Key Benefits:
The National Assembly and the Senate adopted,
Vu la Constitutional Council decision No. 2009-578 DC of 18 March 2009 ;
The President of the Republic enacts the following legislation:
I. ― In the title of Chapter V of Book IV, Article L. 441-12, the third paragraph of Article L. 445-1 and Articles L. 445-2, L. 445-3 and L. 445-7 of the Construction and Housing Code and Article 1388 bis of the General Tax Code, the words "global heritage convention" and "global agreement" are replaced by the words "general agreement" and "global agreement"
II. ― After Article L. 411-8 of the Construction and Housing Code, an article L. 411-9 is inserted as follows:
"Art.L. 411-9.-Slightly rented housing organizations develop a strategic heritage plan that defines their strategy to adapt their housing offerings on demand in the different geographic areas where they have a heritage, taking into account the directions set by local habitat programs. The plan includes an analysis of the existing housing stock based on its quality, attractiveness and positioning in local habitat markets. It defines the medium- and long-term evolution of the different components of this park, as well as the resulting investment and management choices. It presents the perspectives of the organization's heritage development. »
III. ― Section L. 445-1 of the same code is amended as follows:
1° The first and second paragraphs are as follows:
"Before December 31, 2010, moderately rented housing organizations concluded with the State, on the basis of the strategic heritage plan referred to in Article L. 411-9 and taking into account the local housing programmes, a social utility agreement lasting six years renewable.
"The public inter-communal cooperation institutions with a local housing programme and the departments are associated, in terms defined by decree in the Council of State, with the development of the provisions of the social utility conventions relating to buildings located in their territory. They are signatories of social utility agreements concluded by the organizations that are attached to them and can be signed for organizations with heritage in their territory. » ;
2° Six sub-items are added:
"The social utility convention includes indicators to measure whether the objectives set for each aspect of the policy of the organizations mentioned in this article have been met. These indicators are defined by decree in the Council of State. In geographical areas characterized by an imbalance between the supply and the demand for housing, the convention also provides for a modulation of the supplement of the rent of solidarity according to the thresholds and modalities defined by decree in the Council of State.
"If a moderately rented housing organization did not send a draft social utility agreement to the representative of the State of its headquarters before June 30, 2010, the Minister for Housing may withdraw one or more of the competencies referred to in articles L. 421-1 to L. 421-4, L. 422-2 and L. 422-3 for a period not exceeding five years. In addition, the Minister responsible for housing may, for the same period, increase the contribution due by that organization under section L. 452-4, in a proportion that cannot exceed the quintuple of the amount originally due.
"If, during the duration of the convention, the representative of the State signatory to the convention finds that the organization has not complied with the commitments set out in the convention, it remains the responsibility of submitting its observations and, if necessary, making proposals to remedy the breaches observed within one month.
"If this review of the organization's situation demonstrates that it has seriously missed its commitments, the representative of the State proposes to the Minister for Housing to impose a penalty on him.
"The amount of this penalty, proportionate to the difference between the objectives defined by the agreement and their degree of achievement and the gravity of the breaches, cannot exceed 100 € per dwelling on which the organization holds a real right, increased the amount of the exemption of the land tax on the built properties of which it has, if any, benefited for a fraction of its property in the last known fiscal year.
"The penalty shall be recovered for the benefit of the Social Rental Housing Guarantee Fund, under the conditions set out in the last paragraph of Article L. 452-5. »
IV. ― Section L. 445-2 of the same code is amended as follows:
1° In the first sentence of the first paragraph, the words "as well as" are replaced by the words: "that take into account the commitments set out in the agreements referred to in Articles L. 441-1-1 and L. 441-1-2, as well as those relating to";
2° After the first sentence of the first paragraph, it is inserted a sentence as follows: "It specifies the accompanying actions carried out, in connection with the associations of insertion, in favour of the persons referred to in Article L. 301-1 II, in particular those occupying housing that have benefited from the funding provided for in Article R. 331-1. » ;
3° The sixth preambular paragraph is supplemented by a sentence as follows:
"For the establishment of the first social utility convention, the organization may derogate from this paragraph. » ;
4° In the second sentence of the last paragraph, the word "twelf" is replaced by the word "sixth".
V.-Article L. 445-4 of the same code is supplemented by a paragraph as follows:
"The social utility agreement may provide, on an experimental basis, for its duration, a device to modulate rents according to the income of tenants notwithstanding the rent ceilings set by the agreements entered into under Article L. 351-2 or resulting from the regulations in force. These rents cannot exceed a share of the resources of all persons living in the home. The minimum and maximum of this part are determined by decree in the Council of State. »
VI. ― The second sentence of the second paragraph of Article 1388 bis of the General Tax Code is supplemented by the words: ", as well as taxation established under the year 2010 when a convention was concluded or renewed in 2009".
I. ― The building and housing code is thus modified:
1° In the first paragraph of Article L. 252-1, the words: "one of the objects of which is to contribute to the housing of the disadvantaged and approved persons for this purpose by the representative of the State in the department" are replaced by the words: "with the approval of the mastery of work provided for in Article L. 365-2";
2° Section L. 302-9-1-1 is amended as follows:
(a) In the last sentence of the first paragraph of I, the word "accredited" is replaced by the words "and organizations";
(b) In the first paragraph of II, after the words "as well as representatives of associations", the words "and organizations" are inserted;
3° Article L. 365-1 is as follows:
"Art.L. 365-1.-The benefits that are made in favour of the persons and families referred to in II of Article L. 301-1, whether they are tenants or occupants, by organizations that benefit to this end from financing, by way of decision, of a subsidy or market agreement, of public authorities, public institutions or social institutions that leave at the expense of the recipient of these benefits, i.e., a lesser amount EC of the European Parliament and of the Council of 12 December 2006 on services in the domestic market when they aim to carry out activities:
« 1° A master's degree of acquisition, construction or rehabilitation of dwellings or accommodation structures as the owner or owner of a building lease, emphyteotic or a rehabilitation lease;
« 2° Social, financial and technical engineering;
« 3° Locative intermediation and social rental management.
"These activities are defined by decree in the Council of State. » ;
4° After Article L. 365-1, six articles L. 365-2 to L. 365-7 are inserted as follows:
"Art.L. 365-2.-Organizations that carry out mastery activities referred to in the 1st of Article L. 365-1 shall be approved by the Minister responsible for housing in terms defined by decree in the Council of State. The licensing criteria relate to the financial capacity of the organization, its competence in the field of housing and the uninterested nature of the management of its leaders.
"Art.L. 365-3.-Organizations that carry out the activities of social, financial and technical engineering referred to in the 2nd of Article L. 365-1 shall be approved by the administrative authority for a period of five years renewable according to the terms defined by decree in the Council of State.
"Art.L. 365-4.-Organizations that carry out the activities of rental intermediation and social rental management referred to in the 3rd of Article L. 365-1 shall be approved by the administrative authority for a period of five years renewable according to the terms defined by decree in the Council of State.
"Art.L. 365-5.-Agreed organizations for their work-control activity referred to in 1° of Article L. 365-1 may benefit from the competitions of the Social Rental Housing Guarantee Fund under the conditions laid down in Article L. 452-1.
"Section L. 411-4 is applicable to social rental housing owned by registered organizations referred to in Article L. 365-2.
"Art.L. 365-6.-In the event of irregularities or serious mismanagement committed by an authorized body under section L. 365-2 or deficiencies of its board of directors, board of directors or supervisory board, the Minister of Housing may withdraw its approval. The withdrawal is pronounced after placing the organization's leaders in a position to present their observations.
"Art.L. 365-7.-The national federations of the bodies referred to in Article L. 365-1 may conclude with the State or its public institutions conventions intended to achieve the objectives defined in Article L. 301-1. » ;
5° At 8° of Article L. 421-1, the words: "approved by order of the prefect" are replaced by the words: "with the approval of the rental intermediation and social rental management provided for in Article L. 365-4";
6° The 4th of Article L. 421-3 is thus written:
"4° To realize, on behalf of associations or organizations working in the field of housing, services for operations or actions that promote social integration of people or urban and social diversity of cities; »
7° Section L. 422-2 is amended as follows:
(a) The ninth preambular paragraph reads as follows:
"to carry out, under conditions defined by their statutes, on behalf of associations or organizations working in the field of housing, services for operations or actions that promote the social integration of people and the urban and social diversity of cities; »
(b) In the eleventh paragraph, the words: "accredited by decree of the representative of the State in the department" are replaced by the words: "with the approval of the rental intermediation and social rental management provided for in Article L. 365-4";
8° At the 6th of Article L. 422-3, the words: "approved by decree of the representative of the State in the department" are replaced by the words: "with the approval of the rental intermediation and social rental management provided for in Article L. 365-4";
9° In the second sentence of Article L. 441-1-1, the word "accredited" is replaced by the words "and organizations";
10° In the first sentence of the fourth paragraph of Article L. 441-2, the words: "associations previously approved by the representative of the State in the department, with the exception of any manager or lessor of housing for disadvantaged persons, and which carry out actions of insertion or in favour of the housing of disadvantaged persons in the territory where the allocated housing is located" are replaced by the words: "organisms relating to the technical approval"
11° The last sentence of the third paragraph of Article L. 443-11 is replaced by a sentence and three paragraphs thereof:
"In the absence of a priority purchaser, housing can be offered:
“—any other physical person;
"to a territorial community or a group of local authorities that undertakes to make this housing available for at least 15 years to disadvantaged persons referred to in Article L. 301-1 II;
"– to an organization that has the approval of the mastery of work under section L. 365-2. » ;
12° In the first paragraph of Article L. 451-1, the words: "and cooperative construction companies" are replaced by the words: ", cooperative production companies and organizations that benefit from the approval of the mastery of work under Article L. 365-2,"
13° Section L. 452-1 is amended as follows:
(a) In the second paragraph, the words: "and mixed-economy societies" are replaced by the words: ", mixed-economy societies and organizations that benefit from the approval of the mastery of work under Article L. 365-2";
(b) After the word: "moderate", the end of the first sentence of the third paragraph is as follows: ", mixed economy societies, organizations enjoying the approval of the mastery of work referred to in Article L. 365-2 and their consolidation. » ;
(c) After the first sentence of the last paragraph, a sentence is inserted as follows:
"It can also support, for the same purposes, the federations grouping the organizations referred to in Article L. 365-2. » ;
14° Section L. 452-4 is amended as follows:
(a) In the first sentence of the first paragraph, the words: "and mixed economy societies" are replaced by the words: ", mixed economy societies and organizations enjoying the approval of the mastery of work under Article L. 365-2";
(b) In the first sentence of the second paragraph, after the word: "moderate", the words are inserted: "and organizations enjoying the approval of the mastery of work under Article L. 365-2";
15° In the first sentence of the first paragraph of Article L. 452-4-1, after the word: "moderate" are inserted the words: "organisms enjoying the approval of the mastery of work under Article L. 365-2";
16° After the word: "organization", the end of the 5th of Article L. 642-3 is thus written: "with the approval of the mastery of work provided for in Article L. 365-2 or the approval of the rental intermediation and the social rental management provided for in Article L. 365-4. » ;
17° In the I of the article L. 651-10, the words: " intervener in the field of insertion by registered housing for this purpose by the representative of the State in the department" are replaced by the words: "with an approval relating to the rental intermediation and social rental management provided for in article L. 365-4".
II. ― The general tax code is amended as follows:
1° At 7° of II of Article 150 U, the words "specified in Article L. 365-1" are replaced by the words "with the approval of the mastery of work under Article L. 365-2";
2° In the first paragraph of the 4th quater of Article 207, the words: "subject to Article L. 365-1 of the Construction and Housing Code, and" are deleted;
3° The 4th quater of Article 207 is thus written:
“(a) The activities referred to in Article L. 365-1 of the Construction and Housing Code for which social economic unions are subject to the approvals provided for in Articles L. 365-2 to L. 365-4 of the same code when they fall under the general interest service defined in the seventh and ninth paragraphs of Article L. 411-2 of the same code as well as other services to these activities; »
4° In the third of section 210 E, the words "specified in Article L. 365-1" are replaced by the words "with the approval of the mastery of work provided for in Article L. 365-2";
5° At the 10th of the III of Article 234 nuns, the word "targeted" is replaced by the words "to carry out the activities mentioned", and the words: "to make them available to disadvantaged persons referred to in Article 1 of Act No. 90-449 of 31 May 1990 concerning the implementation of the right to housing and who have been approved for this purpose by the representative of the State in the department" are deleted
6° After the word "profit", the end of the first sentence of the second paragraph of Article 1384 It is thus written: "with the approval of rental intermediation and social rental management provided for in Article L. 365-4 of the Construction and Housing Code. »
III. ― At the end of the first sentence of article 24-1 of Act No. 89-462 of 6 July 1989 to improve rental reports and amend Act No. 86-1290 of 23 December 1986, the words: ", and approved by the representative of the State in the department" are deleted and, in the second sentence, the words: "accredited under the conditions set out in this paragraph" are replaced by the word:
IV. ― Sections L. 365-2, L. 365-3 and L. 365-4 of the Construction and Housing Code in their I-issued writing apply to applications for registration that have been sought as of January 1, 2010. Existing approvals are closed as of January 1, 2011.
In the sixth paragraph of Article L. 441-2 of the Construction and Housing Code, the words "prefectural body member" are deleted.
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2009-578 DC of 18 March 2009.]
I. ― The last paragraph of section L. 452-4-1 of the Construction and Housing Code is deleted and the 4th of section 12 of Act No. 2003-710 of 1 August 2003 on orientation and programming for the city and urban renewal is repealed.
II. ― From 2008 until the end of the National Urban Renovation Program, the Social Housing Guarantee Fund provides the National Agency for Urban Renovation with a financial competition of €30 million each year.
III. ― The Social Rental Housing Guarantee Fund is authorized to provide the National Agency for Urban Renovation with an exceptional €3 million competition for the 2007 fiscal year.
I. ― The general tax code is amended as follows:
1° In both paragraphs of the I ter and the last sentence of the I quater of Article 1384 A, the year: "2009" is replaced by the year: "2014";
2° In the last sentence of the first and second paragraphs of I and the last sentence of the first paragraph of Article 1384 C, the year: "2009" is replaced by the year: "2014";
3° At the end of the last sentence of the first paragraph of Article 1384 D, the year: "2009" is replaced by the year: "2014".
II. ― At the first sentence of the last paragraph of articles L. 2335-3, L. 5214-23-2 and L. 5215-35 and the first sentence of the second paragraph of Article L. 5216-8-1 of the General Code of Territorial Communities, the year: "2009" is replaced by the year: "2014".
Article 7 of Act No. 2003-710 of 1 August 2003 referred to above is as follows:
"Art. 7.-Financial means for the implementation of the national urban renewal programme between 2004 and 2013 are set at €12 billion.
"These means are allocated to the National Agency for Urban Renovation, created by Article 10, on the basis of contributions made, in particular, by the State and the Union of Social Economy of Housing mentioned in Article L. 313-17 of the Construction and Housing Code.
"The state, in addition to the means mobilized under the previous paragraph, puts in place credits of 350 million euros to support projects implemented under the national urban renewal programme."
I. ― Chapter III of Title I of Book III of the Construction and Housing Code is thus amended:
1° Article L. 313-1 is as follows:
"Art.L. 313-1.- Employers occupying a minimum of twenty employees, with the exception of the State, territorial authorities and their administrative public institutions, subject to the wage tax provided for in theArticle 231 of the General Tax Code, other than those belonging to occupations under the agricultural regime under the laws on social security for which special rules have been enacted pursuant to paragraph 3 of the same article 231, shall devote amounts representing not less than 0, 45% of the amount, heard in the sense of the rules set out in chapters I and II of Book II of the Social Security Code, of the remuneration paid by them in the course of the preceding year to the housing financing
"The obligation referred to in the first paragraph takes the form of a payment to an organization approved by the Minister responsible for housing for the purpose of collecting employer participation in the construction effort. The conditions of this approval are defined by decree in the Council of State.
"An employer can free itself from this obligation by investing directly in favour of the housing of its employees, under conditions fixed by decree in the Council of State.
"Employers who, through their own resources, have invested in an amount over the first paragraph in a fiscal year may defer the surplus over the subsequent years.
"This article is applicable to industrial and commercial public institutions as well as industrial and commercial bodies of the State, territorial authorities and their groupings.
"TheArticle L. 1111-2 of the Labour Code applies to the calculation of the strength referred to in the first paragraph of this section. » ;
2° After Article L. 313-1, two articles L. 313-2 and L. 313-3 are reinstated:
"Art.L. 313-2.- Employers who, because of the increase in their workforce, reach or exceed the workforce of twenty employees are exempted for three years from the payment under Article L. 313-1. The amount of this payment is reduced by 75 per cent, 50 per cent and 25 per cent respectively in the first, second and third years following the last year of exemption. Employers who exceeded the workforce by 20 employees before September 1, 2005 and who in 2005 received a waiver or a reduction in the amount of their participation continue to benefit from this exemption or reduction under the previous conditions.
"The previous paragraph is not applicable where the increase in the workforce is the result of the resumption or absorption of a company that has employed twenty or more employees in one of the previous three years.
"In this case, the payment referred to in the first paragraph is due under the conditions of common law from the year in which the number of employees is reached or exceeded.
"Art.L. 313-3.-The resources of the participation of employers in the construction effort are composed of the payments of employers, the returns of the loans previously granted using resources from the participation of employers in the construction effort, the borrowings of the Union of Social Economy of Housing and, under conditions defined by decree in the Council of State, the allocation of all or part of the result of the registered collectors. Reimbursement to employers by collector organizations of payments for previously made participation in the form of loans is deducted from these resources.
"These resources are devoted to the following categories of employment:
“(a) Assistance to natural persons for their projects of ownership, rehabilitation of their housing, access to rental housing, change of housing or maintenance in it;
“(b) Supporting the construction, rehabilitation and acquisition of social rental housing and the production of intermediate rental housing;
"(c) A very social intervention in the field of housing, in particular in the form of housing or accommodation of disadvantaged persons and social support expenses;
"(d) Implementation of the national urban renewal programme;
“e) Implementing the national program for the requalification of the degraded old quarters and supporting the improvement of the private park;
“(f) To participate in actions of training, information or reflection carried out by associations approved by the State;
“(g) The payment of compensation to insurance organizations that offer insurance contracts against the unpaid rents that respect a notebook of the charges set by decree in the Council of State.
"These interventions can take the form of loans, advances on work, participation, guarantee or subsidies to natural or legal persons, to state operators or to associations accredited by the State.
"The resources devoted to the categories of employment referred to in b, c, d and e give rise to considerations that may take the form of booking fees relating to rental housing, under the conditions provided for in Article L. 313-26.
"As of June 30, 2011, the Government undertakes, every three years, a dialogue with the representatives of the union and employers' organisations members of the Union of Social Economy of Housing on the employment of employers in the construction effort.
"For each category of employment, the nature of the corresponding jobs and their rules of use are fixed by decree in the Council of State, taken after consultation with the representatives of the trade union and employers organisations members of the Union of Social Economy of Housing. The distribution of the resources of employers' participation in the construction effort between each of the categories of employment referred to in this article is determined by a programming document prepared for a period of three years by the ministers responsible for housing and budget after consultation with representatives of the trade union and employers' organisations members of the Union d'économie sociale du logement. This programming document as well as the corresponding appropriations are forwarded to Parliament upon the submission of multi-year public finance programming legislation. The minimum and maximum annual envelopes for each job or job category are fixed for a period of three years by decree issued after consultation with representatives of trade union and employers' organisations members of the Union d'économie sociale du logement. The Parliament is seized of the annual distributions when the financial bills are tabled. » ;
3° Article L. 313-7 is as follows:
"Art.L. 313-7.-I. ― The National Agency for Employer Participation in the Construction Work is an industrial and commercial public institution.
"It is responsible for an assessment and control mission related to employers' participation in the construction effort.
“II. ― The agency has a role:
“(a) Statistical, accounting and financial monitoring of employers' participation in the construction effort;
“(b) Monitoring compliance with the conditions of accreditation of collector organizations and monitoring their performance in terms of management;
"(c) Monitoring compliance with regulations and obligations of any kind:
“– to registered collector organizations;
"at the Union of Social Economy of Housing;
“– to organizations subject to control, within the meaning of III of Article L. 430-1 of the Commercial Code, accredited collector organizations or the Social Economy Union of Housing;
"to organizations that benefit, directly or indirectly, from financial competitions from accredited collector organizations or the Union of Social Housing Economy;
"(d) Control of the employment of employers' participation in the construction effort;
“e) Assessing the contribution of employers' participation in the construction effort to the categories of employment referred to in Article L. 313-3;
“(f) Assistance to the administration for the development of rules applicable to registered collectors.
"III. ― As part of its activities, the agency:
“(a) Determine the list, model and deadlines for the transmission of documents and information to be submitted to it;
“(b) May request all information, clarifications or justifications necessary to carry out its mission;
"(c) Can request the communication of any document, including accounting;
"(d) Proposes to the Minister responsible for housing the designation of the officers authorized to carry out the necessary controls for the performance of the tasks set out in this section. These agents are held in professional secrecy under the conditions provided for in articles 226-13 and 226-14 of the Criminal Code. This secret cannot be opposed to them except by the court officers.
"The moderate rent housing organizations referred to in Article L. 411-2 and the mixed economy companies are excluded from the agency's control field. » ;
4° In Article L. 313-8, the words: "associations referred to in Article L. 313-7, including when they" are replaced by the words: "accredited collector organizations referred to in the second paragraph of Article L. 313-18, including when they";
5° Thearticle L. 313-9 is repealed;
6° Section L. 313-10 is amended as follows:
(a) In the first paragraph, the words: "The National Agency" are replaced by the words: "The Agency", and the words: "associations referred to in Article L. 313-7 and organizations referred to in the first paragraph of Article L. 313-16" are replaced by the words: "accredited collectors other than moderate rent housing organizations and mixed economy societies";
(b) In the second paragraph, the words: "associations and" are deleted, the words: "the National Agency" are replaced by the words: "the agency", and the word "interested" is replaced by the words: "household, economy and budget";
7° Article L. 313-11 is as follows:
"Art.L. 313-11.-The agency is administered by a board of directors composed of five State representatives and three personalities designated by the Minister responsible for housing because of their housing skills.
"The organisation and operation of the agency is determined by decree in the Council of State. » ;
8° Article L. 313-12 is as follows:
"Art.L. 313-12.-The agency is financed, for its operation, by a levy on the resources of employer participation in the construction effort referred to in Article L. 313-3.
"The amount of this levy is determined by joint order of Ministers responsible for housing, the economy and the budget. » ;
9° Articles L. 313-13 to L. 313-16 are as follows:
"Art.L. 313-13.-I. ― In the event of serious irregularity in the use of funds, serious mismanagement, deficiencies in the realization of the social object or non-compliance with the conditions of approval, the agency maintains that, within a specified period of time, any effective recovery measures are taken.
