" Chapter I

"Public Habitat Offices

" Section 1

"General

" Art. L. 421-1. -Public offices of the habitat are local public establishments of an industrial and commercial
. The object is:
" 1 ° To carry out, mainly for the purpose of leasing, operations satisfying the conditions laid down in Articles L. 351-2 and L. 411-1 and to manage the buildings subject to these operations;
" 2 ° To carry out on their behalf or on behalf of third parties, with the agreement of the communities or communities concerned, all interventions Land, actions or development operations provided for in the planning code and this code, without the provisions of Article L. 443-14 of the latter code applicable to transfers of buildings rendered necessary by those Realizations;
" 3 ° To manage buildings for primary use belonging to bodies belonging to the first two rental sectors defined by Article 37 of Law No. 82-526 of 22 June 1982 or to non-profit organizations or To the recognised association referred to in Article 116 of the Finance Law for 2002 (No. 2001-1275 of 28 December 2001) or to real estate civil companies whose shares are held at least 99 % by that association, as well as the buildings made All of these organizations for the purposes of home ownership. They may also manage, as trustees of condominiums and property administrators, after agreement by the Mayor of the Municipality of Implementation and under the conditions laid down in Article L. 442-11, housing situated within the scope defined for A planned operation to improve the habitat referred to in Article L. 303-1 as well as housing belonging to private and vacant persons for more than a year;
" 4 ° To achieve, as a service provider, operations Relating to any building for primary use. They may also perform services on behalf of trade unions of co-owners of buildings which are the subject of a safeguard plan pursuant to Article L. 615-1 or situated within the scope defined for an operation Habitat Improvement programmed under Article L. 303-1;
" 5 ° To carry out or acquire and improve, in addition to their rental activity, for sale to natural persons as principal residences, housing Intended for persons of modest resources and respecting maximum selling prices fixed by the administrative authority, or where a satisfactory supply of such accommodation is not provided in an islet, neighbourhood or municipality, or on demand The territorial community in the context of an action or operation to develop or implement the objectives of urban renewal and social mix provided for in the city contracts;
" 6 ° To attend as a Service provider, under conditions specified by decree in the Council of State, of natural persons and construction companies established pursuant to Title I of Book II for the construction and management of buildings, for use Of housing or for professional and residential use or intended for such use, in accession to the property;
" 7 ° To construct, acquire, carry out work, manage buildings for residential use or for professional and residential use in view Their rental-accession;
" 8 ° To acquire and lease to bodies approved by order of the prefect of hotels, furnished or not, intended for temporary accommodation of persons in difficulty;
" 9 ° Build or acquire, Develop, maintain, manage or give management to natural persons or legal persons in hotel residences provided for in Article L. 631-11;
" 10 ° To subscribe or acquire shares of civil societies Real estate having as its object the realization of residential or professional and residential buildings intended for access whose resources do not exceed the ceilings fixed by the administrative authority, to be a trustee of coproperties Real property and performing the duties of a property administrator for the same buildings;
" 11 ° To sell works of buildings to the bodies referred to in Article L. 411-2 and to, or to acquire from, mixed-economy companies By contract of sale of building to be constructed under sections L. 261-1 and following.
" A decree of the Council of State shall specify the powers of the public offices of the habitat and determine the procedures for their
. Art. L. 421-2. -Public housing authorities may also subscribe or acquire:
" 1 ° Shares or shares issued by a moderate-rent housing corporation, joint development, construction and housing management companies Social and anonymous organizations coordinating low-rent housing organizations;
" 2 ° Shares in the capital of private cooperative companies of collective interest for the accession to the property governed by Articles L. 215-1 to L. 215-10;
" 3 ° Shares of civil societies governed by Articles L. 443-6-2 et seq.
" Art. L. 421-3. -Public housing authorities may, in the alternative, and as service providers:
" 1 ° On behalf of the State, local authorities or public establishments, carry out and maintain the construction Related to habitat;
" 2 ° Realize on behalf of other organizations of low-rent housing units the provision of services for missions falling into the social object and the territorial competence of these bodies and agencies Providers;
" 3 ° A trustee of a condominium or an administrator of immovable property built, constructed or acquired either by them or by another moderate rent housing agency, a territorial community, a mixed economy or A non-profit organisation, the association referred to in Article 116 of the abovementioned financial law 2002 or one of the civil real estate companies whose shares are held at least 99 % by that association;
