How Tenants Can Spot Unsafe Housing Conditions and Protect Their Rights Against Landlords

Roselyne Conan, General Director of Anil, highlights the significance of understanding decent housing standards through the “Guide to Decent Housing.” Released on December 16, it updates criteria, particularly focusing on energy performance. New regulations mandate minimum energy standards and ventilation requirements for rental properties. Tenants can assert rights if standards are unmet, starting with discussions with landlords, and can escalate issues through formal requests or legal action if necessary.

Understanding Decent Housing Standards

Roselyne Conan, the General Director of the National Agency for Information on Housing (Anil), emphasizes the importance of enabling both tenants and property owners to understand and uphold the standards of decency in housing. Her recent “Guide to Decent Housing,” created in collaboration with the Family Allowance Fund, aims to inform the public about these essential standards. This guide was released on December 16 and reflects the need for updated criteria, particularly in light of the growing focus on energy performance in recent years. It’s important to note that 8% of inquiries received by local Anil offices pertain to inadequate housing, a statistic that continues to rise.

Key Criteria for Housing Decency

The decency criteria, which have been in place since 2002, encompass various aspects that can be evaluated at any point during a rental agreement, whether at the beginning or throughout the lease term. As of January 1, 2023, one significant change requires that all housing must meet a minimum energy performance standard. This standard is defined by a maximum energy consumption limit of 450 kilowatt-hours per square meter of living space annually (kwh/m2/year), a threshold predominantly exceeded by the least energy-efficient properties (rated G+). Tenants and landlords can find this information on the energy performance diagnosis (DPE) label, with plans to lower this threshold by January 1, 2025, to encompass all properties rated G.

Moreover, landlords must adhere to older regulations, especially concerning humidity and essential housing features. Anil highlights that inadequate ventilation often leads to disputes. If issues such as humidity and mold persist despite having ventilation, it may indicate that the property lacks a sufficient ventilation system. In such cases, landlords are required to install a proper ventilation system to ensure adequate air renewal. Additionally, heating systems should not be limited to basic plug-in convectors, and properties must include a grounded electrical socket for appliance use.

The regulations also specify minimum living space requirements. A rental property must have a usable area of at least nine square meters and a ceiling height of 2.2 meters, or alternatively, a minimum volume of 20 cubic meters. Furthermore, primary rooms must receive “sufficient natural light.” Since 2018, housing must also be protected against “unwanted air infiltration,” which disallows non-sealed doors and windows. All ventilation systems must be “in good condition” to promote effective air circulation.

If a property fails to meet these conditions, tenants have various avenues to assert their rights. The first step is to approach the landlord to request necessary improvements. Anil and the Caf advise against rushing into legal action; often, a simple conversation or informal meeting can resolve the issue. It’s possible that the landlord may be unaware of the property’s deficiencies. If needed, follow up with a letter detailing the concerns.

Should the landlord agree to undertake repairs, they are obligated to inform the tenant of the planned actions and timeline through a registered letter with acknowledgment of receipt. For tenants in social housing, assistance in drafting this letter may be sought from the Family Allowance Fund (Caf), local social action centers, departmental councils, or housing advocacy groups.

To ensure that the issue is adequately addressed, tenants can report housing problems to Histologe, a platform designed to streamline the reporting process to relevant authorities, such as local councils, Caf, regional health agencies, or Anil branches. For individuals residing in social housing who receive social housing assistance (ALS) or family housing assistance (ALF), landlords face significant repercussions, as the Caf can withhold allowance payments until the property meets decent living standards, effectively reducing the tenant’s rent by the amount of their housing assistance.

In the private rental sector, or if a landlord is uncooperative, tenants should take a firmer stance by sending a formal request for action via a registered letter with acknowledgment of receipt. Should the landlord still not respond or dispute the claims, tenants can pursue conciliation by contacting a justice conciliator or the Departmental Conciliation Commission, a free service aimed at facilitating amicable resolutions. If these efforts do not yield results, legal action may be the only recourse left to compel the landlord to undertake necessary renovations to the property.

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