"The breaches referred to in the first paragraph include cases where an associated collector organization of the Union of Social Economy of Housing does not subscribe its share to the capital of the union, does not pay the contributions provided for in Articles L. 313-20 and L. 313-25, carries out operations in ignorance of the 8th of Article L. 313-19 or lacks, in a serious and repeated way, the recommendations of the union.
“II. ― In the event of a deficiency of an organization that is controlled on the expiry of the time limit set by the time limit, the agency may propose to the Minister responsible for housing:
“(a) A pecuniary penalty, the amount of which is determined in the light of the seriousness of the facts and the financial situation and size of the body concerned. This penalty, which cannot exceed two million euros, is recovered as in direct taxes. Its product is paid to the agency;
“(b) To prohibit, for a period of not more than ten years, one or more members or former members of the governing bodies from participating in the organs of the organization, organizations with similar objects, as well as the legislative and management bodies of moderately rented housing organizations referred to in Article L. 411-2 and mixed-economy companies carrying on as their principal function an activity of construction, acquisition or management of social housing;
"(c) To impose the following sanctions, depending on the nature of the body:
"if it is a registered collector organization, the withdrawal of the accreditation;
"if it is a registered collector organization referred to in the second paragraph of section L. 313-18, the suspension of the board of directors. If this suspension is pronounced, the Minister responsible for housing may charge the agency to take the necessary precautionary measures;
"if it is a registered collector body other than those referred to in the second paragraph of section L. 313-18, to propose to the guardianship minister of that body to suspend the governing bodies or to declare the members to resign from office;
"If it is an organization with financial competitions from resources derived from the employer's participation in the construction effort, the ban on the benefit of such competitions for a period of not more than ten years.
"The sanction is pronounced after placing the controlled body in a position to present its observations. In cases of breaches referred to in the second paragraph of I, the penalty shall be pronounced after notice of the union.
"III. ― In the event of an emergency, the Minister for Housing may, after notice of the agency rendered within eight days, issue or propose the sanctions referred to in the second to fourth paragraphs of c of II.
"Art.L. 313-14. -In the event of a withdrawal of approval from a registered collector organization referred to in the second paragraph of section L. 313-18, the Minister for Housing shall, by order made on proposal or after notice of the agency, proceed to its dissolution and appoint, by the same order, a liquidator.
"Art.L. 313-15.-In the event of a judicial dissolution of a registered collector organization referred to in the second paragraph of Article L. 313-18, the net assets released by the liquidation can only be attributed to a similar body.
"In the event of a voluntary or statutory dissolution of a registered collector organization referred to in the second paragraph of Article L. 313-18, the net assets released by liquidation shall be attributed to a similar organization. The organization is designated by the Minister responsible for housing, after a proposal from the agency.
"In the event of an administrative liquidation of a registered collector organization referred to in the second paragraph of Article L. 313-18, the active and passive situation resulting from the encumberment and use of resources for the participation of employers in the construction effort is attributed to a similar body. The organization is designated by the Minister responsible for housing, after a proposal from the agency.
"Art.L. 313-16.-In the event of a withdrawal of approval from a registered collector organization other than those referred to in the second paragraph of section L. 313-18, the Minister responsible for housing shall, on a proposal or after the advice of the agency, transfer the active and passive situation resulting from the receipt and use of resources for the participation of employers in the construction effort to a registered collector organization referred to in section 18 It appoints a director to carry out the transfer to the agency concerned. » ;
10° Articles L. 313-16-1, L. 313-16-2 and L. 313-16-4 are repealed;
11° In the first sentence of Article L. 313-16-3, the words: "the National Agency for Employers' Participation in the Construction Work" are replaced by the words: "the agency";
12° In Article L. 313-17, the words: "to the provisions of Act No. 66-537 of 24 July 1966 on commercial companies" are replaced by the words "in Book II of the Commercial Code";
13° Article L. 313-19 is as follows:
"Art.L. 313-19.-The Union of Social Economy of Housing:
« 1° Represents the common interests of its partners;
« 2° Manages the funds referred to in Article L. 313-20;
« 3° Ensures the implementation of national policies for the use of resources derived from the participation of employers in the construction effort, under the conditions defined in Article L. 313-3, by the collector partners or by it from resources called to the collector partners;
« 4° Mobilizes all collector partners for the implementation of the Act No. 2007-290 of 5 March 2007 establishing the right to opposable housing and carrying various measures in favour of social cohesion, including the use of part of the reservation contracts referred to in Article L. 313-26 of which they are holders;
« 5° Watch:
"—the good application, in the societies referred to in Article L. 422-2 whose collector organizations are shareholders of reference within the meaning of Article L. 422-2-1, of the national policy of housing and urban renewal defined in the conventions concluded by the State with the union of federations of housing organizations with moderate rent;
“to allow the consolidation of the shares of these same companies held by the collectors’ associates without being able to organize a national concentration;
"to give voting instructions on decisions taken at the meeting of the shareholders or directors of the same companies when dealing with transactions related to their capital;
"to ensure, in societies whose collector organizations are shareholders of reference, respect for the ethical principles it sets;
« 6° Assure :
“– Cooperation between partners;
“– Coordination of collection tasks;
" ― the harmonization of the terms and conditions of employment of funds derived from the participation of employers in the construction effort;
" — in conjunction with the National Housing Information Agency and departmental housing information associations that have signed an agreement with the State, information on the housing of employees;
"– improving the management of the collector partners;
"7° Elaborates, in the common interest, recommendations to associates for the purposes mentioned in 3° to 6°. These recommendations are necessary for the collector partners;
« 8° Provides, in consideration of the common interests it represents and the objectives of the national employment policies of the resources derived from the participation of employers in the construction effort, a prior notice of the operations by which the collector partners:
" — constitute, cede or transform debts or grant subsidies with funds derived from the employer's participation in the construction effort, under conditions that deviate from the recommendations mentioned in the 7th;
“– convert or transform into securities or grants of receivables made with funds of the same source;
"take or cede funding with funds from the same source;
"9° Assure, within the limits set by its statutes, manages other common interests of its partners and contributes to the development of their activities. These transactions are reflected in a separate accounting.
"The collectors' associates communicate to the union the information necessary to carry out their mission.
"The Union d'économie sociale du logement is administered by a supervisory board and a directorate. Its statutes are approved by decree. » ;
14° Article L. 313-20 is as follows:
"Art.L. 313-20.-I. ― The Union d'économie sociale du logement has an intervention fund, a social intervention fund and a universal rental risk guarantee fund.
“II. ― The intervention fund contributes to the proper adaptation of the resources of the collector partners to the local needs and to the effective implementation by the union of the national and local employment policies of the resources derived from the participation of employers in the construction effort.
"III. ― The Social Intervention Fund funds the actions mentioned in c of Article L. 313-3. In particular, it can guarantee rents and expenses due to the owners of the dwellings by organizations mentioned in article L. 365-4 carrying out rental and social rental intermediation activities, when these organizations sublegate such dwellings to persons with special difficulties within the meaning of article L. 301-1.
"IV. ― The universal rental risk guarantee fund ensures the payment of the compensations referred to in Article L. 313-3. This payment is not a reinsurance activity within the meaning ofArticle L. 310-1-1 of the Insurance Code.
"The universal rental risk guarantee fund can also provide rent and expense guarantees to donors in the rental sectors mentioned in the third to fifth paragraphs of Article 41 ter of Law No. 86-1290 of 23 December 1986 aiming to promote rental investment, social housing ownership and the development of land supply, which do not endorse insurance contracts against the risk of unpaid rent.
"In addition to the contributions of the collector partners and all resources of the Union d'économie sociale du logement, the Universal Leasing Risk Guarantee Fund is funded by a fraction of the premiums or contributions that are entrusted to it by the insurance organizations that propose the subscription of insurance contracts against the risk of unpaid rents in accordance with the social specifications notebook referred to in the g of Article L. 313-3. It may also receive payments from the State for tenants, which the latter provides, under conditions fixed by agreement between the State and the Union of Social Economy of Housing, as well as voluntary contributions from the local authorities or their groups.
"V. ― The union guarantees the financial balance of each fund.
"Each collector contributes to each fund. The Union Supervisory Board sets out the amount of contributions in the form of:
“ ― payments;
" – transfers of receivables made with funds derived from employers' participation in the construction effort;
" — or registrations, to the balance of these partners, debts whose payment to the union is guaranteed by the assets of the partners derived from this participation.
"Each fund can also be fed by all resources of the union.
"Retraced in a separate accounting, respectively:
“– the operations of each fund;
"in the intervention fund, the operations relating to each of the employment policies mentioned in the 3rd of Article L. 313-19;
"in the Universal Leasing Risk Guarantee Fund, the operations referred to in the first paragraph of this article, on the one hand, and those mentioned in the second paragraph of the same IV, on the other.
"VI. ― A decree in the Council of State, taken after notice of the union, sets the rules for the management and operation of the social intervention fund and the universal guarantee fund for rental risks. » ;
15° Article L. 313-21 is as follows:
"Art.L. 313-21.-The Union Supervisory Board determines the directions of the activity of the union and ensures that they are implemented. He takes up all matters of interest in the good march of the union and resolves by his deliberations the cases concerning it. It sets out the recommendations referred to in section L. 313-19 and the notices of union provided by law or regulation. He authorizes the use of the loan.
"The Supervisory Board has five permanent representatives most designated by associated employer organizations and five permanent representatives most designated by associated employee organizations. An alternate of each of these representatives shall be designated under the same conditions. The supervisory board is chaired by one of the representatives designated by associated employer organizations. Representatives and their substitutes may not be the owners of shares of the union. The board meets at least three times in the year.
"The Director is responsible for the implementation of the deliberations of the Supervisory Board. It reports on its activity at each Supervisory Board meeting. » ;
16° Article L. 313-22 is as follows:
"Art.L. 313-22.-The budget and annual accounts of the Union d'économie sociale du logement are decided by the Supervisory Board.
"The state of progress is presented three times a year to the Supervisory Board, with proposals for corrective measures in the event of significant shifts from forecasts. » ;
17° Article L. 313-23 is as follows:
"Art.L. 313-23.-Three Government Commissioners represent the State with the Union of Social Housing Economy. Each Government Commissioner may have an alternate. They attend the surveillance board sessions. They can be sent all documents.
"Each Government Commissioner may request the inclusion of one or more items on the agenda.
“The Government Commissioners may, within fifteen days of taking the deliberation, jointly veto:
"– in deliberations that are not consistent with respect for the balance between the jobs and resources of funds derived from employer participation in the construction effort;
"—in proceedings not in accordance with the regulations. » ;
18° Article L. 313-25 is amended as follows:
(a) In the first sentence of the first paragraph, the references: "at 1° to 4° of Article L. 313-19" are replaced by the references: "at Article L. 313-19";
(b) In the first sentence of the third paragraph, the words "administrative board" are replaced by the words "monitoring board";
19° In the first paragraph of Article L. 313-26-1, the words: "by a convention between the State and the Union of Social Economy of Housing" are replaced by the words: "by decree in the Council of State", and the words: "this union" are replaced by the words: "the Union of Social Economy of Housing";
20° After Article L. 313-26-1, an article L. 313-26-2 is inserted as follows:
"Art.L. 313-26-2.-A quarter of the responsibilities, divided program by program, of housing for which the registered collector organizations associated with the Union of Social Economy of Housing have booking contracts is reserved for employees and job seekers designated as priority and to whom housing must be allocated urgently pursuant to Article L. 441-2-3.
"People receiving information about employees or job seekers designated as a priority within a collecting body are previously authorized to do so by a decision of the representative of the State in the department of the headquarters of the collecting agency and are held in professional secrecy. » ;
21° In Article L. 313-31, the words: "associations referred to in Article L. 313-7 and organizations mentioned in the first paragraph of Article L. 313-16 as well as administrators and employees of the national agency" are replaced by the words: "registered collector organizations as well as administrators and employees of the National Agency for the participation of employers in the construction effort";
22° Section L. 313-32-1 is amended as follows:
(a) The beginning of the first paragraph is as follows:
"For the implementation of national policies for the use of resources from the participation of employers in the construction effort, the associated collectors... (the rest without change). » ;
(b) The second sentence of the second paragraph is deleted;
23° Article L. 313-33 is as follows:
"Art.L. 313-33.-The statutes of the association for access to rental guarantees are approved by decree.
"The commissioners of the Government to the association are the commissioners of the Government to the Union d'économie sociale du logement. They have the same powers within the association as those mentioned in Article L. 313-23. Section L. 313-22 also applies to the association.
"The purpose of the association, subject to the control of the Court of Accounts and the general inspection of finances and to the Part II of Act No. 91-3 of 3 January 1991 concerning the transparency and regularity of contract procedures and subjecting the transfer of certain contracts to advertising and competition rules, is to organize the rental risk guarantee device referred to in Article L. 313-20 IV. » ;
24° After Article L. 313-33, three articles L. 313-34, L. 313-35 and L. 313-36 are inserted as follows:
"Art.L. 313-34. -The statutes of the housing association are approved by decree.
"The Commissioners of the Government to the Associate shall be the Commissioners of the Government to the Union d'économie sociale du logement. They have the same powers within the association as those mentioned in Article L. 313-23. Section L. 313-22 also applies to the association.
"The purpose of the association, subject to the control of the Court of Accounts and the General Financial Inspection and under Part II of Act No. 91-3 of 3 January 1991 referred to above, is to carry out housing programmes that contribute to the social mix of cities and neighborhoods. These programs relate, on the one hand, to the realization of free rental housing in urban renewal areas and, on the other hand, to the realization of social rental housing in urban areas characterized by a significant imbalance between the supply and demand for housing.
"The association is authorized to contribute by transfer of assets to the financing of mandatory complementary pension plans for employees in the private sector by distribution, instituted by interprofessional collective agreements. The contributions and subsidies received by this association in accordance with its purpose for the financing of its capital assets, profits or losses, as well as the surplus-values or less-values made in connection with the transfers of assets mentioned in the preceding sentence are excluded from the corporate tax base. The portion of the amortizations corresponding to the cost of capital assets financed directly or indirectly by the contributions and subsidies mentioned in the previous sentence is also excluded from the basis for calculating the tax on the companies to which the corporation is subject and all other legal entities that account for such amortizations.
"Art.L. 313-35.-A quarter of the program-based allocation of housing belonging to the housing association or one of its affiliates is reserved for employees and job seekers designated as priority and to whom housing must be allocated urgently under section L. 441-2-3.
"People receiving information about employees or job seekers designated as priority within the housing land association are previously authorized to do so by a decision of the representative of the State in the department of the headquarters of the collecting agency and are held in professional secrecy.
"Art.L. 313-36.-The terms and conditions of application of this chapter are set by decree in the Council of State. »
II. ― All assets, liabilities, rights and obligations of the National Agency for Employers' Participation in the Construction Effort under its programming activity of the fraction of the priority participation in the housing of immigrant workers and their families is transferred to the social intervention fund referred to in the social intervention fund mentioned in theArticle L. 313-20 of the Construction and Housing Code.
However, a portion of the resources from the fraction of the employer's participation in the construction effort consecrated by priority to the housing of immigrant workers and their families, to the amount set by order of the Minister responsible for housing, remains managed by the National Agency for the participation of employers in the construction effort, until January 1, 2011, for the exclusive financing of support to the financial consolidation of the approved organizations referred to in section L 365-1
III.-In the first paragraph of section 200 nonies of the General Tax Code, the reference: "g of Article L. 313-1" is replaced by the reference: "g of Article L. 313-3".
IV.-The last paragraph of Article L. 225-43 and the last paragraph of Article L. 225-91 of the Commercial Code are deleted and section L. 952-3 of the same Code is repealed.
V.-At the 6th of Article 1461 of the General Tax Code, the reference: "5°" is replaced by the reference: "9°".
VI.-The support fund of the Union d'économie sociale du logement is transformed into an accounting section of the agency's intervention fund.
VII.-Article 4 of Act No. 98-1164 of 18 December 1998 relating to the use of employer participation funds in the construction effort is repealed.
VIII.-1.Article 116 of the Financial Law for 2002 (No. 2001-1275 of 28 December 2001) is repealed.
2. In all legislation and regulations, the reference to section 116 of the Financial Act for 2002 (No. 2001-1275 of 28 December 2001) is replaced by the reference to section L. 313-34 of the Construction and Housing Code.
IX.-Section 85 of Act No. 2007-1824 of 25 December 2007 of Corrigendum Finance for 2007 is amended as follows:
1° In the first sentence of the first paragraph of I, the reference: "g of Article L. 313-1" is replaced by the reference: "g of Article L. 313-3";
2° In the first sentence of the second paragraph, the words: "in the ninth paragraph of Article L. 313-20 of the Construction and Housing Code" are replaced by the words: "in the third to the third fifth paragraphs of Article 41 ter of Law No. 86-1290 of 23 December 1986 aiming to promote rental investment, social housing ownership and the development of land supply."
X.-Le 2° de l'article 12 de la loi n° 2003-710 du 1er août 2003 d'orientation et de programmation pour la ville et la rénovation est ainsi écrit :
« 2° The contributions of the Union of Social Economy of Housing; "
XI.-The agreements between the State and the Union of Social Economy of Housing pursuant to Article L. 313-19 of the code of construction and housing in its current version before the publication of this Act shall cease from the date of the publication of the decree in the Council of State provided for in the last paragraph of Article L. 313-3 of the same code in its version of this Act and, at the latest, by June 30, 2009.
XII.-By derogation from provisions of Article L. 716-3 of the Rural Code, employers may pay their seated participation on compensation paid in the year 2007 until June 30, 2009. After that date, they are subject to the 2% contribution referred to in the same section.
I. ― Section L. 321-1 of the Construction and Housing Code is amended as follows:
1° I is thus modified:
(a) The first sentence of the first paragraph is supplemented by the words: "and to participate in the fight against unworthy habitat and in the improvement of accommodation structures";
(b) The second sentence of the first paragraph is supplemented by the words: ", as well as the execution of insalubre habitat resorption operations and the requalification of degraded private habitat buildings";
(c) The second preambular paragraph is replaced by five sub-items:
"The National Habitat Agency is administered by a board of directors that includes an equal number:
« 1° Representatives of the State and its public institutions;
« 2° De parlementaire, de représentants de l'Assemblée des departments de France, de l'Assemblée des communautés de France et de l'Association des mayors de France ;
« 3° Qualified personalities, including two representatives of the Union d'économie sociale du logement as well as a representative of the owners, a representative of the tenants and a representative of real estate professionals.
"The President and members of the Board of Directors are appointed by joint order of the Minister for Housing and the Minister for Finance. The president is chosen from the members mentioned in 2° or 3°. » ;
2° The III is completed by a 9° and 10° as follows:
« 9° Resources from employers' participation in the construction effort;
« 10° Miscellaneous income, including compensation for services rendered to third parties, under conditions established by the Board of Directors. » ;
3° After the III, a III bis is inserted as follows:
"III bis. ― In the region, in the department or in Corsica, the delegate of the National Habitat Agency is respectively the representative of the State in the region, in the department or in Corsica. »
4° In the second sentence of the IV, after the words: "The National Habitat Agency" are inserted the words: "In particular, the specific majority rules required for the management of credits related to the fight against unworthy habitat and the improvement of accommodation structures."
II.-The National Habitat Agency is substituted for the State in the rights and obligations resulting from contracts passed by the State and the financial commitments required for the continuation of actions under the improvement of accommodation structures and operational arrangements for the fight against unworthy habitat. A decree sets out the terms and conditions for the application of this substitution, the date of its implementation, which must be intervened no later than December 31, 2009, and the list of transactions transferred with the amount of expenses remaining to be paid.
Article L. 321-4 of the Construction and Housing Code is supplemented by a paragraph as follows:
"The National Habitat Agency may communicate to the tax administration, spontaneously or at its request, without the obligation to professional secrecy, all information and documents collected under its mission, including information relating to the conventions signed under this section, specifying the unique identifier of the dwellings to which these conventions relate and the name of their owner. »
Section L. 522-1 of the Construction and Housing Code is amended as follows:
1° In the first paragraph, the words: "stand alone" are replaced by the words: "or its national operators stand alone";
2° In the second paragraph, after the word "State", the words "or its national operators" are inserted.
The second to fourth paragraphs of Article L. 443-12-1 of the Construction and Housing Code are replaced by a paragraph as follows:
"The purchaser who has acquired his or her accommodation at a lower price than the valuation made by the domain service and who has sold it within five years of this acquisition is required to pay the moderate rent housing agency an amount equal to the difference between the selling price and the purchase price. This amount cannot exceed the gap between the valuation by the domain service during the acquisition and the acquisition price. »
The second and third paragraphs of section 42 of Act No. 86-1290 of 23 December 1986 to promote rental investment, social housing ownership and the development of land supply are replaced by seven paragraphs, as follows:
"These agreements are mandatory on all or part of the heritage as soon as they have been concluded:
“– either by one or more associations affiliated to an organization serving on the National Consultation Commission, present in the heritage of the lessor;
" — either by one or more associations comprising at least 50% of the votes of the tenants in elections to the board of directors or the board of supervision of the organization;
"– either by one or more associations comprising at least 20% of the tenants involved in the agreement.
"These agreements are not mandatory if they have been rejected in writing by 50% of the tenants concerned, within two months of their individual notification by the lessee.
"In the absence of agreements signed in accordance with this article, donors may also offer directly to tenants similar agreements. These agreements are deemed to be applicable as long as they have been approved in writing by the majority of the tenants involved in the agreement that have been expressed within two months of the receipt of the individual notification by the lessor, provided that 25% of the tenants affected by the agreement have expressed themselves. If not, a new consultation is then initiated and the agreement is deemed to be applicable as soon as it has been approved in writing by the majority of tenants who have expressed themselves, within two months of the receipt of the new individual notification by the lessor.
"In all cases, it is attributed only one voice per rented dwelling. »
Sub-section 1 of chapter III, section 2, of Book IV, Book IV, of the Construction and Housing Code is amended as follows:
1° The last paragraph of Article L. 443-7 is as follows:
"The moderately rented housing organization shall notify the purchaser in writing, prior to the sale, the amount of rental expenses and, where applicable, of condominium for the last two years, and shall forward the list of work carried out on the common parts for the past five years. As required, it provides a list of work to improve common parts and common equipment that it would be desirable to undertake, together with an assessment of the overall amount of the work and the share attributable to the purchaser. » ;
2° After Article L. 443-7, an article L. 443-7-1 was reinstated as follows:
"Art.L. 443-7-1. -In condominiums with housing sold under this section, the list of work referred to in the last paragraph of Article L. 443-7 shall, if any, be the subject of an annual presentation by the trustee before the general meeting of the co-owners.
"When voted by the General Assembly of co-owners, the work to improve common parts and elements of common equipment will result in the creation of advances, in terms defined by the General Assembly. The moderately rented housing organization is exempt from this obligation.