" 4 ° Perform, in Conditions specified by decree, on behalf of associations or organisations recognised in the field of social housing, the provision of services for operations or actions designed to promote the social inclusion of persons and the mixing thereof Urban and social cities;
" 5 ° With the agreement of the prefect and the mayor of the settlement, manage, as administrators of property, accommodation located in condominoproperties with significant operational difficulties Or trustees of these co-properties. In those same joint properties, where they are the subject of a safeguard plan pursuant to Article L. 615 -1, they may, in accordance with conditions laid down by decree in the Council of State which may derogate from the rules applicable to housing for rent Moderate, acquire lots for resale, perform all jobs and lease them on an interim basis;
" 6 ° Carry out social leisure accommodation, ensuring, where appropriate, all the tasks of the owner. A decree in the Council of State defines the conditions for the financing of these accommodation and the nature of the bodies on whose behalf they are made;
" 7 ° Perform design, construction, maintenance or maintenance operations Hospital or medico-social equipment for the purposes of a public health institution;
" 8 ° Carry out works, acquire, construct and manage residential buildings for the benefit of the police and the National gendarmerie, departmental fire and rescue services or prison services, as well as the premises ancillary to these buildings and the premises necessary for the operation of the gendarmeries
Art. L. 421-4. -Public habitat offices can:
" 1 ° leasehold vacant dwellings to sublease them to natural persons under the conditions laid down in Articles L. 444-1 and following;
" 2 ° Perform for their Sale, under the conditions laid down in Articles L. 261-1 to L. 261-22, to the recognised association referred to in Article 116 of the abovementioned Finance Act 2002 or to real estate civil companies whose shares are held at least 99 % by this Association, residential rental property for rental purposes;
" 3 ° Carry out for sale, in accordance with the conditions laid down in Article L. 261-3, on behalf of public or private persons, buildings for use The principal residence of which they may temporarily hold the usufruct in accordance with the procedures laid down in Articles L. 253-1 to L. 253-5;
" 4 ° Carry out service on behalf of the registered association mentioned in Article 116 of the The abovementioned financial law for 2002, or real estate civil societies whose shares are held at least 99 % by this association, under conditions laid down by decree in the Council of State;
" 5 ° Ensuring the stewardship of civil societies Real estate governed by Articles L. 443-6-2 and following.
" Art. L. 421-5. -The activity of the public housing authorities shall be carried out in the territory of the area where the territorial community or the public establishment to which they are attached is
. They may also intervene on the territory of the departments Boundary of this region, after agreement of the settlement municipality.
" Art. L. 421-6. -Habitat public offices can be attached:
" 1 ° A public establishment of competent inter-communal cooperation in the field of habitat;
" 2 ° A department;
" 3 ° A municipality, since it is not a member of a Public establishment of competent inter-communal cooperation in the field of habitat
These provisions do not preclude, after the publication of Order No. 2007-137 of 1 February 2007 on public housing authorities, a The public establishment of low-rent housing remains, after its conversion to a public service office, attached to a union of communes or to a municipality member of a public institution of competent inter-communal cooperation in the field of Of habitat, if attached prior to this publication, or to the application of the special status of the interdepartmental office of Essonne, Val-d ' Oise and Yvelines governed by Decree No. 67-1223 of 22 December 1967 concerning public offices D' habitation à rent Moderate de la région parisienne.
" Art. L. 421-7. -The public offices of the habitat shall be established by decree at the request of the legislative body of the territorial community or of the public connecting and dissolved establishment under the same conditions, except in the case provided for in Article L. 423-1 and When they are party to a merge of offices.
" One or more public habitat offices may, by way of a merger, transmit their heritage to a public office of the existing habitat. The merger will result in the dissolution without liquidation of the Offices which disappear and the universal transmission of their heritage to the public service of the receiving habitat, in the state in which it is at the date of final achievement of the Operation.
" The change of territorial or public establishment of an Office, the change of its name, and the merger of several offices shall be pronounced by the prefect upon request of the organs The deliberative of the territorial authorities and the public institutions concerned, under conditions laid down by decree in the Council of State.

