LexInter | November 22, 2008 | 0 Comments

Chapter III Protection of persons in foster homes

CONSTRUCTION AND HOUSING CODE
(Legislative Part)

Chapter III: Measures relating to the protection of persons accommodated in residential accommodation

Article L633-1

(Law nº 2000-1208 of December 13, 2000 art. 194 Official Journal of December 14, 2000)

(Law n ° 2006-872 of July 13, 2006 art. 74 I Official Journal of July 16, 2006)

A hostel, within the meaning of this chapter, is an establishment intended for collective housing as the main residence of people in buildings comprising both private rooms, whether or not furnished, and common rooms used for collective living.

Article L633-2

(inserted by Law n ° 2000-1208 of December 13, 2000 art. 194 Official Journal of December 14, 2000)

Anyone staying as their main residence in an establishment defined in Article L. 633-1 is entitled to the establishment of a written contract.
The contract specifies in particular its effective date, its terms and conditions of termination, the amount paid, all the services included in this amount as well as the additional services offered and their price, the amount of the security deposit, the designation of the premises and equipment for private use of which the person lodged has the use as well as the collective spaces made available.
The signing of the contract by the person lodged implies acceptance of the establishment’s internal regulations. The internal regulations are annexed to the contract.
The contract is concluded for a period of one month and tacitly renewed at the sole will of the person accommodated. The termination of the contract by the manager or the owner can only occur in the following cases:

– non-performance by the person accommodated of an obligation incumbent on him under his contract or a serious or repeated breach of the internal regulations;
– total cessation of activity of the establishment;
– case where the person lodged ceases to fulfill the conditions for admission to the establishment in question.

Article L633-3

(inserted by Law n ° 2000-1208 of December 13, 2000 art. 194 Official Journal of December 14, 2000)

Within six months from the date of publication of Law No. 2000-1208 of December 13, 2000 on urban solidarity and renewal, a contract proposal must be given to any person housed in an establishment defined in the Article L. 633-1, or his legal representative.

Article L633-4

(Law nº 2000-1208 of December 13, 2000 art. 194 Official Journal of December 14, 2000)

(Law n ° 2006-872 of July 13, 2006 art. 74 II Official Journal of July 16, 2006)

In each establishment mentioned in Article L. 633-1, a consultation council is created.
It is made up of representatives of the manager and, if it is distinct from the manager, of the owner and, in at least equal number, of representatives of the persons accommodated.
The board meets at the request of either the owner, or the manager, or representatives of the people lodged at least once a year.
The members of the board are consulted in particular on the development and revision of the internal regulations, prior to the carrying out of work, and on any project and organization, including the management of common spaces, likely to have an impact on housing conditions. and the life of the occupants.
The council must be set up at the latest in the year which follows the publication of the law n ° 2006-872 of July 13, 2006 on the national commitment for housing.

Article L633-4-1

(inserted by Law n ° 2006-872 of July 13, 2006 art. 74 III Official Journal of July 16, 2006)

A Council of State decree sets the conditions for the application of Articles L. 633-1 to L. 633-4, the period of notice in the event of termination of the contract and the conditions under which a person accommodated, under the conditions provided for in the first paragraph of Article L. 633-2, can accommodate third parties, as well as the minimum number of residents from which a consultation council is created and the minimum number of residents from which the residents’ representatives are elected.

Article L633-5

(Law nº 2000-1208 of December 13, 2000 art. 194 Official Journal of December 14, 2000)

(Law n ° 2006-872 of July 13, 2006 art. 74 IV Official Journal of July 16, 2006)

The provisions of this chapter do not apply:
– to furnished accommodation subject to chapter II of this title;
– residences with services under the status of co-ownership governed by Law No. 65-557 of July 10, 1965 establishing the status of co-ownership of built buildings;
– serviced residences where the people housed hold a residential lease.
The provisions of Articles L. 633-4 and L. 633-4-1 do not apply to social and medico-social establishments within the meaning of Article L. 312-1 of the Code of Social Action and Families .

 

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