"These advances are deposited on a separate bank or postal account opened on behalf of the co-owners' union with a particular section for each co-owner. The account and entries are not subject to any merger, compensation or account unit agreement. »
In the fourth sentence of the second paragraph of Article L. 125-2-4 of the Construction and Housing Code, the word "15" is replaced by the word "18".
Article L. 443-15 of the Construction and Housing Code is supplemented by a paragraph as follows:
"In condominiums arising from the sale of rental housing carried out under this section in which a moderately rented housing organization has at least one dwelling, it may, as appropriate, make available to its staff to the co-owners' union in order to ensure maintenance, cleanliness agent, waste disposal, common technical maintenance and good operation missions. This provision of personnel benefits from the exemption of value added tax provided for in theArticle 261 B of the General Tax Code where the conditions provided for in this article are met. »
After section 18 of Act No. 65-557 of 10 July 1965 establishing the status of the condominium of the built buildings, an article 18-1A is inserted as follows:
"Art. 18-1A.-Only the work referred to in Article 14-2 and voted by the General Assembly of co-owners pursuant to Articles 24, 25, 26, 26-3 and 30 may be subject to specific fees for the benefit of the trustee. These fees are voted at the same general assembly as the work concerned, with the same majority rules. »
The first paragraph of section 18-2 of Act No. 65-557 of 10 July 1965 above is supplemented by a sentence as follows:
"In the case that the former syndic has made the choice to entrust all or part of the archives of the union of co-owners to a specialized provider, it is required, within that same time, to inform the provider of this change by communicating the contact details of the new syndic."
Section 2 of Chapter II of Act No. 65-557 of 10 July 1965 referred to above is amended as follows:
1° Before section 29-1, two articles 29-1A and 29-1B are inserted as follows:
"Art. 29-1A.-When at the close of the accounts the unpaid amount reaches 25% of the amounts due under sections 14-1 and 14-2, the syndic informs the union council and, upon request, appeals to the president of the court of large instance of an application for the appointment of an ad hoc agent.
"In the absence of a trustee's action within one month of the closing of the accounts, the President of the High Court may be referred to the same application by co-owners representing at least 15% of the union's votes together.
"The President of the Court of Grand Instance may be seized in reference to the same request by a creditor when the subscription and supply of water or energy or work invoices, voted by the General Assembly and executed, remain unpaid for six months and if the creditor has sent the trustee a command to pay unsuccessful.
"In the cases referred to in the three preceding paragraphs, the representative of the State in the department, the mayor of the municipality where the building is located, and, if applicable, the chair of the deliberative organ of the competent public inter-communal cooperation institution in the area of housing are informed of the referral by the applicant(s).
"Art. 29-1B.-The President of the Court of Grand Instance, seized under the conditions provided for in Article 29-1A and by order on request or as in the matter of reference, may designate an ad hoc agent of which he determines the mission.
"The President of the Court of Grand Instance specifies, in his or her order, the imputation of costs between the union of co-owners and the trustee, or the sharing of costs between them, in the cases referred to in the first and second paragraphs of section 29-1A. In the case referred to in the third paragraph of the same article, the costs are borne by creditors.
"In a period of three months renewable once by decision of the president of the tribunal of large instance, the ad hoc agent shall send to the president of the tribunal of large instance a report presenting the analysis of the financial situation of the union of co-owners and the state of the building, the preconizations made to restore the financial balance of the union and, if necessary, ensure the security of the building, as well as the result of the mediation or negotiation actions carried out with
"The Registry of the High Court shall address this report to the syndic, to the union council, to the mayor of the commune where the building is located, if any, to the president of the governing body of the competent public inter-communal cooperation institution in respect of housing, and to the representative of the State in the department.
"The trustee shall include in the agenda of the next General Assembly the draft resolutions necessary for the implementation of this report. » ;
2° The last paragraph of section 29-1 is as follows:
"The decision appointing the provisional administrator shall determine the duration of his or her mission, which shall not be less than twelve months. If no report referred to in section 29-1B has been prepared in the previous year, the administrator shall, at the latest after the first six months of his or her mission, issue an interim report presenting the measures to be taken to correct the union's financial situation. The President of the Court of Grand Instance may, at any time, alter the mission of the provisional administrator, extend it or terminate the request of the provisional administrator, one or more co-owners, the representative of the State in the department, the prosecutor of the Republic or ex officio. »
After Article 8 of Act No. 65-557 of 10 July 1965 referred to above, an article 8-1 is inserted as follows:
"Art. 8-1.-The settlement of co-ownership of buildings whose building permit has been issued in accordance with a local plan of urban planning or other urban planning documents imposing the realization of parking spaces may provide for a clause assigning a priority right to co-owners on the occasion of the sale of lots exclusively for parking within the co-ownership.
"In this case, the seller must, prior to the conclusion of any sale of one or more lots for parking use, notify the trustee by registered letter with request for notice of receipt of his intention to sell, indicating the price and conditions of the sale.
"This information is transmitted without delay to each co-owner by the trustee by registered letter with request for notice of receipt at the seller's expense. It is valid for sale for a period of two months from its notification. »
Section L. 132-3 of the Construction and Housing Code is supplemented by a paragraph to read as follows:
"If the building is subject to Act No. 65-557 of 10 July 1965 establishing the status of the condominium of the built buildings, the notification to the co-owners is validly made to the union only of the co-owners taken in the person of the trustee who must promptly inform each condominium by registered letter with request for notice of receipt."
The first sentence of Article 49 of Act No. 65-557 of 10 July 1965 referred to above is as follows:
"The General Assembly shall adopt, by a majority under section 24, the modifications of the co-ownership regulations made necessary by the legislative and regulatory amendments made since its establishment."
Sections L. 615-6 and L. 615-7 of the Construction and Housing Code are replaced by sections L. 615-6 to L. 615-8 as follows:
"Art.L. 615-6.- Where, in a collective building for main purpose of housing, the owner, the real estate civil society, the trade union of co-owners, the attribution society or the cooperative society of construction is, due to serious financial difficulties or management and the importance of the work to be carried out, in the inability to ensure the conservation of the building or the security of the occupants, The referral may also be made by the representative of the State in the department, the trustee, the provisional administrator defined to the trustee, after agreement of the mayor or president of the appropriate intercommunal cooperation institution in the area of housing.Article 29-1 of Act No. 65-557 of 10 July 1965 establishing the status of condominium condominiums or condominiums representing at least 15% of the union's votes.
"The results of the expertise are notified to the owner, the union of co-owners, or, where appropriate, to the provisional administrator or the legal representative of the award company, the real estate civil society or the cooperative construction society, to the representative of the State in the department, the mayor of the commune or to the president of the competent public inter-communal cooperation institution in the area of housing.
"In the light of the findings of the expertise, the President of the Court of Grand Instance, after hearing the parties duly convened, may declare the state of deficiency of the owner, of the real estate civil society, of the syndicate of co-owners, of the attribution corporation or of the cooperative construction society.
"The order of the President of the Court of Grand Instance shall be notified to the owner, the syndicate of co-owners, the provisional administrator or the legal representative of the awarding company, the real estate civil society or the construction cooperative society, the author of the referral and the mayor of the municipality or the president of the competent inter-communal cooperation public institution in respect of habitat.
"Without knowing the address of the persons mentioned in the preceding paragraph or being able to identify them, the notice concerning them is validly made by display at the town hall of the commune or, in Paris, Marseille and Lyon, of the borough where the building is located and by display on the facade of the building.
"The order of the president of the High Court is forwarded to the representative of the State in the department.
"Art.L. 615-7.-When the state of deficiency has been declared, the expropriation of the building shall be continued for the benefit of the municipality, the public establishment of competent inter-communal cooperation in matters of habitat, an organization having a vocation to it, a concessionaire of a development operation referred to in Article L. 300-4 of the code of urbanism or a company of capital holds.
"In the light of the order of the President of the High Court that declared the state of deficiency and the conclusions of the expertise, the mayor or president of the appropriate inter-communal cooperation institution in matters of habitat is a file that he submits to the parliamentary assembly vote.
"The file presents the simplified public procurement project for either rehabilitation for habitat or other use, or the total or partial demolition of the building concerned. This includes a summary assessment of its cost as well as a rehousing plan for the occupants concerned meeting the conditions specified in sections L. 314-1 and following of the urban planning code and specifies the public community or agency for the benefit of which the expropriation is requested.
"After deliberation of the deliberative assembly, the mayor or the president of the appropriate inter-communal cooperation public institution in the field of housing puts the file presenting the simplified project of public procurement at the disposal of the public to allow it to make its observations, for a minimum period of one month, under conditions specified by the mayor's order.
"By derogation from the provisions of the Code of Expropriation because of public utility and in the light of the order of the President of the High Court, the simplified project of public procurement, the proposed relocation plan and public comments, the representative of the State in the department, by order:
" ― declares the public utility of the acquisition project and determines the list of buildings or parts of immovables, plots or real property rights to be expropriated and the identity of the owners of these real rights;
" ― declares the immovables or parts of buildings, the parcels or real property rights referred to in the preceding paragraph;
" ― indicates the public community or agency for the benefit of which expropriation is continued;
"[i] fix the amount of the provisional allowance allocated to the owner or co-owners or shareholders, as well as to the holders of commercial and professional leases, that allowance may not be less than the valuation carried out by the area service;
"– determines the date on which it may be taken possession of buildings or parts of real property, parcels or real property rights after payment or, in the event of an obstacle to payment, after the consignment of the provisional allowance. This date must be after at least two months of the public utility declaration.
"The order under this section shall be notified to persons and in the conditions referred to in the fourth and fifth paragraphs of Article L. 615-6.
"It is published in the compendium of the administrative acts of the department and posted at the town hall of the location of the building.
"In the month following the taking of possession, the representative of the State in the department is required to continue the expropriation procedure under the conditions provided by the code of expropriation for public utility.
"Art.L. 615-8.-The order of expropriation or amicable assignment granted after the intervention of the order provided for in Article L. 615-7 shall produce the effects referred to in Article L. 12-2 of the code of expropriation because of public utility.
"The terms and conditions for the transfer of ownership of real property or real property rights and the compensation of owners are subject to the provisions of the expropriation code for public utility. »
After the e of Article 26 of Act No. 65-557 of 10 July 1965 referred to above, a f is inserted as follows:
“(f) The removal of the concierge or custodial position and the alienation of the accommodation assigned to the concierge or custodian when it belongs to the union, provided that they do not affect the destination of the building or the terms and conditions of the private parts of the building. »
The national programme for the requalification of degraded old quarters aims to engage in the actions necessary for the overall re-qualification of these neighbourhoods while promoting social diversity, seeking a balance between habitat and activities and improving the energy performance of buildings.
The program concerns neighbourhoods, the list of which is set by Order-in-Council, with either a high concentration of unworthy habitat and a particularly difficult economic and social situation, or a high share of vacant degraded habitat and a significant imbalance between supply and demand for housing.
The activities of this programme may include:
– the revalorization of habitat islets degraded by the acquisition of land and its resale, naked or built;
– the rehousing of the inhabitants, with the priority objective of maintaining them in the same requalified neighbourhood;
― the production of social rental housing and accommodation spaces as well as the diversification of the real estate offer;
- rehabilitation of the existing private park;
– improving the energy performance of buildings;
– the fight against unworthy habitat;
― the development of public spaces and facilities of proximity;
- the reorganization or creation of economic and commercial activities, public services and health services;
- the social support of the inhabitants;
– the completion of preliminary studies and engineering operations necessary for its implementation.
For the period 2009-2016, the national programme provides for the rehabilitation of 60,000 private housing units, of which at least 20,000 are subject to a convention, and the production of 25,000 social rental housing units and 5,000 accommodation or transitional housing units.
A report presenting the state of progress and progress in the implementation of the national programme for the requalification of degraded former neighbourhoods is forwarded by the Government to Parliament by 1 October of each year.
I. ― After section 10 of Act No. 2003-710 of 1 August 2003 on orientation and programming for the city and urban renovation, two articles 10-1 and 10-2 are inserted as follows:
"Art. 10-1. - The National Agency for Urban Renovation contributes to the implementation of the National Program for the Requalification of Old Degraded Areas referred to in theArticle 25 of Act No. 2009-323 of 25 March 2009 mobilization for housing and the fight against exclusion, by providing financial support to the territorial authorities, relevant public institutions of inter-communal cooperation and to the public or private bodies that conduct the operations involved in the implementation of this program. To this end, it passes multi-year conventions with the recipient communities and organizations of these competitions. Its board of directors may set, depending on the amount of the financial contests or the cost of the funded transaction, thresholds below which it is not entered into a convention.
"Art. 10-2. - The multi-year conventions referred to in Article 10-1 may provide, in order to conduct the operations they understand, that the municipality or public institution of inter-communal cooperation carrying out the project creates a local requalification fund for the former gradients. This fund includes funding from project holders, local authorities, their groupings and public institutions, the National Agency for Urban Renovation, the National Habitat Agency and any other public or private organization.
"The agreement refers to the territorial authority or public institution of competent inter-communal cooperation with respect to the local housing program responsible for the accounting and financial management of the fund, as well as the investigation and processing of requests and decisions for the allocation of aids.
"The territorial community or the designated public intercommunal cooperation institution may delegate, in return for remuneration:
"—the accounting and financial management of this fund to a public institution created under section L. 321-1 or section L. 326-1 of the urban planning code;
"—the instruction and processing of requests for assistance to a private or public body.
"The modalities for the creation, management, use of the funds of this fund and the control of their management are set by decree in the Council of State. »
II. - A decree in the Council of State sets out the terms and conditions for the use of the intervention fund for services, crafts and trade for the financing of the operations planned in the districts eligible for the national programme for the requalification of the former gradients.
III. - After Article L. 321-1-1 of the Construction and Housing Code, two articles L. 321-1-2 and L. 321-1-3 are inserted as follows:
"Art. L. 321-1-2. - The National Habitat Agency contributes to the implementation of actions related to the rehabilitation of the private park, the improvement of the energy performance of buildings and the fight against unworthy habitat of the national requalification program of the former degraded neighborhoods mentioned in theArticle 25 of Act No. 2009-323 of 25 March 2009 mobilization for housing and the fight against exclusion.
"Art. L. 321-1-3. - The National Habitat Agency, the territorial authorities and their public institutions and, where appropriate, any other public or private organization may establish, by agreement, local private housing rehabilitation funds that gather their funding to conduct private housing rehabilitation operations.
"This agreement refers to the territorial community or the public institution of competent inter-communal cooperation with respect to the local housing program, responsible for the accounting and financial management of the fund, responsible for the investigation and processing of applications and for making decisions on the allocation of aids.
"The territorial community or the designated public intercommunal cooperation institution may delegate, in return for remuneration, the instruction and processing of requests for assistance to a public or private organization.
"The modalities for the creation, management and use of local funds for the rehabilitation of private housing as well as the conditions under which, by the State or on its behalf, control over the management of these funds is established by decree in the Council of State. »
IV. - Title II of Book III of the urban planning code is thus modified:
1° Article L. 321-1 is supplemented by a paragraph as follows:
"The public establishments referred to in this section may be delegated the instruction and processing of requests for assistance in the rehabilitation of private housing under the conditions set out in section L. 321-1-3 of the Construction and Housing Code, Accounting and Financial Management, and the instruction and processing of requests for assistance under the conditions provided for in section 10-2 of Act No. 2003-710 of 1 August 2003 » ;
2° At the end of the first sentence of the last paragraph of Article L. 325-1, the words: "city contract" are replaced by the words: "urban social cohesion contract or retained under the national program of requalification of degraded old quarters referred to in theArticle 25 of Act No. 2009-323 of 25 March 2009 mobilization for housing and the fight against exclusion”;
3° Article L. 326-1 is supplemented by a paragraph as follows:
"They may be delegated the instruction and processing of requests for assistance in the rehabilitation of private housing under the conditions set out in section L. 321-1-3 of the Construction and Housing Code, Accounting and Financial Management, and the instruction and processing of requests for assistance under the conditions provided for in section 10-2 of Act No. 2003-710 of 1 August 2003 for urban renewal. »
Article 199 tervicies of the General Tax Code is amended as follows:
1° After the second paragraph of I, a sub-item reads as follows:
" ― until December 31, 2015, located in an old gradient delimited in application of theArticle 25 of Act No. 2009-323 of 25 March 2009 mobilization for housing and the fight against exclusion when restoration has been declared public utility; "
2° The second paragraph of the III is supplemented by the words: " or in a former gradient delimited under section 25 of Act No. 2009-323 of March 25, 2009 referred to above when restoration was declared public utility."
I. ― Section L. 301-5-1 of the Construction and Housing Code is amended as follows:
1° The first paragraph is supplemented by a sentence as follows:
"The representative of the State in the department, having a request for the conclusion of a convention, shall notify, within three months, of his agreement or refusal, which is motivated. » ;
2° Two subparagraphs are added:
"The agreement cannot be concluded or renewed with a public institution of intercommunal cooperation where the representative of the State considers that the motivated requests for amendments referred to in the fifth and sixth paragraphs of Article L. 302-2 have not been sufficiently taken into account by the public institution of intercommunal cooperation.
"The convention may be denounced by the representative of the State when the results of the triennial performance of the local housing programme referred to in the second paragraph of Article L. 302-3 are clearly insufficient compared to the objectives defined in the convention. »
II.-Article L. 302-1 of the same code is amended as follows:
1° In the third paragraph, the words "at least six years" are replaced by the words "six years";
2° The fourth preambular paragraph reads as follows:
"These objectives and principles take into account the demographic and economic evolution, the assessment of the needs of current and future residents, the transport service, public equipment, the need to fight urban spreading and the development options defined by the territorial coherence scheme or the sector diagram when they exist, as well as the departmental plan of action for the housing of disadvantaged persons and, where appropriate, the collective agreement-1 » ;
3° The fifth preambular paragraph is deleted;
4° In the second sentence of the sixth preambular paragraph, after the word "unworthy", the words are inserted: ", in the sense of third paragraph of Article 4 of Law No. 90-449 of 31 May 1990 for the implementation of the right to housing,"
5° After the tenth preambular paragraph, a subparagraph shall read:
"– the requalification actions and operations of degraded old quarters within the meaning ofArticle 25 of Act No. 2009-323 of 25 March 2009 mobilization for housing and the fight against exclusion; »
6° After the eleventh preambular paragraph, a sub-item reads as follows:
"– the typology of housing to be built in the context of an assessment of the economic and social situation of the inhabitants and future inhabitants and its predictable evolution. This typology must include the provision of social rental housing (social rental loans and rental loans for social use) and very social (rentals helped with integration) as well as the private offer granted social and very social ANAH; » ;
7° The fourteenth preambular paragraph is replaced by five sub-items:
"The local habitat program includes a detailed action program by commune and, where applicable, by geographic area. The detailed action program indicates for each municipality or sector:
“– the number and types of housing to be realized;
“—the means, including land, to be implemented to achieve the objectives and principles set forth;
"– the forecast time frame for housing realization and the launch of community-based development operations;
"—the guidelines for the application of the b of Article L. 123-2, 15° and 16° of Article L. 123-1 and Article L. 127-1 of the urban planning code. » ;
8° The penultimate paragraph is thus written:
"A local habitat program is developed in communities of municipalities with a population of more than 30,000, including at least one community of more than 10,000 inhabitants, in communities of agglomeration and in urban communities. » ;
9° The last paragraph is as follows:
"When the boundaries of the relevant public inter-communal cooperation institutions in the area of local habitat program differ from those of the habitat basins or countries, a joint union referred to in Book VII of Part 5 of the General Code of Territorial Communities may carry out scoping studies on the habitat used as the basis for the development of the local habitat program by the public inter-communal cooperation institutions or the municipalities concerned. »
III. ― Section L. 302-2 of the same code is amended as follows:
1° The first paragraph is as follows:
"In a period of three months from the transmission of the deliberation initiating the procedure for the development of the local housing program, the representative of the State shall inform the public institution of intercommunal cooperation of all relevant information and the local objectives to be taken into account, in the territory of the public intercommunal cooperation institution, in respect of the diversity of the habitat, of the balanced distribution of the various types of housing, of renewal of the housing » ;
2° In the second paragraph, after the word: "States", the words are inserted: ", municipalities and public institutions competent in matters of a local plan of urban planning directly concerned";
3° In the third paragraph, the words: "urbanism" are replaced by the words: "local urban planning plan referred to in the previous paragraph";
4° The last paragraph is replaced by three subparagraphs as follows:
"The representative of the State, if he considers that the proposed local housing programme does not meet the objectives of a balanced and diversified distribution of the housing supply, the renewal of the housing stock and the increase in the number of housing and accommodation spaces required, shall, within one month, address prompt requests for amendments to the public institution of intercommunal cooperation, which deliberates it.
"In the event of an unfavourable opinion or reservations made by the Regional Habitat Committee on the proposed local housing programme, the State representative may, within one month of this notice, make requests for amendments to the public inter-communal cooperation institution, which deliberates it.
"The public institution adopts the local habitat program. The published deliberation approving the programme becomes enforceable two months after its transmission to the representative of the State. If, within this period, the representative of the State shall notify the President of the public inter-communal cooperation institution of the requests for amendments referred to in the two preceding paragraphs that he considers necessary to make to the programme, the local housing programme shall only become enforceable from the publication and transmission to the representative of the State of deliberation making the modifications requested. »
IV. ― Article L. 302-3 of the same code is supplemented by a paragraph as follows:
"The public inter-communal co-operation institution shall report to the representative of the State and to the regional habitat committee on the completion of the local housing programme three years after its adoption and at the end of the period referred to in the third paragraph of Article L. 302-1. »
V. ― The first paragraph of section L. 302-4 of the same code is replaced by three paragraphs as follows:
"The local habitat program may be modified by the legislative body of the public inter-communal cooperation institution provided that it is not affected by its general economy:
“(a) To be brought into conformity with the legislative and regulatory provisions on housing policy that came into force after its adoption;
“(b) To take into account changes in the demographic, economic and social context. »
VI. ― At the end of chapter II, section 1, of the preliminary title of book III of the same code, an article L. 302-4-1 is reinstated as follows:
"Art.L. 302-4-1.-Articles L. 302-1, L. 302-2, L. 302-3 and L. 302-4, with the exception of its fourth paragraph, apply to communes of more than 20,000 inhabitants who are not members of a public intercommunal cooperation institution referred to in the penultimate paragraph of Article L. 302-1. »
VII. ― In article L. 302-11 of the same code, the words "at least" are replaced by the word "of".
VIII. ― Pursuant to the penultimate paragraph of Article L. 302-1 of the Construction and Housing Code, the adoption of the Local Habitat Program shall take place no later than 13 July 2009 for communities of competent communes in respect of habitat of more than 50,000 inhabitants including a municipality of more than 15,000 inhabitants, communities of agglomeration and urban communities. This adoption takes place within two years of the date of publication of this Act for communities of municipalities with a population of between 30,000 and 50,000 and comprising a municipality of more than 10,000 inhabitants.