"Section 2

" Public Office Administration

" Art. L. 421-8. -The Board of Directors of the Office is composed of:
" 1. Members representing the territorial community or the public connecting establishment, designate within their deliberative body and among persons qualified to the Looking at the Office's interventions in the area of habitat policy;
" 2 ° Qualified persons appointed by the institutions of which they are drawn, among the family allowance funds, the departmental union of the Family associations of the headquarters department, the partners of the collectors of the participation of employers in the construction effort in the headquarters department, the most representative trade unions in the headquarters department ;
" 3 ° At least one representative of associations whose objects are the insertion or housing of disadvantaged persons;
" 4 ° Renters representing the tenants of the Office, elected by the latter under the conditions laid down in Article L. 421-9;
" 5 ° A representative of the works council of the Office, in accordance with Article L. 432-6 of the Labour Code, which has a consultative
. Members appointed by the territorial community or The public connecting party has the majority of seats. Tenant representatives have at least one sixth of the seats.
" The Board of Directors shall elect a Bureau to which it may delegate in certain matters. The office is chaired by the Chairman of the Board of Directors.
" The prefect of the head office of the Office shall be the Commissioner of the Government
An Order in Council of State shall specify the conditions for the application of this Article, in The manner in which the territorial community or the public connecting institution determines the total strength of the board of directors.
" Art. L. 421-9. -Representatives of tenants on the Board of Directors of the Office shall be elected on lists of candidates submitted by associations working in the field of housing
These associations must be independent of any party Political or organization of a philosophical, religious, ethnic or racial nature and not to pursue collective interests which would be in contradiction with the objectives of the social housing fixed by the code of construction and Housing, and in particular by Articles L. 411 and L. 441, or the right to the city defined by Act No. 91-662 of 13 July 1991 for the
. In the case of a merger of several public habitat offices, and up to the election that Follows, the members elected by the tenants on the boards of directors of the offices which have contributed to the merger are among them the lessees called to sit on the new board of directors. Otherwise, the latter are designated by the prefect.
" A decree of the Council of State shall lay down the conditions for the application of this Article
Art. L. 421-10. -The Board of Directors regulates the affairs of the Office by its
. Art. L. 421-11. -The chairman of the board of directors shall be elected by the board of directors from among the representatives designated by the territorial authority or the public connecting institution within their deliberative
. Art. L. 421-12. -The Director General shall direct the activity of the Office within the framework of the general guidelines laid down by the Management
. In the public housing authorities, subject to financial and accounting management, the rules of the He is the authorising officer for expenditure and revenue.
" Art. L. 421-13. -Any member of the board of directors who, without legitimate reasons, has not travelled to three successive summons, may, after having been put in a position to present his observations, be declared to resign by the prefect. It is immediately replaced.
" Art. L. 421-14. -In the event of an irregularity or serious misconduct by an Office or a failure of its Board of Directors, the Minister responsible for housing and the Minister responsible for the territorial authorities may decide on one or more of the Following sanctions:
" 1. To return to the Office, for a period not exceeding five years, the possibility of exercising one or more of its competences;
" 2 ° Revoke one or more members of the responsible board of directors Irregularity, fault or deficiency;
" 3. Prohibit members, after their dismissal, or former members of the Board of Directors, if they are found to be responsible for irregularity, fault or deficiency, to participate in the Board The administration, the supervisory board or the Executive Board of a moderate rent housing agency for a period of not more than ten years;
" 4 ° Dissolve Board of Directors.
" Prior to the delivery of such sanctions, The President of the Office and, in the cases mentioned at 2 ° and 3 °, the persons liable to be put into question, shall be in a position to submit their observations. The decisions taken shall be communicated, where appropriate, to the Board of Directors of the Office at its next meeting
In the event of dissolution of the board of directors, the minister responsible for housing and the minister responsible for the communities Territorial authorities appoint a provisional administrator to which all the powers, including administration and representation, the board of directors, the chairman and the directors, are transferred. It shall be terminated under the same conditions on the mission of the provisional administrator. The duration of the provisional administration may not exceed two years from the ministerial decision. At the end of the provisional administration, a new board of directors is appointed. To this end, the Prefect initiates the procedures for the appointment of members of the new board of directors other than representatives of tenants.

