines its composition, the time limit within which it must be consulted and the conditions under which it can delegate to the services responsible for the payment of personalized housing assistance or the removal allowance all or part of its powers with the exception of of that mentioned in 1 ° above.
Appeals relating to these decisions are brought before the administrative jurisdiction.

Article L351-15

(Law n ° 89-475 of July 10, 1989 art. 9 Official Journal of July 12, 1989)
Elderly or disabled adults who have entered into a contract in accordance with the provisions of the fifth paragraph of Article L. 443-1 of the Code of Social Action and Families, are treated as tenants to benefit from personal assistance in accommodation provided for in Article L. 351-1, for the part of the accommodation they occupy.

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