IX.-For municipalities referred to in Article L. 302-4-1 of the Construction and Housing Code, the adoption of the Local Habitat Program as defined in Article L. 302-1 of the same Code shall take place within two years from the date of publication of this Act.
X.-The local habitat programs that have been adopted for less than five years on the date of publication of this Act are in compliance with its provisions within one year of publication.
The urban planning code is thus modified:
1° The last paragraph of Article L. 123-1 is supplemented by a sentence as follows:
"This delay is reduced to one year to allow the implementation of one or more housing programs in a community area by the local housing program and requiring a modification of the plan. » ;
2° In article L. 123-12, after the words: "development," are inserted the words: "a local housing program";
3° The last paragraph of Article L. 123-14 is replaced by three paragraphs as follows:
“The prefect also implements the procedure provided for in the two preceding paragraphs when:
" — at the end of the three-year period referred to in the first sentence of the last paragraph of Article L. 123-1, the local plan of urban planning was not made compatible with the orientations of a territorial coherence scheme, a sector schema, a blueprint for sea development, a regional park charter or national park, an urban displacement plan or a local program;
" — at the end of the one-year period referred to in the second sentence of the last paragraph of section L. 123-1, the local urban planning plan was not made compatible with the implementation of one or more housing programs provided for by the local housing program and requiring a change in that plan. »
I. ― After the fourth paragraph of the article L. 123-1 of the urban planning code, a sub-paragraph is inserted as follows:
"When developed and approved by public inter-communal cooperation institutions that cover the entire territory, the local planning plans incorporate the provisions of the local habitat programs defined in sections L. 302-1 to L. 302-4 of the Construction and Housing Code and take place in local habitat programs. »
II.-The I is applicable to the local urban planning plans approved on the date of entry into force of this Act only after their next revision.
Where the development or revision of a local urban planning plan has been prescribed prior to the coming into force of this Act, the governing body of the competent public intercommunal cooperation institution may decide whether or not to apply it.
After the 14th of the article L. 123-1 of the urban planning code, it is inserted a 15th so written:
"15° Delimiting, in urban or urban areas, sectors in which housing programmes must include a proportion of dwellings of a minimum size that they set; "
The urban planning code is thus modified:
1° After the 14° of the article L. 123-1, it is inserted a 16° as follows:
"16° Delimiting, in urban or urban areas, sectors in which, in the event of a housing program, a percentage of this program must be allocated to housing categories that it defines in accordance with the objectives of social diversity. » ;
2° Article L. 123-2 is repealed;
3° Title III of Book II is amended as follows:
(a) The fourth and fifth paragraphs of Article L. 230-3 are deleted;
(b) In the first sentence of Article L. 230-4, the words "a to c de" are replaced by the word "to";
(c) TheArticle L. 230-4-1is repealed.
The last paragraph of section L. 327-1 of the urban planning code is replaced by two paragraphs:
"Local public development companies are in the form of an anonymous corporation governed by Book II of the Commercial Code. However, by exception to the second sentence of Article L. 225-1 of the same code, they may be composed of two or more shareholders.
"Local public development companies are subject to the provisions of Chapter IV of Title II of Book V of Part I of the General Code of Territorial Communities. »
Article L. 211-4 of the urban planning code is thus amended:
1° The word "full" is replaced by the word "majority";
2° It is added a sentence as follows:
"This paragraph does not apply to real estate civil societies comprised exclusively between parents and allies up to the fourth degree included. »
In the first paragraph of Article L. 240-1 and the third paragraph of Article L. 240-2 of the urban planning code, the words: "and section 176 of the river public domain and inland navigation code" are replaced by the words: ", in section 176 of the fluvial public domain and inland navigation code and in the last paragraph of Article L. 6147-1 of the public health code".
At 1° of article L. 111-1-2 of the urban planning code, the words: "or extension of existing constructions" are replaced by the words: ", extension of existing constructions or construction of new buildings for use in the interior of the perimeter comprising the buildings of an old farm, in accordance with local architectural traditions".
I. ― Article 1607 bis of the General Tax Code is amended as follows:
1° The second paragraph is supplemented by three sentences as follows:
"If this establishment collects the tax on the same territory as a public establishment referred to in section L. 321-1 of the same code, this limit is set at € 10 per capita for each establishment. However, the establishments concerned may, by agreement, modify this ceiling within a total ceiling of €20 per capita. If this establishment receives the tax on the same territory as a public establishment referred to in the fourth paragraph of the same section, the overall per capita ceiling is set at €20. » ;
2° The fourth paragraph of the same article reads as follows:
"Short-rent housing organizations and mixed-income companies are exempt from the special equipment tax for the residential premises and outbuildings they own and are allocated under resource conditions. Debts on whose behalf a housing tax fee is established under these premises are exempt from the special equipment tax. »
II. ― At the first sentence of the second paragraph of article 1607 ter of the same code, after the word "fixed", the words "under the same conditions as those provided for in article 1607 bis" are inserted.
I. ― In the first paragraph of the III of Article 1529 of the General Tax Code, the words: "to two-thirds of the land transfer price, as defined in Article 150 VA" are replaced by the words and a sentence so written: "at the land transfer price defined in Article 150 VA diminished the acquisition price stipulated in the acts, updated according to the last index of prices to be consumed published by the National Institute of Statistics. In the absence of reference elements, the tax is seated on two thirds of the sale price defined in the same section. »
II. I shall apply within six months of the coming into force of this Act.
I. ― After the first paragraph of the article L. 210-1 of the urban planning code, a sub-paragraph is inserted as follows:
"During the period of application of a pre-fectoral order taken on the basis of Article L. 302-9-1 of the code of construction and housing, the right of pre-emption is exercised by the representative of the State in the department when the alienation carries on a land, built or not built, assigned to the housing or intended to be assigned to an operation having been the subject of the agreement provided for in Article L. 302 The representative of the State may delegate this right to a public land establishment created pursuant to Article L. 321-1 of this Code, to a mixed economy corporation or to one of the moderately rented housing organizations provided for in Article L. 411-2 of the Construction and Housing Code. Assets acquired by exercise of the right of pre-emption pursuant to this paragraph shall be used for the purpose of carrying out development or construction operations to achieve the objectives set out in the local habitat program or determined under the first paragraph of Article L. 302-8 of the same code. »
II. ― The f of section L. 213-1 of the urban planning code is repealed.
III. ― The third paragraph of Article L. 211-1 of the same code is supplemented by a sentence as follows:
"However, in the case provided for in the second paragraph of Article L. 210-1, the right of pre-emption may be instituted or restored by order of the representative of the State in the department. »
I. ― The urban planning code is thus modified:
1° In the last paragraph of Article L. 123-1-1, the words "of this article" are replaced by the words "who precedes";
2° Article L. 123-1-1 is supplemented by three paragraphs as follows:
"The municipal council or the deliberative body of the competent public inter-communal cooperation institution in the area of urban planning may, by reason of deliberation, determine areas located in the urban areas delimited by a local plan of urban planning or a urban planning document taking place, in which a exceedance of the rules relating to the gauge, the height, the right to the ground and the coefficient of land Deliberation sets out this overtaking for each sector, which cannot exceed 20% for each of the relevant rules. In the absence of a coefficient of occupancy of soils, the application of the overtaking so authorized cannot lead to the creation of a more than 20% more living space on the existing living area. The draft deliberation including the statement of reasons is brought to the public to allow it to make comments for a period of one month prior to the convocation of the deliberative assembly.
"The sixth paragraph is not applicable in zones A, B and C of the noise exposure plans referred to in Article L. 147-4 of this code and in the areas referred to in 1° and 2° of II of Article L. 562-1 of the Environmental Code.
"Its application is exclusive to that of articles L. 127-1 and L. 128-1 of this code. » ;
3° In the second sentence of Article L. 123-12-1, after the word: "opportunity", the words are inserted: "an application of the provisions set out in the sixth paragraph of Article L. 123-1-1,".
II.-Article L. 127-1 of the same code is as follows:
"Art.L. 127-1.-The municipal council or the deliberative organ of the public institution of competent intercommunal cooperation in matters of local plan of urban planning may, by reason of deliberation, subject to not impair the general economy of the plan of occupancy of the soils or of the project of development and sustainable development of the local plan of urbanism, delimit sectors within which the realization of housing programmes Deliberation sets this mark for each sector, which cannot exceed 50%. For each operation, it cannot exceed the ratio between the number of social rental housing units and the total number of housing units in the operation. The draft deliberation including the statement of reasons is brought to the public to allow it to make comments for a period of one month prior to the convocation of the deliberative assembly.
"The portion of the overtaking construction is not subject to the payment resulting from the overtaking of the legal density ceiling. »
III.-Larticle L. 127-2 of the same codeis repealed.
IV.-After article L. 128-2 of the same code, an article L. 128-3 is inserted as follows:
"Art.L. 128-3.-The combined application of sections L. 127-1 and L. 128-1 shall not result in a greater extent to the coefficient of occupancy of the soils or a exceedance of the limits resulting from the rules relating to the gauge, height and right-of-way above 50%. »
V.-The deliberations on the basis of theArticle L. 127-1 of the urban planning code in its earlier drafting of this article shall remain applicable.
I. ― After article L. 147-4 of the urban planning code, an article L. 147-4-1 is inserted as follows:
"Art.L. 147-4-1.-A effective February 20, 2009, the aerodrome noise exposure plan, the number of associated time slots subject to regulatory limitation on all of the opening hours, includes only areas A and B.
"However, within the perimeter defined by Area C before 20 February 2009, the 1°, 2° and 5° of Article L. 147-5 remain applicable. »
II.-After the 5th of Article L. 147-5 of the same code, it is inserted a paragraph as follows:
"For aerodromes whose number of attributable niches is subject to regulatory limitation on all opening hours, an increase in the capacity of housing and population within these sectors is permitted within a limit defined in the act of creation of these sectors or in a modified decision taken in the same forms. »
I. ― The I of Article 1 of Act No. 2006-872 of 13 July 2006 on National Housing Commitment is amended as follows:
1° In the first paragraph, the words: "owned by the State or its public institutions or disposed of by them" are replaced by the words: "owned by the State, its public institutions, companies of which it holds the majority of the capital or disposed of by them";
2° In the first sentence of the second paragraph, after the word: "perimeters", the words are inserted: ", which may include buildings belonging to other public or private persons where they are indispensable for the realization of the operation."
II.-To the g of Article L. 213-1 of the urban planning code, the words "or its public institutions" are replaced by the words ", its public institutions or companies of which it holds the majority of the capital".
III.-Article L. 300-6 of the same code is amended as follows:
1° The first sentence is amended to read:
(a) The words: "as well as public development institutions created under Article L. 321-1" are deleted;
(b) The words are added: "or the realization of a construction program";
2° In the second sentence, the words: "a region or a public development institution" are replaced by the words "or region".
I. ― After the article L. 332-11-2 of the urban planning code, two articles L. 332-11-3 and L. 332-11-4 are inserted as follows:
"Art.L. 332-11-3. -In urban areas and areas to be urbanized delimited by local plans of urban planning or urban planning documents, taking place, where one or more development or construction operations require the realization of equipment other than the own equipment mentioned in article L. 332-15, the landowners, the landowners or the builders and the manufacturer(s) may conclude with the competent municipality or public institution in
"This agreement can only charge landowners, movers or builders the cost of public equipment to be realized to meet the needs of future residents or users of the constructions to be built within the scope set by the convention or, where the capacity of the equipment programmed exceeds these needs, the fraction of the cost proportionate to them.
"The agreement sets the payment deadlines. Participation may be paid in the form of financial contributions or contributions of built or unbuilt land.
"Art.L. 332-11-4. -In municipalities where the local capital tax has been instituted, constructions constructed within the scope of a convention under section L. 332-11-3 are excluded from the scope of this tax for a period specified by the agreement, which may not exceed ten years. »
II.-The same code is amended as follows:
1° In the third paragraph of Article L. 311-4, after the word: "coordinated" are inserted the words: ", urban project conventions partenarial";
2° The 1° and 2° of Article L. 332-6 are supplemented by the words "or in the perimeters fixed by the conventions referred to in Article L. 332-11-3";
3° In the first paragraph of Article L. 332-10, after the word: "fields" are inserted the words "built or not built";
4° In the fifth paragraph of Article L. 332-11-1, after the reference: "L. 311-1", the words ", of a Partienarial urban project agreement concluded under Article L. 332-11-3" are inserted;
5° In c of article L. 332-12, after the reference: "L. 332-9", the words "or article L. 332-11-3" are inserted;
6° In the first sentence of the article L. 332-29, after the word: "coordinated" are inserted the words: "or suburban urban projects";
7° In the first sentence of the second paragraph of Article L. 332-30, after the word: "coordinated" are inserted the words: "or in an area covered by a suburban urban project convention".
III.-The construction and housing code is amended as follows:
1° Article L. 421-2 is supplemented by a 4° as follows:
« 4° Shares or shares in companies that can carry out development operations or conclude a partenarial urban project agreement; this participation is subject to the agreement of its community of association and the representative of the State in the department of the place of operation or project. » ;
2° After the fourteenth preambular paragraph of Article L. 422-2, it is inserted a paragraph as follows:
"to subscribe to or acquire shares or shares in companies that can carry out development operations or conclude a partnership urban project agreement; this participation is subject to the agreement of the representative of the State in the department of the place of the operation or the project. » ;
3° After the thirteenth preambular paragraph of Article L. 422-3, it is inserted an 11° as follows:
« 11° To subscribe to or acquire shares or shares in companies that can carry out development operations or enter into a partnership urban project agreement; this participation is subject to the agreement of the representative of the State in the department of the place of the operation or the project. »
After the fourth paragraph of article L. 123-5 of the urban planning code, it is inserted a paragraph as follows:
"The competent authority to issue the building permit may, under conditions defined by decree in the Council of State, grant exemptions to one or more rules of the local plan of urban planning or the urban planning document, taking place to authorize work necessary for the accessibility of persons with disabilities to existing housing. »
Article L. 422-2 of the urban planning code is read as follows:
“(a) The works, constructions and installations carried out on behalf of foreign states or international organizations, the State, its public institutions and concessionaires; "
Section 14 of Act No. 2003-710 of 1 August 2003 on orientation and programming for the city and urban renewal is amended as follows:
1° In the first sentence of the first paragraph, after the word: "existing", the words are inserted: "and existing structures that are accommodation structures, transitional settlements or dwellings, housing housing or hotel residences with a social vocation";
2° After the first preambular paragraph, a sub-item reads as follows:
"In addition, the National Agency for Urban Renovation may finance the construction, acquisition or rehabilitation of accommodation, transitional establishments or housing, housing housing or socially-oriented hotel residences, for the operations identified in the national program for the requalification of old-degraded neighbourhoods referred to in the National Program for the Requalification of Old-Degraded Areas referred to in theArticle 25 of Act No. 2009-323 of 25 March 2009 referred to above. »
Section 1391 E of the General Tax Code is supplemented by a paragraph to read as follows:
"When the imputation of expenses cannot be carried out in its entirety on the contributions of the immovable property in question, the balance of deductible expenses shall be charged on the contributions to immovable property in the same municipality or in other municipalities under the same tax service on behalf of the same lessor and for the same year. »
I. ― The h of the 1st of Article 31 of the General Tax Code is supplemented by a paragraph as follows:
"This h applies to dwellings in municipalities classified in geographic areas characterized by an imbalance between supply and demand for housing. A budget and housing ministerial order, revised at least every three years, sets out the classification of municipalities by area. »
II.-The I applies to acquisitions and constructions of dwellings that have been the subject of an application for a building permit from the day after the date of publication of the order under the same I.
III.-The second sentence of the second paragraph of the 1st paragraph of Article 31 of the General Code of Taxes is supplemented by the words: "when the work of altering the premises or of rehabilitating the housing was the subject of the declaration of opening of work before December 31, 2009".
In the second paragraph of the 1st paragraph of Article 31 of the General Tax Code, the rate: "45%" is replaced by the rate: "60%".
The m of the 1st of the I of Article 31 of the General Tax Code is thus modified:
1° After the word "lease", the end of the first paragraph is thus written: "if these accommodations are subject to a convention referred to in Article L. 321-4 of the Construction and Housing Code. This deduction is made from the effective date of the agreement and for the duration of its application. » ;
2° After the word: "household", the end of the second paragraph is thus written: "when these dwellings are the subject of a convention referred to in Article L. 321-8 of the same code. This deduction is made from the effective date of the agreement and for the duration of its application. » ;
3° After the second paragraph, two sub-items are inserted:
"A decree specifies the modalities for taking effect of these conventions.
"When, at the end of any of the conventions referred to in Article L. 321-4 or L. 321-8 of the Construction and Housing Code, including after a triennial period of extension, the lease contract concerned is valid in accordance with Article 10 of Act No. 89-462 of 6 July 1989 to improve the rental relationship and amending Act No. 86-1290 of » ;
4° After the fifth preambular paragraph, a sub-item reads as follows:
"For leases concluded from the coming into force of the Act No. 2009-323 of 25 March 2009 for the mobilization of housing and the fight against exclusion, this deduction is increased to 70% of the gross income of the dwellings given for rent as part of a convention referred to in Articles L. 321-4 or L. 321-8 of the Construction and Housing Code, when the accommodation is rented to a public or private organization, or for the purpose of its sub-location, furnished or not, to persons mentioned in the II of the article. This deduction applies during the period of rental to the organization. It applies to housing units located in municipalities classified in geographic areas characterized by an imbalance between supply and demand for housing defined by order. »
Within a period of one year after the publication of this Act, State services establish a housing map under the tax regime provided for at the h of the 1° of Article 31 of the General Tax Code. They address the elements of this balance sheet and, where appropriate, the balance sheet of controls carried out under theArticle L. 353-11 of the Construction and Housing Code public institutions mentioned in theArticle L. 302-1 of the same code for municipalities that concern them.
I. ― The 3 octies of the I of Article 278 sexies of the General Tax Code are supplemented by a paragraph thus written:
"The reduced rate of 5, 5% also applies, under conditions fixed by decree, to the sale or construction of new dwellings to be assigned to the main dwelling of natural persons if these persons first access to the property within the meaning of section 244 quater J, if they receive assistance to the social accession to the property attributed by one or more territorial authorities or a group In the same construction program or for the same manufacturer and for equivalent characteristics, the non-tax sale or construction price of new dwellings referred to in this paragraph may not exceed that of dwellings for which the reduced rate of 5% does not apply. »
II.-Le II de l'article 284 du même code est ainsi modifié :
1° In the first sentence, after the reference: "5", the reference is inserted: ", 6";
2° The last sentence is supplemented by the words: ", or dwellings mentioned in the second paragraph of the 3 octies of the I of article 278 sexies";
3° It is added a paragraph to read:
"For the transactions referred to in 2 of 2 of 2 of 278 sexies with respect to the only operations referred to in the tenth and fifteenth paragraphs of 1 of 7 of 257 and to 3 ter, 3 octies, 6 and 7 of I of 278 sexies, the additional tax due is reduced by one tenth per year of detention beyond the fifth year. »
III.-The sale or construction price of the dwellings referred to in 3 octies and 6 of I of Article 278 sexies of the General Tax Code cannot exceed the limits provided for in the operations mentioned in 3 ter of the same I.
IV.-The III is applicable to housing that has been the subject of an application for a building permit from the day after the date of publication of this Act.
V.-Article L. 3211-7 of the General Code of Public Ownership is supplemented by a paragraph as follows:
"—new dwellings intended to be allocated to the principal habit of natural persons, if they acquire the land on a deferred basis or if they receive a deferred repayment loan, under the conditions referred to in 3 Oct. I of section 278 sexies of the general tax code or, if these persons are holders of lease-accession contracts under the conditions referred to in 3 ter of the same I."
VI.-I and II shall apply to the transactions undertaken, as defined by decree, from the date of publication of this Act and until 31 December 2010.
VII.-Au V of Article 33 of Law No. 2007-1824 of 25 December 2007 for 2007, the year: "2009" is replaced by the year: "2010".
At 6 of the I of Article 278 sexies of the General Tax Code, after the words: "whose resources" are inserted the words: ", at the date of signature of the preliminary contract or contract or, if not, on the date of the sale contract or the contract intended for the construction of the housing".
In the first sentence of the first paragraph of Article 21 of Act No. 89-462 of 6 July 1989, which aims to improve rental reports and amends Act No. 86-1290 of 23 December 1986, the word "return" is replaced by the word "transmitte".
At the beginning of article 22-1 of Act No. 89-462 of 6 July 1989 referred to above, four paragraphs are added:
"The bail cannot be requested by a lessor who has subscribed an insurance guaranteeing the tenant's rental obligations.
"If the lessor is a legal entity other than a civil society constituted exclusively between parents and allies up to the fourth degree included, the bonding may only be requested:
"if it is brought by one of the bodies whose list is fixed by decree in the Council of State;
" — or if the accommodation is rented to a student who does not receive a higher education grant. »
At the penultimate paragraph of section 22-2 of Act No. 89-462 of 6 July 1989 referred to above, the words "of two" are replaced by the words "of one".
I. ― In the first paragraph of section L. 613-1 of the Construction and Housing Code, the words "exceeding one year" are deleted.
II.-In the first sentence of Article L. 613-2 of the same code, the word "three" is replaced twice by the word "one".
The 1st of Article 1719 of the Civil Code is supplemented by a sentence as follows:
"When rented premises are unfit for this purpose, the lessor cannot avail itself of the nullity of the lease or its termination to request the expulsion of the occupant. »
A la First sentence of the ninth paragraph of Article 4 of Law No. 90-449 of 31 May 1990 In order to implement the right to housing, the words "can be established" are replaced by the word "instaure".
The second paragraph of Article 24 of Act No. 89-462 of 6 July 1989 referred to above is supplemented by a sentence as follows:
"The seized services or organizations conduct a financial and social investigation in which the tenant and the lessor are able to present their observations; where appropriate, the written comments of the interested parties are attached to the investigation. »
I. ― The building and housing code is thus modified:
1° After L. 442-3, two articles L. 442-3-1 and L. 442-3-2 are inserted as follows:
"Art.L. 442-3-1.-In the event of underoccupancy of the dwelling as defined in section L. 621-2, the lessor proposes to the lessee a new accommodation corresponding to its needs, notwithstanding the resource limits provided for in section L. 441-1.
"The main rent of the new housing must be less than that of the original housing.
"The conditions for mobility assistance provided by the lessor are defined by decree.
"In dwellings located in the territories defined in 7° of Article 10 of Law No. 48-1360 of 1 September 1948 Amending and codifying the legislation relating to the reports of the tenants or occupants of residential or commercial premises and establishing housing allowances, the tenant having refused three offers of rehousing, made by the lessee pursuant to the first paragraph of this article and complying with the conditions set out in article 13 bis of the same law no longer enjoys the right to maintenance in the premises.