"Section 3

" Financial, Budget and Accounting Management

"Subsection 1

" Common Provisions

" Art. L. 421-15. -The resources of the public housing offices include:
" 1 ° Rents;
" 2 ° The contributions granted to them by the State, the local authorities, the public institutions and all other persons Interested public or private corporations;
" 3 ° The proceeds of the borrowings they took;
" 4 ° Compensation for services provided;
" 5 ° Proceeds from the sale of movable and immovable property;
" 6 ° Donations and bequests;
" and Generally all authorized financial contributions and contributions.
" Art. L. 421-16. -In addition to those provided for in Article L. 1612-15 of the General Code of Local and Regional Authorities, the following charges shall be regarded as compulsory expenditure for the public offices of the habitat:
" 1 ° endowments to Capital assets depreciation;
" 2 ° Deals with derogations;
" 3 ° Allocations;
" 4 ° Depreciation charges to be distributed over several years.
" Art. L. 421-17. -In financial and accounting management, the public offices of the habitat are subject either to the rules applicable to business enterprises or to the rules of public
. The financial and accounting system shall be chosen by Deliberation of the board of directors under conditions specified by decree in the State Council.
" Art. L. 421-18. -Funds belonging to the public housing offices may be placed only in securities issued or guaranteed by the Member States of the European Community or other States Parties to the Agreement on the European Economic Area, or in shares or shares Collective investment undertakings in securities dealing exclusively with securities issued or guaranteed by the Member States of the European Community or other States Parties to the Agreement on the European Economic Area, denominated in euro.

"Subsection 2

" Public
Habitat Offices subject to public accounting rules

" Art. L. 421-19. -The financial and accounting provisions laid down in the general code of the territorial authorities shall apply to the public offices of the habitat subject, in matters relating to financial and accounting management, to the rules of public accounting, in The following conditions:
" 1 ° The budget of the Office is the act by which the annual revenue and expenditure of the Office is foreseen and authorized; it is presented by the Director General of the Office to the Board of Directors and voted by The latter;
" 2 ° The budget consists of a forecast profit and forecast account.
" The result of the forecast result account is taken up in a self-financing capacity calculation table Forecast, which appears in the forecast financing table.
" The budget of the Office is divided into chapters and articles;
" 3 ° For the application of Articles L. 1612-1, L. 1612-10, L. 1612-11 and L. 1612-16 of the general code The territorial communities, the estimated income statement corresponds to the operating section and the estimated financing table corresponds to the investment section;
" 4 ° Notwithstanding the provisions of Article L. 1612-4, L. 1612-6 and L. 1612-7 of the General Code of Territorial Communities, the budget of the Office is voted in real equilibrium under conditions laid down by decree in the Council of State;
" 5 ° The appropriations entered in the budget have a character Evaluative, with the exception of those on a list of chapters, which are of a limiting nature. This list shall be established by joint order of the Minister responsible for the budget, the minister responsible for housing and the minister responsible for territorial communities;
" 6 ° For the application of Articles L. 1612-2, L. 1612-5, L. 1612-8 and L. 1612-14 of the Code General of the local authorities, the appropriations are of a limited nature when the prefect rules the budget and makes it enforceable;
" 7 ° Program authorities are voted for by specific deliberation of the attached Board of Directors To the budget.
" An Order in Council of State shall determine the conditions for the application of this Article
Art. L. 421-20. -As stated in the IV of Article 116 of the Finance Law for 2003 (2003-1311 of 30 December 2003) and in Article 126 of Act No. 2004-1485 of 30 December 2004 of 2004, the public offices of the habitat submitted in Financial and accounting matters to the rules of public accounting deposit their funds with the State, the Caisse des deposits et consignations ou de la Banque de France.
" They may be authorized to deposit the funds of their Revenue on an account opened in a credit institution which has obtained approval under the provisions applicable in the Member States of the European Community or the other States Parties to the Agreement on the European Economic
. " They can also make deposits on an open-term account with the State, the Caisse des Depots et Consignations or the Banque de France, as well as on a first booklet of the Caisse Nationale d' épargne ou des caisses d' épargne et de Foresight.

