The Council of State cancels the authorization to rent accommodation with a ceiling height of 1.80 m

The highest administrative court did not rule on the substance, but partially rejected the text, arguing that it had not been submitted for consultation to the High Council for Public Health.

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The Council of State in Paris, February 20, 2024. (MARTIN NODA / HANS LUCAS / AFP)

The Council of State has annulled the most contested points of a government decree dated July 29, 2023, in a decision consulted on Saturday, August 31 by AFP. This decree relating to the “hygiene and sanitation rules for residential premises” significantly relaxed the rental criteria, allowing in particular the rental of accommodation “atypical” with a ceiling at least 1.80 metres high or less than two metres wide. The Council of State did not rule on the substance, but partially rejected the text, arguing that it had not been submitted for consultation to the High Council for Public Health.

In its decision, the highest French administrative court also ordered the State to pay the sum of 3,500 euros to the association Droit au logement, which initiated the appeal, which was joined by the Abbé-Pierre Foundation, Secours Catholique, ATD Quart-Monde, the National Housing Confederation and the Solidaires union. “It’s a victory for tenants in the hands of slum landlords, large and small”welcomed the association Droit au logement. However, it regretted that the Council of State did not cancel the provisions of the decree authorizing in particular “renting one-room apartments with a toilet 30 m away as the crow flies”.


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