"The preceding paragraph is not applicable to tenants over the age of sixty-five years, to tenants with a disability as defined in section L. 114 of the Code of Social Action and to their families or to a person with such a disability and, under the terms defined by decree, to tenants with a loss of physical or mental autonomy, or with the responsibility of a person with such loss of autonomy. It also does not apply to housing in sensitive urban areas defined in 3 of Article 42 of Law No. 95-115 of 4 February 1995 orientation for the development and development of the territory.
"Art.L. 442-3-2.- Notwithstanding the resource ceilings provided for in Article L. 441-1, the lessor proposes a new accommodation to the lessee of a housing suitable for persons with disabilities within the meaning of Article L. 114 of the Code of Social Action and families as long as the occupants with such a disability no longer occupy the accommodation.
"The main rent of the new housing must be less than that of the original housing.
"The conditions for mobility assistance provided by the lessor are defined by decree.
"The tenant who refused three offers of relocation made by the lessor under the first paragraph and meeting the conditions set out in theArticle 13 bis of Act No. 48-1360 of 1 September 1948 referred to above no longer enjoys the right to maintain in the premises.On the expiration of a period of six months from the notification of the third relocation offer, the tenant is dropped from any title of occupation of the leased premises. The period is extended to eighteen months in the event of the death of a disabled person at the expense of the tenant.
"The previous paragraph is not applicable to tenants over the age of sixty-five years. » ;
2° After article L. 442-3, an article L. 442-3-3 is inserted as follows:
"Art.L. 442-3-3.-I. ― In social rental dwellings belonging to the rent-based organizations moderated or managed by them and located in geographical areas defined by decree in the Council of State characterized by a significant imbalance between supply and demand for housing, tenants whose resources, in view of the results of the investigation referred to in Article L. 441-9, are, two consecutive years, at least two times more than the allocation of resources
"As soon as the results of the investigation indicate, for the second year in a row, a double of these ceilings, the lessor shall inform the lessees without delay.
"Six months before the end of this three-year period, the lessor notifies by registered letter with a request for notice of receipt or means by act of bail the date on which the leased premises must be free of any occupation.At the end of this period, the tenants are dropped from any title of occupation of the leased premises.
“II. If, during the three-year period referred to in I, tenants justify that their resources have become less than the resource limits for the allocation of this accommodation, they are again entitled to the right to maintain in the premises.
"III. - I is not applicable to tenants who, the year following the results of the survey, indicating, for the second year in a row, a double of the resource ceilings, reach their sixty-fifth anniversary and to tenants with a disability within the meaning of Article L. 114 of the Code of Social Action and of Families or dependant on a person with such a disability. It also does not apply [Statements declared not in conformity with the Constitution by the Constitutional Council decision No. 2009-578 DC of 18 March 2009] housing in sensitive urban areas defined in 3 of section 42 of Act No. 95-115 of 4 February 1995 for the development and development of the territory. » ;
3° Article L. 442-4 is as follows:
"Art.L. 442-4.- Moderate rent housing organizations may, by deliberation of their board of directors or supervisory boards, make applicable section L. 442-3-3 to social rental housing units that are not located in the geographic areas mentioned in the same section. » ;
4° After the article L. 442-5, an article L. 442-5-1 is inserted as follows:
"Art.L. 442-5-1.-Where the investigation referred to in section L. 441-9 indicates that a tenant is subject to the surcharge of solidarity rent referred to in section L. 441-3 or that the dwelling is under occupation as defined in section L. 621-2, the lessor proceeds with the lessee to a review of his or her situation and the possibilities for evolution of his or her residence.
"The lessor informs the lessee of the various possibilities of acquiring the property to which he can claim. » ;
5° The third of Article L. 353-15 is as follows:
"III. ― In the event of an authorization to demolish referred to in section L. 443-15-1 or demolition provided for by a convention referred to in theArticle 10 of Act No. 2003-710 of 1 August 2003 of orientation and programming for the city and urban renewal, the tenant having refused three offers of rehousing respecting the conditions set out in article 13 bis of Act No. 48-1360 of 1 September 1948 referred to above, no longer has the right to maintain in the premises. However, this condition is not required of the lessor who demonstrates that a dwelling, meeting the conditions of the same article 13 bis, has been specially designed for the relocation of the lessee.On the expiration of a period of six months after the notification of the third relocation offer, the lessee is dropped from any occupation of the leased premises.
"The premises thus made available cannot be reoccupied before the work begins. » ;
6° The second of Article L. 442-6 is as follows:
“II. ― In the event of an authorization to demolish referred to in Article L. 443-15-1 or demolition provided for in a convention referred to in Article 10 of Law No. 2003-710 of 1 August 2003 of orientation and programming for the city and urban renewal, the tenant having refused three offers of relocation in accordance with the conditions provided for in Article 13 bis of Law No. 48-1360 of 1 September 1948 referred to above right shall not be granted. However, this condition is not required of the lessor who demonstrates that a dwelling, meeting the conditions of the same article 13 bis, has been specially designed for the relocation of the lessee.On the expiration of a period of six months after the notification of the third relocation offer, the lessee is dropped from any occupation of the leased premises.
"The premises thus made available cannot be reoccupied before the work begins. » ;
7° Articles L. 442-8 and L. 442-8-1 are as follows:
"Art.L. 442-8.-In all buildings intended for rent and financed by means of credits provided for in Book III, it is forbidden to rent in furnished or under-leave accommodation, whether furnished or not, in any form, under penalty of a fine of €9,000.
"The first paragraph is not applicable to residential homes referred to in Article L. 633-1.
"Art.L. 442-8-1.-I. ― By derogation from Article L. 442-8, the organizations referred to in Article L. 411-2 may rent, whether furnished or not, accommodations:
"to organizations that are accredited in respect of rental intermediation and social rental management under Article L. 365-4;
"—to organizations declared to be intended to sublegate them on a temporary basis to older persons, persons with disabilities within the meaning of Article L. 114 of the Social Action Code and families or persons under 30 years of age;
"—at regional centres of academic and academic works referred to in Article L. 822-3 of the Code of Education intended to sublegate them to students;
" ― to legal persons of public or private law referred to in Article L. 444-1 of the Code of Social Action and of Families with a view to sub-leave them to family homeowners referred to in Article L. 441-1 of the same Code, as well as to the elderly or persons with disabilities within the meaning of Article L. 114 of the same Code having entered into a contract of reception with those welcoming;
"at communal or inter-communal centres of social action, within the framework of their competences defined in chapter III, section 2, of title II of Book I of the same code, with a view to sub-leaving them temporarily to natural persons;
"– to communal or intercommunal social action centres or registered associations whose purpose is to sub-leave them furnished, for a period not exceeding six months, to workers whose employment is seasonal in nature as mentioned in 3° of Article L. 1242-2 of the Labour Code ;
"—to public institutions of inter-communal cooperation with the competence to assist the elderly.
“II. - By derogation from section L. 442-8, tenants of the organizations referred to in section L. 411-2 may, after information from the lessor agency, sub-lease:
"a portion of their accommodation to persons over sixty years of age or to adults with disabilities within the meaning of Article L. 114 of the Social Action Code and families with whom they have entered into a contract in accordance with Article L. 442-1 of the same Code;
"– for a renewable year, a portion of their accommodation to persons under the age of 30.
"The cost of the sub-leave main room(s) is calculated on the prorated basis of rent and charges reported on the living space of the housing.
"III. ― may be required in addition to the amount of individual services, taxes and supplies and all taxes and taxes collected on the occasion of the furnished rentals. » ;
8° Section L. 442-8-2 is amended as follows:
(a) The fourth preambular paragraph is replaced by two sub-items:
"Sections L. 442-1 to L. 442-5, the provisions relating to the level of resources provided for in Article L. 441-1 and Chapters I and VI of Title I of Act No. 48-1360 of 1 September 1948 referred to above are applicable to the contracts for the sub-location of rented dwellings under the conditions referred to in I of Article L. 442-8-1, with the exception of its pre-last clause, during the lease period The sub-locataries signatories to these contracts shall lose the right to maintenance in the premises from the refusal of a final offer of rehousing corresponding to their needs and opportunities or, in the event of termination or termination of the principal lease contract between the lessor and the lessee, at the end of their sub-location contract.
"The sub-locataries referred to in Article L. 442-8-1 that no longer meet the conditions to be accommodated by tenant legal persons lose the right to maintain in the premises, these conditions to be specified in the lease agreement. » ;
(b) The fifth, sixth and last paragraphs are deleted;
9° Article L. 442-8-4 is as follows:
"Art.L. 442-8-4.-By derogation from Article L. 442-8 and notwithstanding the resource limits provided for in Article L. 441-1, organizations referred to in Article L. 411-2 may rent furnished or unfurnished accommodations to one or more students, persons under the age of 30 or persons with a contract of apprenticeship or professionalization. These tenants do not enjoy the right to maintenance in the premises. The rental contract has a duration of one year. However, it can be renewed under conditions defined by decree in the Council of State.
"In the event of renting a single unit to several persons, a single lease agreement is signed by all roommates who consent to a solidarity clause in this contract.
"Every change in roommate is subject to prior authorization from the lessor and to information from the assignment board referred to in section L. 441-2.
"The number of dwellings that can be allocated under the conditions set out in the preceding paragraphs is referred to in the social utility agreement provided for in Article L. 445-1.In the absence of such a convention, the lessor fixes this number after the agreement of the State representative in the department and consultation of public intercommunal cooperation institutions with a local program of the adopted habitat. This notice is deemed favourable if it has not been given within two months.
"These accommodations are attributed by the allocation board referred to in Article L. 441-2. » ;
10° Section L. 353-20 is amended as follows:
(a) In the first paragraph, after the words: "can rent", are inserted the words: ", furnished or not";
(b) After the reference: "L. 351-2", the end of the first paragraph is as follows: "to the legal persons referred to in I of Article L. 442-8-1. » ;
(c) In the seventh paragraph, the words: "Community Centres of Social Action and the organizations and associations mentioned in the first paragraph" are replaced by the words: "legal persons referred to in I";
(d) The penultimate paragraph is deleted;
11° Article L. 353-21 is as follows:
"Art.L. 353-21.-Section L. 442-8-4 is applicable to organizations referred to in Article L. 411-2, to mixed economic societies and to regional centres of academic and academic works.
"The tenants who no longer meet the conditions to be housed in these furnished apartments no longer enjoy the right to maintain in the premises. These conditions are specified by the rental contract. The rental contract has a renewable year.
"Can be required in addition to the amount of individual services, taxes and supplies and all taxes and taxes collected on the occasion of the furnished rentals. » ;
12° After the article L. 442-11, an article L. 442-12 is inserted as follows:
"Art.L. 442-12.-They are considered persons living in the home under articles L. 441-1, L. 441-4 and L. 445-4:
“– the lease holder(s);
"—the persons on the notices of taxation of the holder(s) of the lease;
“– the notorious concubin of the lease holder;
“–the partner bound by a civil pact of solidarity to the holder of the lease;
"and dependants as defined in sections 194, 196, 196 A bis and 196 B of the General Tax Code. »
II.-Act No. 48-1360 of 1 September 1948 amending and coding the legislation relating to the relations of the lenders and tenants or occupants of residential or commercial premises and establishing housing allowances is thus amended:
1° In the first sentence of the 7th of Article 10, the words: "in Paris, within a radius of 50 kilometers of the site of the old fortifications of Paris and in the communes whose population is equal to or greater than 10,000 inhabitants" are replaced by the words: "in the communes included, in the sense of the general population census, in an agglomeration of more than 50,000 inhabitants and comprising at least one municipality of more than 15,000-2
2° In the first sentence of the first paragraph of Article 13 bis, the words: "to be in good condition of residence, to fulfil the normal hygiene conditions" are replaced by the words: "to satisfy the characteristics defined under the first and second paragraphs of Article 6 of Act No. 89-462 of 6 July 1989, to improve rental relations and amend Act No. 86-1290 of 23 December 1986";
3° In the third paragraph of Article 19 and the seventh paragraph of Article 20, the words: "according to local uses and" are deleted.
III.-Article 40 of Act No. 89-462 of 6 July 1989 referred to above is amended as follows:
1° I is thus modified:
(a) The second sentence of the first paragraph is deleted;
(b) After the first preambular paragraph, a sub-item reads as follows:
"Article 14 is applicable to them provided that the beneficiary of the transfer or continuation of the contract meets the terms and conditions of attribution and that the accommodation is adapted to the size of the household. These two conditions are not required for the spouse, the partner linked to the tenant by a civil pact of solidarity or the notorious concubin and, when they have been living with the tenant for more than a year, the ascendants, persons with disabilities within the meaning of Article L. 114 of the code of social action and families and persons over sixty-five years of age. » ;
(c) At the beginning of the second paragraph, the word "However," is deleted;
2° The III is thus amended:
(a) The second and third paragraphs are thus drafted:
"Article 14 is applicable to them provided that the beneficiary of the transfer or continuation of the contract meets the terms and conditions of attribution and that the accommodation is adapted to the size of the household. These two conditions are not required for the spouse, the partner linked to the tenant by a civil pact of solidarity or the notorious concubin and, when they have been living with the tenant for more than a year, the ascendants, persons with disabilities within the meaning of Article L. 114 of the code of social action and families and persons over sixty-five years of age.
"The second and third paragraphs of Article 15 I apply to them when leave comes from the tenant. » ;
(b) At the beginning of the last paragraph, the words "In addition" are deleted.
IV.-This section is applicable to existing contracts.
As of the publication of this Act, the contract between a lessor and a lessee includes a clause providing for the application of sections L. 442-3-1 to L. 442-4 of the Construction and Housing Code.
V.-The conditions of application of this article are defined by decree in the Council of State.
I. - Article L. 441-4 of the Construction and Housing Code is amended as follows:
1° After the first preambular paragraph, a sub-item reads as follows:
"This amount is capped when, combined with the amount of the main rent, it exceeds, per square meter of living space, a ceiling fixed by decree. » ;
2° In the first sentence of the second paragraph, after the word "is", the word "also".
II. - I applies on the first day of the third month following the date of publication of this Act.
Part II of Article 10-1 of Act No. 75-1351 of 31 December 1975 on the protection of occupants of residential premises is supplemented by a paragraph as follows:
"They are not applicable to the assignment of buildings to an organization referred to in Article L. 411-2 of the Construction and Housing Code, nor, for dwellings subject to agreements entered into under Article L. 351-2 of the same Code, for the assignment of buildings to a mixed economy corporation referred to in Article L. 481-1 of the same Code."
I. ― The building and housing code is thus modified:
1° After the article L. 472-1-7, an article L. 472-1-8 is inserted as follows:
"Art.L. 472-1-8.-In the event of an authorization to demolish referred to in Article L. 443-15-1 or demolition provided for in a convention referred to inArticle 10 of Act No. 2003-710 of 1 August 2003 orientation and programming for the city and urban renewal, the lessor may give leave to the lessee having refused three relocation offers respecting the conditions provided for in theArticle 13 bis of Act No. 48-1360 of 1 September 1948 amending and codifying the legislation relating to the reports of donors and tenants or occupants of residential or commercial premises. However, this condition is not required by the lessor to demonstrate that a dwelling, meeting the conditions of the same article 13 bis, was specially designed for the relocation of the lessee. The applicable notice period shall be six months.On the expiry of the notice period, the tenant shall be deprived of any title of occupancy of the leased premises. » ;
2° The title VIII of Book IV is as follows:
“ITTRE VIII
" PARTICULAR PROVISIONS TO ECONOMIC SOCIETIES MIXTE OF CONSTRUCTION AND MANAGEMENT OF SOCIAL WORLD
“Chapter I
“General provisions
"Art.L. 481-1.- Mixed economy societies benefit from tax exemptions and State-specific aids under the general service defined in Article L. 411-2.
"Article L. 411-9 is applicable to them [Dispositions resulting from Constitutional Council decision No. 2009-578 DC of 18 March 2009] for rental housing and housing-foyers owned and operated under the conditions defined in Article L. 351-2 or, in overseas departments, built, acquired or improved with the financial assistance of the State.
"These companies are subject to administration control under the conditions set out in sections L. 451-1, L. 451-2 and L. 451-2-1. They are subject to specific accounting obligations established by the Accounting Regulatory Committee. Their activities of general interest referred to in the first paragraph are subject to separate accounting.
"Art.L. 481-2.-I. ― Chapters I and V of title IV of this book, Articles L. 442-5, L. 442-5-1 and L. 442-8 to L. 442-8-4, with the exception of the first sentence of the fourth paragraph of Article L. 442-8-2, are applicable to mixed economy societies for housing subject to conventions governed by Chapter III of Title V of Book III.
“II. ― Section 1 bis of Chapter III of Title IV of this book is applicable to joint economic societies for housing subject to conventions governed by Chapter III of Title V of Book III.
"By derogation from Article L. 443-6-3, the joint economy company, associated-manager, manages the buildings and assigns the dwellings concerned in accordance with the provisions of the conventions referred to in the first paragraph of this II.
"A decree in the Council of State determines the conditions of application of this II.
"Art.L. 481-3.-In the event of an authorization to demolish referred to in Article L. 443-15-1 or demolition provided for in a convention referred to in Article 10 of Law No. 2003-710 of 1 August 2003 of orientation and programming for the city and urban renewal, the lessee may give leave to the lessee having refused three offers of relocation respecting the conditions set out in Article 1360 1 However, this condition is not required by the lessor to demonstrate that a dwelling, meeting the conditions of the same article 13 bis, was specially designed for the relocation of the lessee. The applicable notice period shall be six months.On the expiry of the notice period, the tenant shall be deprived of any title of occupancy of the leased premises.
"Art.L. 481-4.-The contracts entered into by the mixed economy companies engaged in the construction or management of social housing are subject to the provisions of theOrder No. 2005-649 of 6 June 2005 relating to procurement by certain public or private individuals not subject to the public procurement code.
"Art.L. 481-5.-Articles L. 482-1 to L. 482-4 apply to rental dwellings owned or managed by or owned by or under the conditions defined in Article L. 351-2 or, in overseas departments, constructed, acquired or improved with the financial assistance of the State.
"Art.L. 481-6.-The boards of directors of joint economic societies managing social housing include representatives of their tenants who have an advisory voice.
"The representatives of the tenants are elected on lists of candidates nominated by associations working in the field of social housing.
"These associations must be independent of any political party or philosophical, denominational, ethnic or racial organization and not pursue collective interests that would contradict the social housing objectives set out in this Code.
"A decree in the Council of State shall determine, as appropriate, the conditions for the application of this article.
"Art.L. 481-7.-When they manage housing belonging to the State, a territorial community or a group of territorial authorities, to housing organizations with moderate rent, to non-profit organizations, to the registered association referred to in Article L. 313-34 or to civil property companies whose shares are held at least 99% by that association,
“Chapter II
" Provisions concerning the mobility of tenants
"Art.L. 482-1.-In the event of underoccupancy of the dwelling as defined in section L. 621-2, the lessor proposes to the lessee a new accommodation corresponding to its needs, notwithstanding the resource limits provided for in section L. 441-1.
"The rent of the new housing must be less than the rent of origin.
"The conditions for mobility assistance provided by the lessor are defined by decree.
"In the dwellings located on the territories defined at the 7th of Article 10 of Act No. 48-1360 of 1 September 1948 referred to above, the lessor may give leave for the term of the current lease to a tenant who has refused three relocation offers made under the first paragraph and complying with the conditions provided for in Article 13 bis of the same Act. The applicable notice period shall be six months.On the expiry of the notice period, the tenant shall be deprived of any title of occupancy of the leased premises.
"The preceding paragraph is not applicable to tenants over the age of sixty-five years, to tenants with a disability as defined in section L. 114 of the Code of Social Action and to their families or to a person with such a disability and, under the terms defined by decree, to tenants with a loss of physical or mental autonomy, or with the responsibility of a person with such loss of autonomy. It also does not apply to housing in sensitive urban areas defined in 3 of Article 42 of Law No. 95-115 of 4 February 1995 orientation for the development and development of the territory.
"Art.L. 482-2.- Notwithstanding the resource ceilings provided for in Article L. 441-1, the lessor proposes a new accommodation to the lessee of a housing suitable for persons with disabilities within the meaning of Article L. 114 of the Code of Social Action and of families as long as the occupants with such a disability no longer occupy the housing.
"The rent of the new housing must be less than the rent of origin.
"The conditions for mobility assistance provided by the lessor are defined by decree.
"The lessor may give leave for the term of the current lease to a tenant who has refused three relocation offers made under the first paragraph and complying with the conditions set out in article 13 bis of Act No. 48-1360 of 1 September 1948 referred to above. The applicable notice period is six months. The period is extended to eighteen months in the event of the death of a person with a disability at the expense of the tenant.On the expiry of the notice period, the tenant is dropped from any title of occupancy of the leased premises.
"The previous paragraph is not applicable to tenants over the age of sixty-five years.
"Art.L. 482-3.-I. ― In social rental housing owned or managed by the mixed economy companies and located in geographical areas defined by decree in the Council of State characterized by a significant imbalance between the supply and the demand for housing, the leases of tenants whose resources, given the results of the investigation referred to in Article L. 441-9, are, two consecutive years, at least two times higher than the allocation limits of resources This extension shall be effective 1 January of the year following the results of the investigation, indicating, for the second consecutive year, a double of these limits.
"As soon as the results of the investigation indicate, for the second year in a row, a double of these ceilings, the lessor shall inform the lessees without delay.
"Six months before the end of this extension, the lessor shall notify by registered letter with a request for notice of receipt or by act of bail of the date on which the leased premises must be free of any occupation.At the end of this period, the tenants shall be deprived of any title of occupation of the leased premises.
“II. ― If, during the extension period referred to in I, tenants justify that their resources have become less than the resource limits for the allocation of this accommodation, a new lease of three years renewable is entered into.
"III. - I is not applicable to tenants who, the year following the results of the survey, indicating, for the second year in a row, a double of the resource ceilings, reach their sixty-fifth anniversary and to tenants with a disability within the meaning of Article L. 114 of the Code of Social Action and of Families or dependant on a person with such a disability. It also does not apply [Statements declared not in conformity with the Constitution by the Constitutional Council decision No. 2009-578 DC of 18 March 2009] housing in sensitive urban areas defined in 3 of Article 42 of Act No. 95-115 of 4 February 1995 referred to above.
"Art.L. 482-4.- Mixed economic societies may, by deliberation of their board of directors or supervisory boards, make applicable section L. 482-3 to social rental housing units that are not located in the geographic areas referred to in the I of the same section. »
II.-Chapter II of Title VIII of Book IV of the Construction and Housing Code resulting from this section I is applicable to contracts under way.
As of the publication of this Act, the contract between a lessor and a lessee includes a clause providing for the application of the same chapter.