"Subsection 3

" Public
Habitat Offices Subject to Commerce Accounting Policies

" Art. L. 421-21. -The financial, budgetary and accounting provisions laid down in the general code of the local authorities shall apply to the public offices of the habitat subject, in financial and accounting management, to the rules applicable to the Business enterprises, under the following conditions:
" 1 ° The provisions of Articles L. 1612-1, L. 1612-3, L. 1612-4, L. 1612-6 to L. 1612-7, L. 1612-10 to L. 1612-14, L. 1612-16 to L. 1612-18 and L. 1612-19-1 of the general code of communities Territorial are not applicable;
" 2 ° The Office's budget consists of an income statement and a forecast financing table at the end of the year. The forecast profit account shall be presented as the profit and loss account provided for in Article L. 123-12 of the Commercial Code. Budget is evaluative;
" 3 ° The budget shall be adopted no later than 31 March of the financial year to which it applies. The discussions modifying the budget of the Office may take place up to the end of the period to which they apply. The budget and the amending decisions shall be transmitted to the prefect within 15 days of their adoption;
" 4 ° For the application of Articles L. 1612-2, L. 1612-5 and L. 1612-8 of the general code of local authorities, the appropriations shall have a Limiting character when the prefect rules the budget and makes it enforceable;
" 5 ° The forecast profit account is in balance when the loads are fully covered by the products. Is not considered to be in disequilibrium the budget for which the forecast profit account appears in surplus;
" 6 ° When the Regional Chamber of Accounts was seized in application of the 4 °, the deliberations amending the budget of The Office and related to the same exercise shall be transmitted by the Prefect to the Regional Chamber of Accounts. In addition, the adoption of the accounts must take place before 30 June of the following year;
" 7 ° The vote of the Board of Directors adopting the accounts shall take place no later than 30 June of the year following the financial year. The accounts shall be transmitted to the prefect within 15 days of their adoption. Failing this, the latter seizes, in accordance with the procedure laid down in Article L. 1612-5 of the General Code of Local and Regional Authorities, the regional chamber of the accounts of the closest budget voted by the Office;
" 8 ° Where, after verification of their The accounts of the Office show a deficit, the Regional Board of Accounts, seized by the Prefect, shall propose to the Office the measures necessary for its financial recovery, within one month of the date of such referral. In this case, the Prefect shall transmit to the Regional Board of Auditors the budget for the following financial
. Art. L. 421-22. -As stated in the IV of Article 116 of the Finance Law for 2003 (No 2003-1311 of 30 December 2003), the public offices of the habitat submitted in financial and accounting matters to the rules applicable to business enterprises file their Funds from the State, the Caisse des Depots et Consignations, the Banque de France or from a credit institution which has obtained an authorisation under the provisions applicable in the Member States of the European Community or Other States Parties to the Agreement on the European Economic
. They may also make deposits on an open-term account with the State, the Caisse des Depots et consignations, the Banque de France or the Bank of France. Credit institution having obtained approval under the provisions applicable in the Member States of the European Community or the other States Parties to the Agreement on the European Economic Area, as well as on a first booklet of the National Savings Bank or Savings and Contingency Funds.

"Section 4

" Staff Management

" Art. L. 421-23. -For the management of agents under Law No. 84-53 of January 26, 1984, in operation in the Office or placed in one of the other headings listed in Article 55 of that Law, the Board of Directors of the Office shall constitute the Assembly Deliberative and the Director General, the territorial authority.
" Art. L. 421-24. -Collective agreements, in particular on the classification of posts and on the basic pay scales of staff employed in the public housing offices, other than those under the territorial civil service, are Concluded at national level between representatives of the National Federation of Habitat Public Offices and representatives of representative trade union organisations, under conditions laid down by decree in the Council of State, in particular as regards Delays in negotiation.
" A decree in the Council of State lays down the provisions according to which the classification of posts and basic pay scales is defined in the absence of a collective agreement. "