I. ― Resource ceilings for the allocation of social rental housing set under theArticle L. 441-1 of the Construction and Housing Code are reduced by 10, 3 per cent from the first day of the third month following the date of publication of this Act.
II.-The last paragraph of Article L. 441-1 of the Construction and Housing Code is as follows:
"The resource limits for the allocation of social rental housing set out in this section are revised annually taking into account the variation in the rental reference index mentioned in theArticle 17 of Act No. 89-462 of 6 July 1989 aiming to improve rental relations under conditions defined by decree in the Council of State. »
III.-After article L. 353-9-1 of the same code, an article L. 353-9-2 is inserted as follows:
"Art.L. 353-9-2.-The maximum rents and royalties of the agreements entered into pursuant to Article L. 351-2 shall be revised annually as of 1 January according to the Rent Reference Index provided for in Article 17 of Act No. 89-462 of 6 July 1989 to improve rental relationships and amend Act No. 86-1290 of 23 December 1986. The date of the Rent Reference Index for this revision is that of the second quarter of the previous year.
"This article shall be applicable as of 1 January 2010 to all conventions, including existing conventions. »
IV.-Increasing rents and maximum royalties of agreements concluded pursuant toArticle L. 351-2 of the Construction and Housing Code, resulting from the revision of July 1, 2009, cannot exceed the variation in the Rent Reference Index of the fourth quarter of 2008 as defined by the d of section 17 of Act No. 89-462 of July 6, 1989, to improve rental reports and amending Act No. 86-1290 of December 23, 1986.
The increase in rents and maximum royalties of the agreements concluded pursuant to Article L. 351-2 of the Construction and Housing Code, resulting from the revision of January 1, 2010, cannot exceed the variation on six months, from January to June 2009 inclusive, of the Rent Reference Index.
V.-The IV does not apply to rents and royalties under theArticle L. 321-8 of the Construction and Housing Code.
VI.-The eighth paragraph of Article L. 411-2 of the Construction and Housing Code is amended as follows:
1° In the first sentence, after the word: "maximum", the words are inserted: ", increased by 11%",
2° In the last sentence, after the words: "Book III," the words are inserted: "increased by 11%."
At the last sentence of article L. 444-1 of the urban planning code, the word "zones" is replaced by the word "sectors".
I. ― Article L. 121-15 of the Code of Social Action and Families is thus written:
"Art.L. 121-15.-The National Agency for Social Cohesion and Equal Opportunities is administered by a board of directors composed of representatives of the State with half of the votes, representatives of Parliament and local authorities, union representatives and qualified personalities. His president is appointed by the state among them.
"In the region, in the department or in Corsica, the agency's delegate is, respectively, the representative of the state in the region, the department or the territorial community of Corsica. He signs the conventions on his behalf and assists in their implementation, evaluation and monitoring. »
II.-Article L. 121-17 of the same code is as follows:
"Art.L. 121-17.-The resources of the National Agency for Social Cohesion and Equal Opportunities include:
« 1° State subsidies or competitions;
« 2° The competitions of the structural funds of the European Community;
« 3° Grants of the Caisse des dépôts et consignations;
« 4° Various products, gifts and bequests.
"In addition, the agency may receive, through conventions, contributions from local authorities or their public institutions of cooperation, national or local bodies of mandatory social security schemes or agricultural social mutuality, or public institutions. »
III.-The second and third paragraphs of Article L. 121-14 of the same code are replaced by a paragraph as follows:
"It contributes to the fight against discrimination. It contributes to the fight against illiteracy and the implementation of voluntary civil service. It participates in operations for the inhabitants of the city's priority areas of politics. As part of these actions, it promotes accessibility to knowledge and culture. In addition, in its interventions, the agency takes into account the specificities of overseas departments. »
IV.-The 6th of Article L. 5223-1 of the Labour Code is thus written:
« 6° To the integration in France of foreigners, for a period of not more than five years from the issuance of a first residence permitting them to stay permanently in France or, for the implementation of the French language learning devices adapted to their needs, if necessary in partnership with other operators, regardless of the duration of their stay. »
V.- Non-Registrants of the National Agency for Social Cohesion and Equal Opportunities assigned to the missions previously carried out by the National Agency for Social Cohesion are transferred to the organization referred to in theArticle L. 5223-1 of the Labour Codeunder conditions established by decree of the ministers concerned. During this transfer, they retain the benefit of their contracts.
The first sentence of the 4th of Article L. 222-5 of the Code of Social Action and Families is supplemented by the words: "in particular because they are homeless".
I. ― Section 3 of Chapter II of Title I of Book III of the Code of Social Action and Families is supplemented by an article L. 312-5-3 as follows:
"Art.L. 312-5-3.-I. ― A plan for the reception, accommodation and integration of homeless persons, included in the departmental plan of action for the housing of disadvantaged persons, is established in each department. This plan is developed by the representative of the State in the department in association with the local authorities and their competent groupings on the local housing programme as well as with other relevant legal persons, including associations, family allowances and moderate rent housing organizations.
"This plan covers all accommodation spaces, day-care facilities, reception centres for asylum seekers, temporary accommodations, to offer in premises with conditions of hygiene and comfort respecting human dignity, social support services, subject to a convention with the State, measures of adaptation to active life and of social and professional integration of persons and families in difficulty-2
"This plan, established for a maximum of five years:
« 1° Recognizes the nature, level and evolution of the needs of the homeless or in a situation of great precariousness;
« 2° Provides qualitative and quantitative balance sheet of the existing offer;
« 3° Determines the needs for social housing or suitable care for people in care throughout the reception, accommodation and insertion system;
« 4° Determine the prospects and objectives for the development or transformation of the offer;
« 5° Provides the framework for cooperation and coordination between the institutions and services it covers and with those mentioned in Article L. 312-1;
« 6° Defines the evaluation criteria for actions implemented in its framework.
"A regional plan for the reception, accommodation and integration of homeless persons is developed for Ile-de-France by the representative of the State in the region, under the conditions provided for in the first paragraph of this I. Its purpose is to ensure consistency between departmental plans and the coordination of their application, in particular to enable the effective implementation of the regional monitoring and housing management system provided for in Article L. 345-2-1.
“II. ― The capacity to reach is at least one dwelling place per 3,000 inhabitants for municipalities members of a public institution of inter-communal cooperation with clean taxation whose population is greater than 50,000 inhabitants, as well as for municipalities whose population is at least 3,500 inhabitants and which are understood, in the sense of the general population census, in an agglomeration of more than 50,000 inhabitants including at least one commune of more than 15,000 inhabitants. This capacity is extended to one place per 1,000 inhabitants in the communes referred to in the previous sentence and includes, within the meaning of the general population census, a population of more than 100,000 inhabitants.
"III. ― Places of accommodation for the application of this section are:
« 1° Places of establishments provided for in Article L. 312-1 8°;
« 2° Places for asylum seekers defined in Article L. 348-1;
« 3° Seatings of accommodation facilities for persons without domicile subject to a convention with the State or a territorial authority, with the exception of those agreed under theArticle L. 851-1 of the Social Security Code ;
« 4° The accommodation of socially-oriented hotel residences defined in Article L. 631-11 of the Construction and Housing Code for persons referred to in Article L. 301-1 of the same Code;
« 5° The dwellings mentioned in the second paragraph of Article L. 321-10 of the Construction and Housing Code.
"IV. - are not subject to the VI sampling:
« 1° Communities benefiting from the provision of urban solidarity and social cohesion provided by theArticle L. 2334-15 of the General Code of Territorial Communities ;
« 2° The municipalities members of a competent public inter-communal co-operation institution in the area of local habitat program where the sum of the accommodation places located in the territory of the public establishment is equal to or greater than the sum of the capacity to be achieved, as provided for in the II, of these municipalities;
« 3° Municipalities that are not members of a public institution of competent inter-communal cooperation in the field of local housing programmes, when they belong to the same agglomeration within the meaning of the general population census and decide, by agreement and in coherence with the host, accommodation and insertion plan of persons without domicile, to regroup when the sum of accommodation places located in their territory is equal to or greater than the sum of the sum
"V. ― The representative of the State in the department shall notify each year, before 1 September, to each of the municipalities mentioned in the II, of the accommodation available on 1 January of the current year. The commune has two months to present its observations. After consideration of these observations, the representative of the State in the department notifies, by 31 December, the number of accommodation places retained for the application of the II.
"VI. ― Effective January 1, 2010, it is carried out annually, by the ninth of March to November, a levy on the tax resources of municipalities in which the number of accommodation places is less than the obligations mentioned in II.
"This levy is equal to twice the per capita tax potential defined in theArticle L. 2334-4 of the General Code of Territorial Communities multiplied by the number of places of accommodation lacking in relation to the obligations referred to in II of this article, without being able to exceed 5% of the actual operating expenses of the municipality recognized in the administrative account for the biennium.
"The debit is not made if its amount is less than the sum of €3,812.
"The proceeds of the land tax on built properties, the land tax on unbuilt properties, the housing tax and the occupational tax included in the operating section of the budget of municipalities subject to the levy established in this section shall be reduced from the amount of that levy. This is charged to the responsibilities mentioned in the first paragraph of Article L. 2332-2 of the General Code of Territorial Communities.
"The proceeds of the debit are set aside under the same conditions as that mentioned in Article L. 302-7 of the Construction and Housing Code.
"A fraction of the sampling, within 15%, can be allocated to associations for the financing of mobile homeless services.
« VII. ― A decree in the Council of State sets out the modalities for the application of this article. »
II.-Article 21 of Act No. 94-624 of 21 July 1994Habitat related is repealed.
III.-Section 2 of Act No. 90-449 of 31 May 1990 on the implementation of the right to housing is supplemented by a sentence as follows:
"This departmental plan includes the reception, accommodation and insertion plan for homeless persons provided for in Article L. 312-5-3 of the Code of Social Action and Families. »
IV.-In the fourteenth paragraph of Article 4 of Act No. 90-449 of 31 May 1990 referred to above, the words ", and in particular in those mentioned in Article L. 312-1 of the same Code" are deleted.
V.-In the second paragraph of Article L. 311-9 of the Code of Social Action and Families, the words: "Departmental scheme of shelters and social reintegration" are replaced by the words: "Departmental plan for the reception, accommodation and insertion of persons without domicile".
VI.-In the sixth paragraph of Article L. 312-5 of the same code, the reference: ", 8°" is deleted.
VII.-Section L. 633-1 of the Construction and Housing Code is supplemented by three paragraphs as follows:
"It includes older persons, persons with disabilities, young workers, students, migrant workers or disadvantaged persons.
"The housing-foyer referred to as "social residence" is intended for persons or families referred to in Article L. 301-1 II.
"The social residence known as "family pension" is an institution intended for the unconditional reception of persons whose social and psychological situation makes it difficult to access ordinary housing. The "reception" is a family pension dedicated to people with a mental disability. »
VIII.-Article L. 443-15-6 of the same code is amended as follows:
1° In the first paragraph, after the word "owned" the words "for more than ten years" are inserted;
2° After the first paragraph, eight subparagraphs are inserted:
"The housing-foyers built or acquired and improved with the financial assistance of the State or which have opened the right to personalized housing assistance under a convention provided for in Article L. 351-2 remain subject, when they are subject to a transfer, to rules of allocation under conditions of resources and rules of fixing of royalty by the administrative authority under conditions fixed by decree in the Council of State,
" Any act transferring the property or enjoyment of such dwellings or recognizing the transfer of such dwellings shall reproduce the provisions of this article, unless it is null and void. The action in nullity may be brought by any interested person or by the administrative authority within five years of publication of the act to the real estate file or registration to the land book.
"At the request of any interested person or administrative authority, the judge cancels any contract entered into in violation of the provisions of this article and orders, where appropriate, the reassignment of the premises for the purpose of housing.
"In the event of an assignment entered into under the first paragraph, the corresponding portion of any borrowings that may be contracted for the construction, acquisition or improvement of the rented housing sold becomes immediately payable.
"However, the low-cost housing organization may continue to reimburse, on the basis of the original schedule, loans with State aid, provided that their reimbursement remains guaranteed under the conditions that allowed the loan to be obtained.
"In addition, borrowings may be transferred to legal persons who are beneficiaries of the sales referred to in the first paragraph, with the maintenance of related guarantees granted by territorial authorities, their groupings or chambers of commerce and industry, except as opposed to creditors or guarantors within three months of the notification of the loan transfer project related to the sale.
"In the event of a sale of a housing-foyer that has been the subject of improvement works financed with the aid of the State for less than five years, the agency seller is required to repay this assistance.
"The surplus of the amounts collected is primarily allocated to the financing of new construction programs, to work to substantially improve a specific set of dwellings or to housing or housing-household acquisitions for rental purposes. »
IX.-A the last sentence of the second paragraph of Article L. 631-11 of the same code, after the word "code", are inserted the words "who do not require any social or medico-social support on site".
X.-Article L. 632-1 of the same code is supplemented by a paragraph as follows:
"Unfortunately to be granted the application, the operator's appointment of an institution receiving the public for the purpose of lodging, for the purpose of finding termination or pronouncement of the termination of the lease of a person whose rented accommodation is the principal residence is notified, at the diligence of the judicial officer, to the representative of the State in the department, by registered letter »
XI.- At the beginning of article L. 632-3 of the same code, a paragraph is inserted as follows:
"The provisions of this chapter are public. »
Section 1 of Chapter I of Title IV of Book IV of the Construction and Housing Code is amended as follows:
1° The first paragraph of Article L. 441-1-1 is supplemented by a sentence as follows:
"Reservation rights agency representatives on accommodations included in this heritage may be signatories to the agreement. » ;
2° After the first sentence of the first paragraph of Article L. 441-1-2, a sentence is inserted as follows:
"Reservation rights agency representatives on accommodations included in this heritage may be signatories to the agreement. »
Article L. 345-2 of the Code of Social Action and Families is thus written:
"Art.L. 345-2.-In each department, under the authority of the representative of the State, a social watch system to accommodate people without shelter or in distress, to carry out a first assessment of their medical, psychological and social situation and to direct them to the structures or services that their state calls.
"This device works without interruption and can be seized by any person, body or community.
"The establishments mentioned in article L. 312-1, 8°, inform in real time of their vacancies the representative of the State who distributes the persons collected accordingly.
"At the request of the representative of the State, this regulation can be ensured by one of the institutions mentioned in the preceding paragraph, subject to its agreement. »
After Article L. 345-2 of the Code of Social Action and Families, an article L. 345-2-1 is inserted as follows:
"Art. L. 345-2-1. - In Ile-de-France, a single social watch system is set up at the request and under the authority of the State representative in the region. »
I. ― After Article L. 345-2 of the Code of Social Action and Families, two articles L. 345-2-2 and L. 345-2-3 are inserted as follows:
"Art.L. 345-2-2.-Any homeless person in medical, psychological and social distress has access at any time to an emergency accommodation system.
"This emergency accommodation must enable it, in conditions of reception in accordance with the dignity of the human person, to benefit from services ensuring shelter, cover and hygiene, a first medical, psychic and social assessment, carried out within the accommodation structure or, by agreement, by professionals or outside organizations and to be oriented towards any professional or any structure that may provide the assistance justified by its state, including a social housing center
"Art.L. 345-2-3.-Any person in an emergency accommodation structure must be able to receive personalized support and stay there, as soon as he wishes, until he or she has a orientation. This orientation is made to a stable accommodation or care structure, or to a housing, adapted to its situation. »
II.-Article 4 of Act No. 2007-290 of 5 March 2007 establishing the right to opposable housing with various measures for social cohesion is repealed.
A lArticle 4 of Act No. 90-449 of 31 May 1990 In order to implement the right to housing, an h is inserted to read:
“(h) A coherent strategy for housing mobilization in the private park.In this regard, it defines the actions to be implemented, including the use of rental intermediation actions, their terms, objectives and means allocated, based on a shared diagnosis and consultation with all the actors involved. »
Section L. 441-2-3 of the Construction and Housing Code is amended as follows:
1° I is thus modified:
(a) The first two paragraphs are thus drafted:
"In each department, one or more mediation commissions are established with the representative of the State in the department. Each commission is chaired by a qualified personality designated by the representative of the State in the department.
"In conditions set by decree in the Council of State, the commissions are composed equally:"
(b) At 4°, the word "accredited" is replaced by the words "and organizations".
2° II is thus amended:
(a) In the first sentence of the second paragraph, after the word: "transition", the words are inserted: ", a home or a hotel residence with a social vocation";
(b) The third paragraph reads as follows:
"The applicant may be assisted by social services, by an organization that is accredited with respect to social, financial and technical engineering provided for in section L. 365-3, or by an authorized association for the defence of persons in situations of exclusion. » ;
(c) In the fourth paragraph, after the word "application", the words "or having had to know of the applicant's previous rental situation" are inserted;
(d) The same paragraph is supplemented by a sentence as follows:
"It also receives social services that are in contact with the applicant and departments of the departmental plan of action for the housing of disadvantaged persons who have had to know of its situation any useful information about its needs and capacities and the obstacles to its access to decent and independent housing or its maintenance in such housing. » ;
(e) The second sentence of the fifth paragraph is supplemented by the words: "as well as, where appropriate, necessary diagnostic or social support measures";
(f) After the first occurrence of the word "department", the end of the seventh preambular paragraph is thus drawn up: "defines the perimeter within which these dwellings must be located and which in Ile-de-France may relate to territories located in other departments of the region after consultation with the representative of the territorially competent State. It sets the time limit for the applicant to be accommodated. The representative of the State in the department designates each applicant to a donor agency with housing corresponding to the request. In Ile-de-France, he may also ask the representative of the State of another department to make such a designation. In case of disagreement, the designation is made by the representative of the State at the regional level. This assignment is imputed on the booking rights of the representative of the State in the department in which the accommodation is located or, where the applicant is employed or applying for employment, on the booking rights of an associated collector organization of the Union of Social Economy of the Housing under the conditions provided for in Article L. 313-26-2 or on the reserved fraction of the allocation of housing belonging to the housing association or to one of its subsidiaries. » ;
(g) The eighth preambular paragraph is supplemented by two sentences as follows:
"In Ile-de-France, he can also ask the representative of the State in another department of the region to make such a proposal. If the request does not result, the proposal is made by the representative of the State at the regional level. » ;
(h) At the end of the ninth preambular paragraph, the words: "present in the department" are replaced by the words: "Intervening on the perimeter defined in the seventh preambular paragraph of this article and, where applicable, likely to carry out the diagnosis or social support recommended by the mediation committee";
(i) The tenth preambular paragraph is replaced by two sub-items:
"In the event of a refusal by the agency to house the applicant, the representative of the State in the department that designated him shall award a housing commensurate with the needs and capacities of the applicant on his booking rights.
"In Ile-de-France, he may also ask the representative of the State in another department of the region to grant such accommodation on his booking rights. If the request does not result, the allocation is made by the representative of the State at the regional level. It is charged on the booking rights of the representative of the State in the department where the accommodation is located. » ;
(j) After the first sentence of the penultimate paragraph, two sentences are inserted as follows:
"In Ile-de-France, he may also ask the representative of the State of another department to make such a request. In case of disagreement, the request is made by the representative of the State at the regional level. » ;
3° The III is thus amended:
(a) The last sentence of the first paragraph is supplemented by the words "and specifies, if any, the necessary diagnostic or social support measures";
(b) The second paragraph is supplemented by two sentences as follows:
"In Ile-de-France, he can also ask the representative of the State of another department to make such a proposal. In case of disagreement, the proposal is made by the representative of the State at the regional level. » ;
(c) The last paragraph is supplemented by the words: "in which accommodation, transitional housing, housing-foyer or hotel residence with a social vocation is located and, where applicable, may carry out the diagnosis or social support recommended by the mediation committee";
4° After the IV, it is inserted a IV bis and an IV ter as follows:
"IV bis. ― Proposals made pursuant to this section to applicants recognized as priorities by mediation commissions must not be clearly inappropriate to their particular situation.
"IV ter. ― An applicant may only refer to a mediation committee under this section. » ;
5° The V is thus modified:
(a) In the first sentence, the words "avis rendered" are replaced by the words "decisions taken";
(b) At the end of the second sentence, the word "applications" is replaced by the word "decisions";
6° It is added a VI and a VII as follows:
"VI. ― The members of the mediation committee and the persons responsible for the instruction of the referrals are subject to professional secrecy under the conditions provided for in theArticle 226-13 of the Criminal Code.
"By derogation from the provisions of Article 226-13, social and medico-social action professionals defined in Article L. 116-1 of the Code of Social Action and of Families shall provide the services responsible for the instruction of the amiable remedies mentioned above with the confidential information available to them and which are strictly necessary for the assessment of the applicant's situation with regard to the particular difficulties mentioned in Article II of Article L. 301-1 of this Code and
« VII. ― Where the mediation board is seized, under the conditions set out in II, of an appeal on the grounds of unfitness of the dwelling, unhealthy, dangerous or not meeting the characteristics of the decency of the premises occupied by the applicant, it shall rule in the light of a report of the services referred to in theArticle L. 1331-26 of the Public Health Code or operators mandated to see the state of the place. If the premises concerned are already struck by a police measure, a report presenting the status of the enforcement of the measure is also produced.
"When the report concludes that housing is unfit, unhealthy, dangerous or unsafe to the characteristics of the decency of the premises occupied by the applicant, the competent public authorities shall promptly instruct, regardless of the decision of the mediation commission, the procedures provided for by the legislative provisions, including articles L. 1331-22 to L. 1331-31 of the Public Health Code and articles L. 123-3, L-6. 129-1. The implementation of these procedures is not an obstacle to the review of the appeal by the mediation committee.
"The premises or dwellings that are unfit for housing, unhealthy, dangerous or not meeting the characteristics of the decency have been chosen by the mediation board to decide on the priority and urgency of the relocation of their occupants are reported to the bodies responsible for the personal housing assistance service and to the manager of the housing solidarity fund. They are also reported to the committee responsible for the departmental plan of action for the housing of disadvantaged persons for registration at the nominal observatory provided for in the fifteenth paragraph of Article 4 of Law No. 90-449 of 31 May 1990 to implement the right to housing. »
Section L. 441-2-3-1 of the Construction and Housing Code is amended as follows:
1° The second paragraph of I is thus drafted:
"The applicant may be assisted by social services, by an organization that is accredited with respect to social, financial and technical engineering provided for in section L. 365-3 or by an authorized association for the defence of persons in situations of exclusion. » ;
2° Before the last paragraph of I, a sub-item is inserted:
"The amount of the accommodation is determined on the basis of the average rent of the housing type considered to be adapted to the needs of the applicant by the mediation board. » ;
3° Before the last paragraph of the second paragraph, a sub-item shall read:
"The amount of this coverage is determined based on the average cost of the type of accommodation considered to be adapted to the applicant's needs by the mediation board. »
Article L. 441-2-3-2 of the Construction and Housing Code is supplemented by two paragraphs as follows:
"This information includes access to and/or maintenance of housing and the terms and conditions of appeal before the mediation board.
"The departments, municipalities and public institutions of intercommunal cooperation are associated with this information. »
After the Article 3, paragraph 7, of Act No. 89-462 of 6 July 1989 In order to improve rental reports and amend Act No. 86-1290 of 23 December 1986, a paragraph was inserted to read:
"The rental contract specifies the living space of the leased thing. »
Article L. 441-2-2 of the Construction and Housing Code is supplemented by a paragraph as follows:
"The fact that one of the members of the household is a candidate for the allocation of a social housing to be the owner of a housing adapted to its needs and abilities can be a ground for refusal to obtain it."
Section L. 441-1 of the Construction and Housing Code is amended as follows:
1° After the first preambular paragraph, a sub-item reads as follows:
"When the housing applicant is one of the spouses of a divorced couple, this situation is attested by a non-conciliation order, or where the applicant is in an emergency situation attested by a decision of the judge made pursuant to theArticle 257 of the Civil Code or by the provision of urgent measures ordered by the family court pursuant to the third paragraph of section 220-1 of the same code, or where the applicant is a person who was bound by a civil pact of solidarity which the applicant declared the termination at the court of proceedings, the only resources to be taken into account are those of the applicant for the last year prior to the signing of the new contract. This provision is also applicable to married persons, bound by a civil pact of solidarity or living maritally when one of them is a victim of violence within the couple attested by the receipt of a complaint by the victim. » ;
2° At the beginning of the second paragraph, the words "This decree" are replaced by the words "The decree mentioned in the first paragraph".
After the d of Article L. 441-1 of the Construction and Housing Code, it is inserted an e as follows:
“e) Married, maritally living or linked by a civil pact of solidarity justifying violence within the couple or between the partners, without the circumstance that the spouse or partner bound by a civil pact of solidarity benefits from a rental contract for the housing occupied by the couple can hinder it. This situation is attested by a judge's decision under theArticle 257 of the Civil Code or by the provision of urgent measures ordered by the Family Justice pursuant to the third paragraph of section 220-1 of the Code. »
Section L. 441-1 of the Construction and Housing Code is amended as follows:
1° The eleventh preambular paragraph is supplemented by a sentence as follows:
"It may also proceed to the same delegation directly to the President of a public inter-communal cooperation institution having entered into an inter-communal collective agreement pursuant to Article L. 441-1-1. » ;
2° The twelfth preambular paragraph is supplemented by a sentence as follows:
"When the delegation is made directly for the benefit of the president of a public inter-communal cooperation institution, the convention provides the terms and conditions of association of the common members to the use of booking rights in their territory. »
I. ― After Article L. 521-3-2 of the Construction and Housing Code, an article L. 521-3-3 is inserted as follows:
"Art. L. 521-3-3. - In order to ensure the temporary or final relocation of the occupants, pursuant to Article L. 521-3-2, the representative of the State in the department may use the prerogatives it holds from Article L. 441-2-3.
"The terms of reference for housing, pursuant to the preceding paragraph, shall be taken into account the commitments of the inter-communal or departmental agreement provided for in Articles L. 441-1-1 and L. 441-1-2 respectively.
"In order to ensure the temporary or final relocation of the occupants, pursuant to I or, where applicable, to the III or V of Article L. 521-3-2, the mayor may designate these persons to a lessor organization for the purpose that he or she may house them and, in the event of a refusal by the lessor, make the allocation of a dwelling. The assignments apply to the booking rights available to it in the territory of the municipality.
"In order to ensure the temporary or final relocation of the occupants pursuant to the III of Article L. 521-3-2, the President of the relevant public intercommunal cooperation institution may proceed under the conditions set out in the preceding paragraph. The powers apply to the booking rights available to it in the territory of the public intercommunal cooperation institution.
"The representative of the State in the department or the mayor shall be deemed to have met the obligation of rehousing if they have proposed to the persons concerned who, in the absence of a rehousing offer, occupy premises beyond the effective date of the final prohibition of residence, a reception in a housing structure, an establishment or a transitional housing, a housing-foyer or a hotel residence with a social vocation, »
II. - After article L. 441-2-3-3 of the same code, an article L. 441-2-3-4 is inserted as follows:
"Art. L. 441-2-3-4. - When, as a result of the failure of the owner or operator, the relocation of occupants of unhealthy or dangerous premises or dwellings, as a result of an administrative police order, shall be ensured by the representative of the State in the department or by the mayor pursuant to Article L. 521-3-2, the application of Article L. 521-3-3 is made. »
Section 4 of Act No. 90-449 of 31 May 1990 on the implementation of the right to housing is amended as follows:
1° In the second paragraph, the words: "in slums, unhealthy, precarious or wealthy dwellings," are replaced by the words: "or exposed to unworthy habitat situations,"
2° After the second preambular paragraph, a sub-item reads as follows:
"Constitutes a habitat that is unworthy of the premises or facilities used for the purpose of housing and unfit by nature for that purpose, as well as the dwellings whose state, or the building in which they are located, exposes the occupants to obvious risks that may affect their physical safety or health. »
The Public Health Code is amended to read:
1° In the second paragraph of Article L. 1331-28, the words "to ensure the safety of" were replaced by the word "to";
2° The second sentence of Article L. 1331-29 is supplemented by the words: ", including on premises that have become vacant";
3° In the fifth paragraph of Article L. 1334-2, after the word "previous", the words are inserted: "or, subject to validation by the health authority, the finding of risk of exposure to lead referred to in Article L. 1334-5".
Section L. 111-6-1 of the Construction and Housing Code is amended as follows:
1° At the beginning of the first sentence of the second paragraph, the words are inserted: "Let it be in ownership or enjoyment, whether it results from free or expensive transfers, sharing or rentals,"
2° The beginning of the third paragraph is as follows:
" – whether it is in property or in enjoyment, whether it results from free or expensive transfers, sharing or renting, any division of buildings to make available to the premises... (the rest without change). »
In the last sentence of the second paragraph of Article 20-1 of Act No. 89-462 of 6 July 1989 referred to above, the words "may transmit" are replaced by the word "transmit".
Article L. 13-15 of the Code of Expropriation for Public Use is supplemented by a III as follows:
"III. ― The value of a business fund relating to the operation of a facility for accommodation purposes is estimated by taking into account the reality of the hotel management of the establishment and is reduced, if any, the estimated amount of work required to ensure the security or safety of the premises such as the execution of the police measures prescribed to the owner or operator of the premises as well as the rehousing costs of the premises of the property. »
I. ― Article 2384-1 of the Civil Code is amended as follows:
1° At 1°, the references: "L. 129-2 or L. 511-2" are replaced by the references: "L. 129-2, L. 129-3, L. 511-2 or L. 511-3";
2° At the same 1°, after the words "implemented" are inserted the words "of article L. 1331-26-1 or";
3° The beginning of the last paragraph is as follows:
"For claims arising from the application of Article L. 521-3-2 of the Construction and Housing Code, Article I L. 511-2 of the same code or I of Article L. 1331-28 of the Public Health Code when the demolition of the building declared unhealthy or threatening ruin was ordered, the privilege... (the rest without change). » ;
4° It is added a paragraph to read:
"For other receivables, the privilege is retained up to the amount assessed or the amount of the debt, if it is lower. »
II. ― Section 2384-2 of the same code is amended as follows:
1° The first paragraph is supplemented by the words: ", to the extent of its value";
2° In the second paragraph, after the word "case," the words are inserted: "for claims arising from the application of Article L. 521-3-2 of the Construction and Housing Code, Article I L. 511-2 of the same Code or Article I L. 1331-28 of the Public Health Code when the demolition of the building declared unsanitary or threatening ruin has been ordered."
III. ― I and II apply from the coming into force ofOrder No. 2007-42 of 11 January 2007 relating to the recovery of State and municipal claims resulting from measures to combat unhealthy or dangerous habitat.
I. ― Section L. 123-3 of the Construction and Housing Code is amended as follows:
1° The beginning of the first sentence of the first paragraph is as follows:
"I. ― In the event that an institution receiving the public is for total or partial use of accommodation and that the mayor has prescribed, by order, to the operator and the owner the necessary measures to put an end to the insecurity situation identified by the security commission and, if necessary, to carry out adjustments and work within a specified time limit, the mayor may... (the remainder without change). » ;
2° A sub-item and the II to VII to read as follows:
"The powers vested in the mayor by this article are exercised in Paris by the police chief.
“II. ― shall be punished by a one-year imprisonment and a fine of €50,000 for the deliberate and unjust refusal to perform the work prescribed in accordance with I.
"III. ― is punishable by imprisonment for two years and a fine of €75,000 for renting rooms or premises in conditions that clearly lead to their overoccupation.
"IV. ― is punishable by imprisonment for three years and a fine of € 100,000:
"– the degrading, deteriorating, destroying premises or making them unfit for accommodation in any way, with the aim of leaving the occupants, when these premises are covered by an order based on I;
"—the failure, in bad faith, to respect a ban on living and using the places pronounced under the third paragraph of I.
"V. ― Physical persons are also subject to the following additional penalties:
« 1° Forfeiture of the trade fund or building intended for the accommodation of persons and used to commit the offence;
« 2° The prohibition for a period of not more than five years of professional or social activity as long as the facilities of this activity have been knowingly used to prepare or commit the offence. However, this prohibition is not applicable to the exercise of an elective mandate or union responsibilities.
"VI. ― Moral persons incur, in addition to the fine provided for in theArticle 131-38 of the Criminal Code, the additional penalties provided for in 2°, 4°, 8° and 9° of article 131-39 of the same code. The confiscation referred to in 8th of the same article relates to the trade fund or the building intended for the accommodation of persons and used to commit the offence.
« VII. ― Where prosecutions are carried out against commercial fund operators for accommodation purposes, section L. 651-10 of this Code is applied. »
II. ― Article I L. 651-10 of the same code is amended as follows:
1° The word and reference: "and L. 521-4" are replaced by the references: ", L. 521-4 and L. 123-3";
2° After the words: "human dignity" are inserted the words ", to the safety of people".
I. ― The building and housing code is thus modified:
1° After the second paragraph of Article L. 129-4, a sub-item reads as follows:
"When the commune has substituted for certain defunct co-owners, the amount of the debt owed by them is increased from that of the moratorium interest calculated at the legal interest rate, as of the date of the mayor's notification of the substitution decision to the defunct co-owners. » ;
2° Article L. 511-4 is supplemented by a paragraph as follows:
"When the commune has substituted for certain defunct co-owners, the amount of the debt owed by them is increased from that of the moratorium interest calculated at the legal interest rate, as of the date of the mayor's notification of the substitution decision to the defunct co-owners. »
II. ― After the first paragraph of Article L. 1331-30 of the Public Health Code, a paragraph read as follows:
"When a public community substituted for certain defunct co-owners, the amount of the debt owed by them is increased from that of the moratorium interest calculated at the legal interest rate, beginning with the date of notification by the administrative authority of the decision to replace the defunct co-owners. »
The building and housing code is thus modified:
1° At the end of the first paragraph of Article L. 511-2, the word "spouse" is replaced by the word "contigus";
2° In the third paragraph of Article L. 511-2, after the words: "the failure of certain co-owners" are inserted the words: ", by reason of the mayor's decision,"
3° In the first sentence of the last paragraph of Article L. 129-2, after the words: "some condominiums" are inserted the words: ", by reason of the mayor's decision,"
4° The first paragraph of Article L. 129-3 is supplemented by the words: "and to propose measures to end the imminence of danger if it finds it";
5° In Article L. 129-6, the reference: "at 1° of Article L. 2215-1" is replaced by the reference: "at Article L. 2122-34".
After Article L. 521-3-2 of the Construction and Housing Code, an article L. 521-3-4 is inserted as follows:
"Art.L. 521-3-4.-In the cases provided for in Article L. 521-1 and for the purpose of facilitating the accommodation of the occupants by the owners or operators who are held therein or, in the event of a failure of the occupants, by the competent public authorities, any lessor or accommodation structure, notwithstanding any stipulation to the contrary, may conclude with any person, public or private, the agreement necessary for the provision of premises
"The duration of this precarious occupation agreement is limited and ends no later than the month following that of notification of the release of the police measure that justified the accommodation or observation by the competent authority of the enforcement of the prescribed measures.
"The occupants who have benefited from accommodation under the above conditions may not avail themselves of any right to maintain or renew the convention.
"In the event of an occupancy's refusal to leave the premises at the end of the precarious occupation agreement and the failure of the occupancy person to have initiated an action for expulsion, the representative of the State in the department or the mayor, as the case may be, may exercise this action at the expense of the owner or operator under the obligation of accommodation. »
I. ― The Public Health Code is amended to read:
1° The first paragraph of Article L. 1331-22 is supplemented by three sentences as follows:
"It may prescribe, if any, any necessary measures to prevent the access or use of premises for the purpose of housing, as they are evacuated. The same measures can be decided at any time by the mayor on behalf of the State. These measures may be executed ex officio."
2° The first paragraph of Article L. 1331-26-1 is supplemented by a sentence as follows:
"It can impose a temporary ban on living. » ;
3° The beginning of the second paragraph of Article L. 1331-26-1 is as follows:
"In this case, or if the execution... (the rest without change). » ;
4° In the first paragraph of Article L. 1331-30, after the word "articles", the reference is inserted: "L. 1331-22,".
II. ― The first sentence of the second paragraph I of Article L. 521-2 of the Construction and Housing Code is supplemented by the words: ", beginning on the first day of the month following the sending of the notification of the police measure".
I. ― The last sentence of the thirteenth paragraph of section 4 of Act No. 90-449 of 31 May 1990 on the implementation of the right to housing is replaced by two sentences as follows:
"The competent public authorities and the organizations paying personal assistance to housing forward to the committee the arrested police measures and the findings of non-decency, as well as the identification of housing, facilities and premises identified as indignant and not decent. For the purpose of implementing the Indicative Habitat Policy, the committees shall transmit to the Minister responsible for Housing aggregate statistical data on the stock of premises, facilities or dwellings in the observatory and the number of situations processed during the year. »
II. ― After Article L. 124 A of the Tax Procedures Book, an article L. 124 B is inserted as follows:
"Art.L. 124 B.-Data providers and managers of nominal observatories provided for in Article 4 of Act No. 90-449 of 31 May 1990 on the implementation of the right to housing may receive tax services, upon their request, providing information that they hold and that are necessary for the identification and monitoring of the treatment of indignant and non-decent housing or facilities. »
I. ― Article L. 421-4 of the Construction and Housing Code is supplemented by a 6° and a 7° as follows:
« 6° Take leases of accommodations under the Conventions set out in Articles L. 321-4 or L. 321-8 to sub-lease, whether furnished or not, persons referred to in Article L. 301-1 II or individuals whose situation requires a rental transitional solution;
"7° Manage as property administrator of vacant dwellings to give them for rent to persons referred to in Article L. 301-1 II. »
II. ― Article L. 422-2 of the same code is supplemented by two paragraphs as follows:
"They may also take leases from the accommodations covered by the conventions set out in articles L. 321-4 or L. 321-8 to sub-leave them, whether furnished or not, to the persons referred to in Article L. 301-1 II or to the natural persons whose situation requires a rental transition solution.
"They can manage vacant dwellings as property administrator to lease them to persons referred to in Article L. 301-1 II. »
III. — Before the penultimate paragraph of Article L. 422-3 of the same code, two paragraphs are inserted:
"They may also take leases from the accommodations covered by the conventions set out in articles L. 321-4 or L. 321-8 to sub-leave them, whether furnished or not, to the persons referred to in Article L. 301-1 II or to the natural persons whose situation requires a rental transition solution.
"They can manage vacant dwellings as property administrator to lease them to persons referred to in Article L. 301-1 II. »
IV. ― Chapter IV of Book IV of the same Code is amended as follows:
1° Its title is as follows: "Leasing and housing management by moderate rent housing organizations";
2° It is created a section 1 entitled: “Rules applicable to the sublocation of vacant dwellings” and comprising articles L. 444-1 to L. 444-6;
3° After the word "satisfy", the end of the first paragraph of Article L. 444-3 is thus written: "to the characteristics defined in application of First and second paragraphs of Article 6 of Act No. 89-462 of 6 July 1989 to improve rental reports and amend Act No. 86-1290 of 23 December 1986. » ;
4° The first paragraph of Article L. 444-5 is amended as follows:
(a) In the first sentence, the words: "to improve rental relationships and to amend Act No. 86-1290 of 23 December 1986" are replaced by the word: "above";
(b) In the second sentence, after the words "transfer", the words "or prosecution" are inserted;
5° In the second paragraph of Article L. 444-6, the word "underoccupant" is replaced by the word "sub-locatary";
6° It is added a section 2 as follows:
“Section 2
" Provisions applicable to housing sub-location
pursuant to articles L. 321-4 or L. 321-8
"Art.L. 444-7.-Sections L. 444-5 and L. 444-6 apply to accommodations, whether furnished or not, approved pursuant to sections L. 321-4 or L. 321-8 and intended for sub-location to persons referred to in Article L. 301-1 II or to natural persons whose situation requires a rental transition solution, subject to the provisions of sections L. 444-8 and L.
"Art.L. 444-8.-The lease between the moderately rented housing organization and the owner is entered into for a period of not less than six years.
"Art.L. 444-9.-The relationship between the moderately rented housing organization and the occupants is governed by a one-year sub-location contract. The lessor can renew the contract twice for the same period. The lessor must propose, three months before the final term of the contract, a housing solution that corresponds to the needs and possibilities of the occupants.
"The occupants can terminate the contract at any time. By derogation from section L. 444-5, the notice period shall be one month if the leave emanates from the occupants. This period is extended to three months if it comes from the lessor and, in this case, the leave can only be given for a legitimate and serious reason, including the failure by the occupants of any of their obligations or the refusal of a final offer of relocation corresponding to their needs and opportunities. »
Chapter I of Title II of Book III of the Construction and Housing Code is thus amended:
1° Article L. 321-5 is amended as follows:
(a) The words: "or occupants" are deleted;
(b) After the words: "improve rental relationships", the words are inserted: "and modify the Act No. 86-1290 of 23 December 1986 » ;
2° Article L. 321-10 is as follows:
"Art.L. 321-10.-The accommodation referred to in articles L. 321-4 or L. 321-8 may be rented to public or private bodies for their sublocation, whether furnished or not, to persons referred to in Article L. 301-1 II or to natural persons whose situation requires a rental transition solution.
"The accommodation referred to in Articles L. 321-4 and L. 321-8 may be rented to public or private bodies for the accommodation of persons referred to in Article L. 301-1 II or natural persons whose situation requires a rental transition solution. » ;
3° After the article L. 321-10, an article L. 321-10-1 is inserted as follows:
"Art.L. 321-10-1.-The duration of the contract for the rental of the dwellings under Article L. 321-8 is at least three years for the physical donors as well as for the donors defined inArticle 13 of Act No. 89-462 of 6 July 1989 referred to above, and six years for donors legal persons.
"This provision does not apply to sub-location contracts or to accommodation under section L. 321-10. » ;
4° After L. 321-11, an article L. 321-11-1 is inserted as follows:
"Art.L. 321-11-1.-By derogation from VI of Article 40 of Act No. 89-462 of 6 July 1989 referred to abovewhere the term of the lease agreement is after the expiry date of the agreement referred to in Article II of Article L. 321-1 of this code, the lessor may, under the conditions provided for in c of Article 17 of Act No. 89-462 of 6 July 1989 referred to above, notify or signify to the tenant an offer to renew the rental contract whose rent exceeds the amount of the rent ceiling entered in the current agreement.
"This offer must be notified by registered letter with a request for a notice of receipt or served by an act of bailiff to the tenant at least six months before the term of the contract. This period runs from the day of receipt of the recommended letter or the meaning of the act of bailiff. »
Article L. 442-8-3 of the Construction and Housing Code is supplemented by a paragraph as follows:
"When dwellings belonging to the organizations defined in Article L. 411-2 are leased to a legal entity for the purpose of being sub-learned as a transitional measure to persons referred to in Article L. 301-1 II, a contradictory periodic review of the situation of sub-locataries shall be conducted under conditions defined by regulation. The purpose of this review is to assess the ability of sub-locataries to meet the obligations resulting from a lease on their behalf. »
In the second paragraph of Article L. 442-9 of the Construction and Housing Code, the words: "or a mixed economy company for the construction and management of social rental housing" are replaced by the words: ", to a mixed economy company for the construction and management of social rental housing or to an organization that is accredited with respect to the rental intermediation and rental management 365-4Article 3 of Act No. 70-9 of 2 January 1970 regulating the operating conditions of certain transactions relating to real property and trade funds."
Article 10 of Act No. 89-462 of 6 July 1989 referred to above is supplemented by a paragraph thus written:
"For derogation, after the express agreement of the parties, the lease agreement may be renewed prior to the expiration of the current lease when the owner signed a contract with the National Habitat Agency with work referred to in sections L. 321-4 and L. 321-8 of the Construction and Housing Code, and provided that the resources of the existing tenant are in accordance with the ceilings provided for in this agreement. The renewal offer shall be submitted within three months of the agreement of the parties and in the forms provided for in section 15 of this Act for leave. The amount of the rent set by the renewed lease agreement must then be determined according to the rules applicable to the housing agreement with the National Habitat Agency."
On an experimental basis, a mechanism is established to ensure the protection and preservation of vacant premises by occupation by temporary residents.
The operations carried out as such are subject to the approval of the State and are the subject of a convention between the owner and a public or private organization that undertakes to protect and preserve the premises that are made available to the owner and to return them to the owner free of any occupation on the due date or on the occurrence of an event defined by the convention.
The organization referred to in the second paragraph may house temporary residents in the premises at its disposal. The reciprocal commitments of the agency and each resident are included in a temporary residence contract, whose form and stipulations are defined and governed by decree.
The temporary residence contract is entered into or renewed for a minimum period fixed by decree. It shall give rise to the payment by the resident, to the agency that has received the provision of the premises, of a royalty whose maximum amount is fixed by decree. The anticipated termination of the contract by the aforementioned agency is subject to rules of notice, notification and motivation defined by decree; such rupture may only be effected on a legitimate and serious basis, including the failure by the resident of any of the obligations to him or the term of the agreement referred to in the second paragraph under the conditions laid down in the same paragraph. The completion of the temporary residence contract or its termination under the above-mentioned conditions disqualifies the resident of any occupation title, notwithstanding any provisions in force, including those in Chapter III of Title I of Book VI of the Construction and Housing Code and of Act No. 89-462 of 6 July 1989 to improve rental reports and amend Act No. 86-1290 of 23 December 1986.
The approval of the State may be subject to commitments by the agency that has been provided to the premises regarding the characteristics of temporary residents.
Agreements and temporary residence contracts under this article shall not be effective beyond 31 December 2013. This experimental mechanism is monitored and evaluated by the State authorities responsible for aggregation of operations. A monitoring and evaluation report is tabled annually in Parliament from 2010.
I. ― The Act of 1 June 1924 implementing French civil legislation in the departments of Bas-Rhin, Haut-Rhin and Moselle was amended as follows:
1° Section 36-2 is amended as follows:
(a) The first paragraph is as follows:
"The land book is made up of the register for the advertisement of rights on buildings."
(b) The second preambular paragraph reads as follows:
“The land book may be held in electronic form under the conditions defined by the Articles 1316-1, 1316-3 and 1316-4 of the Civil Code.
(c) The last paragraph is as follows:
"The land book service is provided by the court of proceedings and, as part of its missions provided by the court Act No. 2002-306 of 4 March 2002 Reforming the law of June 1, 1924, which brought into force French civil law in the departments of Bas-Rhin, Upper-Rhin and Moselle, in its provisions relating to land advertising, by the public establishment of the State established in article 2 of the same law. » ;
(d) It is added a paragraph to read:
"The data in the land book allow for the identification of buildings as well as property rights, servitudes, charges and security rights relating to these buildings, and the identification of persons with registered rights. » ;
2° After section 36-2, three sections 36-3, 36-4 and 36-5 are inserted as follows:
"Art. 36-3.-The Annexes to the Land Book shall consist of the acts and documents produced in support of an application for registration, as well as the decisions made thereafter.
"They may be kept electronically under the conditions defined by Article 1316-1 of the Civil Code.
"They are not subject to legal advertising. They may, however, be consulted under conditions established by decree in the Council of State by the categories of persons designated by the same decree.
"These individuals may also obtain copies of the annexes they have consulted.
"Art. 36-4. -The data of the computerized land book may be subject to reuse under the conditions fixed by the Act No. 78-753 of 17 July 1978 carrying out various measures to improve the relationship between administration and the public and various administrative, social and fiscal provisions.
"Art. 36-5.-Any dispute concerning the service of the land book or its annexes falls within the jurisdiction of the judicial judge. » ;
3° Article 37 is read as follows:
"Art. 37.-I. ― The consultation of the data of the land book and the register of deposits on site or remotely is free.
“II. any person who consults these data may obtain a copy from the Registry or the public institution. The copy is issued by the public institution as simple information.
"III. ― The registration of a right in the register for the advertisement of rights on buildings must be made known to the rights holders concerned with the indication of their right of access and rectification.
"Every person may obtain information concerning his or her property and rights and, subject to the rights of third parties, may require correction, modification or deletion of inaccurate, incomplete or outdated information submitted to the Land Book Judge.
"IV. ― A decree in the Council of State, taken after the advice of the National Commission on Informatics and Freedoms, determines the conditions of application of this article and, in particular, the list of data available in addition to the rights listed in article 38 as well as the modes of consultation and the conditions under which free access to the data of the land book and the register of deposits. » ;
4° Article 38-1 reads as follows:
"Art. 38-1.-On the filing of the application for registration and subject to registration, the rights and restrictions referred to in Article 38 and the prenotation provided for in Article 39 shall be subject to third parties who have rights in the buildings and have registered them regularly. » ;
5° Section 38-3 is repealed;
6° The second paragraph of Article 40 is as follows:
"Requests are entered on the repository register as they are deposited. »
II.-La Act No. 2002-306 of 4 March 2002 reform of the law of 1 June 1924 implementing French civil law in the departments of Bas-Rhin, Haut-Rhin and Moselle, in its provisions relating to land advertising is thus amended:
1° Section 2 is amended as follows:
(a) The 4th is thus written:
« 4° Ensure electronic registration of requests; »
(b) After the 4°, it is inserted a 5° as follows:
« 5° And can deliver copies of the land book as simple information. » ;
2° The 1st of Article 4 is thus written:
« 1° By the proceeds of royalties collected for services rendered, such as consulting and issuing copies as simple information and electronic registration of requests; "
III.-After the 14th of Article 21 of Act No. 78-753 of 17 July 1978, which introduced various measures to improve the relations between the administration and the public and various provisions of administrative, social and fiscal order, it is inserted a paragraph thus written:
“The Commission is competent to hear questions relating to the reuse of public information under the authority of the Commission Chapter III of Title II of the Act of 1 June 1924 implementing French civil law in the departments of Bas-Rhin, Haut-Rhin and Moselle. »
TheArticle 22 of Act No. 89-462 of 6 July 1989 to improve rental reports and amend Act No. 86-1290 of 23 December 1986 is supplemented by a paragraph to read:
"In the event of a free or expensive transfer of leased premises, the return of the security deposit is the responsibility of the new leaser. Any contrary convention has effect only between the parties to the transfer. »
At the end of the second sentence of the second paragraph of Article L. 215-1-1 of the Construction and Housing Code, the words: "or companies of mixed economy of construction and management of social housing" are replaced by the words: ", companies of mixed economy of construction and management of social housing or other anonymous cooperative societies of collective interest for accession to property".
After the words: "the territorial community", the end of the 8th of Article 150 U of the general tax code is thus drafted: "or the public institution of competent intercommunal cooperation shall remit to the State the amount due under I; This period is extended to three years for assignments made by a public property for the benefit of one of the organizations mentioned in the 7°. »
Article L. 213-1 of the urban planning code is supplemented by an i as follows:
“(i) Assets acquired by an organization referred to in sections L. 321-4 and L. 324-1 when acting at the express request of the community holding the right to urban preemption. »
After article L. 324-2 of the urban planning code, an article L. 324-2-1 is inserted as follows:
"Art. L. 324-2-1. - The statutes of the local public property institution may be amended in a general assembly by a two-thirds majority vote of the delegates of the members of the establishment present or represented. »
After the first sentence of the second paragraph of article L. 324-7 of the urban planning code, two sentences are inserted as follows:
"If the quorum is not reached, the General Assembly or the Board of Directors shall again be convened with the same agenda within ten days. The assembly or council shall then deliberate validly whatever the number of members present. »
I. ― Article 1642-1 of the Civil Code is amended as follows:
1° In the first paragraph, after the word "building", the words "or defects of conformity" are inserted;
2° In the second paragraph, the words "defect" are deleted.
II.-In the last paragraph of section 1648 of the same code, after the word "defects" are inserted the words "or defects of conformity".
For the realization of rental housing assisted by the State financed with the assistance of the public aids mentioned in the 1st of theArticle L. 301-2 of the Construction and Housing Code, subject to Act No. 85-704 of 12 July 1985 on the mastery of public works and its relationship with the mastery of private work, the moderately rented housing organizations mentioned in theArticle L. 411-2 of the Construction and Housing Code and joint social housing construction and management companies may conclude by derogation from the provisions of articles 7 and 18 of Act No. 85-704 of 12 July 1985 referred to abovecontracts covering both the preparation of studies and the execution of work.
In the penultimate paragraph of section 1 of Act No. 85-704 of 12 July 1985 on the mastery of public works and its relationship with private mastery, after the words: "house", are inserted the words: "and mixed economy societies".
I. ― After Article L. 411-8 of the Construction and Housing Code, an article L. 411-10 is inserted as follows:
"Art.L. 411-10.-For the purposes of the development and implementation of public housing policies, the Housing Department maintains a directory of rental dwellings on which the social donors referred to in the second paragraph have real real property rights or who are usufructiers. This directory is based on information transmitted annually by the donors. A decree in the Council of State sets the conditions for the application of this article, including the list of information transmitted by the donors.
"Social donors retained for the purposes of this article are:
« 1° Moderate rental housing organizations referred to in Article L. 411-2;
« 2° Mixed economy companies referred to in Article L. 481-1;
« 3° The public property management establishment of Nord-Pas-de-Calais and the anonymous company Sainte Barbe;
« 4° The housing property association referred to in Article L. 313-34 or real estate civil societies whose shares are held at least 99% by that association;
« 5° Organizations that are accredited under section L. 365-2.
"The representative of the State in the region communicates annually to the representatives of the State in the department, to the general councils having concluded the convention referred to in Article L. 301-5-2 and to the public institutions of intercommunal cooperation having concluded the convention referred to in Article L. 301-5-1 the information of the directory concerning each dwelling located in their territory.At their request, the municipalities, the public institutions of intercommunal cooperation competent in the local programme The decree in the Council of State referred to in the first paragraph sets out the conditions under which information extracted from the directory may be communicated to third parties.
"The lack of transmission to the State of the information necessary for the maintenance of the directory or the transmission of manifestly erroneous information shall result, after a stay of unsuccessful, in the application of a fine of 100 € per 100 housing units referred to in the first paragraph, recovered for the benefit of the Social Rental Guarantee Fund referred to in Article L. 452-1.
"The transmission of the information necessary for the purpose of holding the directory referred to in this article shall be produced, for the legal persons referred to in Article L. 302-6, of the inventory provided for in the same article, with the exception of the dwellings or beds mentioned in Article L. 302-5.
"The transmission of the information required for the purpose of holding the directory referred to in this article is to be produced for social donors covered by this article.Article L. 2334-17 of the General Code of Territorial Communitiesthe inventory provided for in the same article. »
II.-This section applies as of January 1, 2011 for owners of more than 1,000 rental units as of January 1, 2010, and as of January 1, 2012 for other donors.
The 9th of Article L. 421-1, the fourteenth paragraph of Article L. 422-2 and the 6th bis of Article L. 422-3 of the Construction and Housing Code are supplemented by the words: "or to take part in civil real estate companies having this same object and to be able to ensure their stewardship".
The last sentence of the second paragraph of Article L. 752-23 of the Commercial Code is supplemented by the words: "by square meters illegally exploited".
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2009-578 DC of 18 March 2009.]
I. ― After Article L. 281-1 of the Construction and Housing Code, a title IX is inserted as follows:
« TITRE IX
" PROTECTION MEASURES
REVIEWS FOR IMMOBILIERS
"Art.L. 290-1.-Any promise of sale for the purpose of the assignment of a real property or real property right, whose validity is more than eighteen months, or any extension of such promise for a total duration of more than eighteen months is null and void if it is not recognized by an authentic act, when it is consented by a natural person.
"Art.L. 290-2.-The promise of sale referred to in Article L. 290-1 provides, in a case of nullity, a capital allowance of a minimum of 5% of the sale price, subject to a payment or bond deposited in the hands of the notary. »
II.-Sections L. 290-1 and L. 290-2 of the Construction and Housing Code apply to promises of sale made on the first day of the fourth month following the publication of this Act.
The first four paragraphs of Article L. 441-2-1 of the Construction and Housing Code are replaced by seven paragraphs as follows:
"In conditions defined by decree in the Council of State, applications for the allocation of social housing are made to social housing donors mentioned in article L. 441-1. They may also be made, when they have decided, with beneficiaries of the housing reservations provided for in the same article, of State services, territorial authorities or public institutions of intercommunal cooperation. Each application is the subject of a regional registration in Ile-de-France and departmental records on the rest of the territory, with a single number, resulting in the issuance of a certificate.
"The services and legal persons referred to in the preceding paragraph record the application and provide the applicant with a certificate of application within one month of the filing of the application. The representative of the State in the department shall, after a stay, proceed to the registration of the request of any applicant who has not received the certificate within that period by a lessor likely to respond to the request.
"The certificate indicates the unique number assigned to the applicant. It includes a list of social housing donors with a heritage on the requested municipalities. It shall guarantee the applicant's rights by certifying the filing of the application and shall issue the deadlines set out in Article L. 441-1-4 from which the applicant may refer to the mediation board provided for in Article L. 441-2-3, which shall specify the terms and time limits of the referral.
"A decree in the Council of State defines the information that must be provided for the application for social housing and for the attribution of the single number. This information allows, inter alia, to characterize requests in relation to the priority criteria defined in Article L. 441-1. The same decree defines the validity of social housing applications and the conditions of their removal. The delisting is mandatory when a social housing has been allocated to the applicant and, if not, cannot intervene without the applicant being previously notified.
"The conditions in which the representative of the State in the department or, in Ile-de-France, the representative of the State in the region, shall also be defined by decree of the conditions in which the representative of the State in the department or, in Ile-de-France, the representative of the State in the region, shall ensure the establishment, within two years from the publication of the law n° 2009-323 of 25 March 2009 of mobilization for housing and the fight against exclusion, of the system of the registration of the housing of the housing of the housing of the housing of the same
"The conditions of access to the nominal data of the registration system of applications by the services and legal persons mentioned in the first paragraph are defined by decree in the Council of State.
"No allocation of accommodation may be decided, nor any application considered by an award board if the application has not been registered and the issuance of a single number. »
I. ― The IV of section 120 of Act No. 84-53 of 26 January 1984 on statutory provisions relating to the territorial public service is thus amended:
1° After the word: "body", the end of the third paragraph is thus drafted: "and during the reintegration of these officials under the Public Housing Authority who are placed in one of the situations provided for in 4th of section 57 and 60 sexies, 64, 70, 72 and 75 of this Act. » ;
2° The first sentence of the fourth paragraph is as follows:
"Public servants referred to in the first paragraph may, within one year of the establishment of the classification of jobs in the public office of housing, request the Director General of the Office to be detached from the office, for a period of two years renewable once, in a paid employment according to the provisions applicable to personnel not in the status of the territorial public service employed in the public offices of habitat. » ;
3° The fifth preambular paragraph reads as follows:
"A staff member of the Public Service of Habitat who is placed in one of the positions set out in section 55 of this Act or who is detached from the institution pursuant to the preceding paragraph may request, at any time, to be permanently subject to the provisions setting out the terms and conditions of employment and remuneration of personnel not in the status of the territorial public service employed in the public offices of the habitat. If this request is made within one year of the establishment of the classification of jobs in the Public Housing Office, the Director General of the Office is required to accept it. »
II.-Ordinance No. 2007-137 of 1 February 2007 relating to public offices of habitat is amended as follows:
1° Article 8, I, is supplemented by a paragraph as follows:
"The provisions of Section 1 of Chapter I of Title II of Book IV of the Construction and Housing Code (regulatory part) relating to the remuneration of the directors general of the public development and construction offices are applicable, until the entry into force of the provisions made under Article L. 421-12 of the Construction and Housing Code and no later than July 1, 2009, to the contracts of the general managers of rent » ;
2° Article 9 II reads as follows:
“II. ― Until the establishment, in the public offices of the habitat, of the representative institutions of the staff, provided for in Part II, Part II, Part II, Part II, and Part IV, Title I, of Part IV of the Labour Code and organized in accordance with the provisions of Article 3 of this Order, Decree No. 93-852 of 17 June 1993 the statutory regulation of personnel not subject to the status of the territorial public service employed by the public development and construction boards and amending the construction and housing code, no later than six months from the entry into force of the above-mentioned decree, staff employed by the public housing boards shall be granted the following representative institutions:
« 1° Public servants and non-public servants shall retain advisory bodies governed by the provisions applicable prior to the coming into force of this order.
"In the public offices of housing resulting from the transformation of public development and construction offices, non-territorial public service personnel shall retain representative institutions governed by the provisions applicable prior to the coming into force of this Order. In the public offices of the housing resulting from the transformation of public offices of moderately rented dwellings, a business committee is set up for the same staff, under the conditions provided for by Decree No. 93-852 of 17 June 1993 referred to above;
« 2° By derogation from the provisions of 1°, staff representatives and the general manager of a public housing office may enter into an agreement to establish a representative institution of the single staff for all personnel, called a corporate committee, which replaces the parity technical committee and, where appropriate, the corporate committee. » ;
3° Article 10 is thus written:
"Art. 10.-People who do not belong to the territorial public service employed in the public development and construction offices transformed into public housing offices remain subject to the provisions of Decree No. 93-852 of 17 June 1993 referred to above.
"People who do not belong to the territorial public service employed in the public housing offices resulting from the transformation of public offices of moderate rented dwellings are also subject to the provisions of this Order.
"The same order shall be in compliance with section 3 of this order by October 1, 2009. »
III. ― The building and housing code is thus modified:
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2009-578 DC of 18 March 2009.]
2° Section L. 421-12 is amended as follows:
(a) After the word: "officer", the end of the third paragraph is thus drafted: "officer may be detached from the employment of Director General, as well as the conditions of his reintegration, at the end of the detachment, in a job within the same institution, by derogation from theArticle 3 of Act No. 83-634 of 13 July 1983 the rights and obligations of public servants andArticle 67 of Act No. 84-53 of 26 January 1984 bringing statutory provisions relating to the territorial civil service. » ;
(b) After the third preambular paragraph, a sub-item reads as follows:
"Up to July 1, 2009, the provisions of section 1 of Chapter I of Title II of Book IV of the Construction and Housing Code (regulatory party) relating to the Directors General of the Public Planning and Construction Offices supplement the decree set out in the preceding paragraph. » ;
3° After the article L. 421-24, an article L. 421-25 is inserted as follows:
"Art.L. 421-25.-The right to organize is exercised in the public offices of the habitat under conditions defined by a decree in the Council of State, taken by derogation from provisions of Article L. 2141-10 of the Labour Code. This decree ceases to be in force on the date of the signing of a collective agreement with the same purpose entered into at the national level between the representatives of the National Federation of Public Habitat Offices and representatives of trade union organizations. »
I. ― After section 23 of Act No. 89-462 of 6 July 1989, which aims to improve rental reports and amends Act No. 86-1290 of 23 December 1986, an article 23-1 is inserted as follows:
"Art. 23-1.-When energy saving works are carried out by the lessor in the private parts of a dwelling or in the common parts of the building, a contribution for the sharing of the cost savings can be requested from the tenant of the rented accommodation, from the date of completion of the work, provided that the latter benefit directly and are justified. However, it can only be required provided that a set of work has been completed or that the housing reaches a minimum level of energy performance.
"This participation, which is limited to a maximum of fifteen years, is registered on the notice of maturity and is extended to the leave to the tenant. Its fixed and non-revisable amount cannot be more than half the amount of the estimated energy saving.
"A decree in the Council of State, taken after the advice of the National Commission for Consultation, specifies the conditions for the application of this article, including the list of eligible work to be carried out and the minimum levels of energy performance to be achieved, as well as the modalities for the assessment of energy savings, the calculation of the amount of participation requested to the tenant of housing and the control of these evaluations after work. »
II. ― Section L. 442-3 of the Construction and Housing Code is amended as follows:
1° The first paragraph is preceded by the mention: "I";
2° In the last paragraph, the word "article" is replaced by the reference "I";
3° It is added by a II as follows:
“II. ― Where energy saving works are carried out by the lessor in the private parts of a dwelling or in the common parts of the building, a contribution for the sharing of the cost savings may be requested from the tenant of the leased accommodation, from the date of completion of the work, provided that the latter benefit directly and are justified to it. However, it can only be required provided that a set of work has been completed or that the housing reaches a minimum level of energy performance.
"This participation, which is limited to a maximum of fifteen years, is registered on the notice of maturity and is extended to the leave to the tenant. Its fixed and non-revisable amount cannot be more than half the amount of the estimated energy saving.
"A decree in the Council of State, taken after the advice of the National Commission for Consultation, specifies the conditions for the application of this II, including the list of eligible work to be carried out and the minimum levels of energy performance to be achieved, as well as the modalities for the assessment of energy savings, the calculation of the amount of participation requested to the tenant of housing and the control of these evaluations after work. »
In the third paragraph of Article L. 451-1 of the Construction and Housing Code, after the year: "67", the words "and management associations" are inserted, and the word "and" is replaced by the words "as well as".
In the first paragraph of section 30 of Act No. 48-1360 of 1 September 1948 amending and codifying the legislation relating to the reports of the tenants or occupants of residential or commercial premises and establishing housing allowances, the words: "The basic price of the square metre is determined by decree taken on the report of the minister responsible for reconstruction and urban planning and of the minister responsible for economic affairs, after notice of the square metre
After section 4 of Act No. 70-9 of 2 January 1970 regulating the conditions for the operation of certain transactions relating to immovables and commercial funds, an article 4-1 is inserted as follows:
"Art. 4-1.-The persons referred to in Article 1 who have capitalistic or legal ties with banks or financial companies are required to inform their customers by any means to justify the receipt of this information by them."
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2009-578 DC of 18 March 2009.]
I. ― Sections 29 to 32, Article 36, Article 40, Article II and III of Article 42, Article I and II of Article 43, Articles 44 and 45, Article 66 and Articles 106 to 108 shall apply to Mayotte.
II. ― Section L. 710-1 of the urban planning code is amended as follows:
1° The word and reference: "to L. 127-2" are deleted;
2° The reference: "L. 128-2" is replaced by the reference: "L. 128-3".
III. ― In article L. 710-7 of the same code, the words "in the last paragraph" are replaced by the words "in the penultimate paragraph".
This law will be enforced as a law of the State.
Done in Paris, March 25, 2009.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister of State, Minister of Ecology,
of energy, sustainable development
and landscaping,
Jean-Louis Borloo
The Minister of the Interior,
the overseas and territorial authorities,
Michèle Alliot-Marie
Minister of Economy,
industry and employment,
Christine Lagarde
Minister of Labour, Social Relations,
of the family, solidarity
and the city,
Brice Hortefeux
The Seal Guard, Minister of Justice,
Rachida Dati
Minister of Health and Sports,
Roselyne Bachelot-Narquin
The Minister of Housing,
Christine Boutin
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
______
(1) Act No. 2009-323.
preparatory work :
Senate :
Bill No. 497 (2007-2008).
Report of Mr. Dominique Braye, on behalf of the Committee on Economic Affairs, No. 8 (2007-2008).
Opinion of Ms. Brigitte Bout, on behalf of the Social Affairs Committee, No. 10 (2008-2009).
Opinion of Mr. Philippe Dallier, on behalf of the Finance Committee, No. 11 (2008-2009).
Discussion on 14-17, 20 and 21 October 2008 and adoption, after an emergency statement, on 21 October 2008 (TA No. 3, 2008-2009).
National Assembly :
Bill, passed by the Senate, No. 1207.
Report of Mr. Michel Piron, on behalf of the Committee on Economic Affairs, No. 1357.
Opinion of Mr. Etienne Pinte, on behalf of the Cultural Affairs Committee, No. 1316.
Opinion of Mr. François Scellier, on behalf of the Finance Committee, No. 1402.
Discussion on 27-29 January, 2-5 February, 9 February 2009 and adoption on 10 February 2009 (TA No. 240).
Senate :
Bill, amended by the National Assembly, No. 207 (2008-2009).
Report of Mr. Dominique Braye, on behalf of the Joint Parity Commission, No. 224.
Discussion and adoption on 19 February 2009 (TA No. 54, 2008-2009).
National Assembly :
Report of Mr. Michel Piron, on behalf of the Joint Parity Commission, No. 1476.
Discussion and adoption on 19 February 2009 (TA No. 243).
– Constitutional Council :
Decision No. 2009-578 DC of 18 March 2009 published in the Official Journal of this day.
