The Foundation is pleading to “increase the maximum level of fine” which is currently “not very dissuasive”, its director of studies, Manuel Domergue, indicated on franceinfo on Thursday.
“We see that there is a trend towards better respect for rent controls in Paris”, but this trend “is still fragile”, underlined Thursday October 5 on franceinfo Manuel Domergue, director of studies at the Abbé Pierre Foundation, the day of the publication of his third barometer on the subject, while rent control is progressing in Paris and in several large cities in France , according to the Abbé Pierre foundation barometer made public on Thursday. Thus in Paris, the share of rental advertisements which exceed the legal ceiling is decreasing. From 31% in 2022 and 35% in 2021, this rate fell to 28% in 2023.
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For Manuel Domergue, it is necessary “sanctions against owners who do not respect this law”because “this is not an option”. The Foundation advocates for “increase the maximum fine level” which is currently not “not very dissuasive”.
franceinfo: Is the drop in rental advertisements which exceed the legal ceiling due to rent controls?
Manuel Domergue: Yes. It’s still an interesting trend that is still fragile. But we see that there is a trend towards better respect for rent controls in Paris, where it has been in place since 2019. So we can think that landlords and tenants are starting to get used to, to understand this measure . In the first months, it’s normal for there to be a bit of ignorance. And then the Paris town hall made efforts. It took over the competence of the State to enforce rent controls. It has put in place easier procedures for tenants. And it contacted, in a fairly proactive manner, the landlords who do not respect this framework and began to issue fines, while the prefecture, the State previously, did almost nothing. So it takes time. We have been talking about this rent control for a very long time, but it is starting to be put in place.
Does this happen in the same way elsewhere than in Paris?
There has been a rather positive trend, particularly in Lille which implemented the framework around the same time as Paris. We also see cities like Bordeaux where things are improving, or like Lyon and Villeurbanne. There are other cities where it is a little early to have an assessment. We may have to do it next year. Local stakeholders must also learn to understand this measure. And above all, we need to provide information and support for tenants, because very few know how it works to challenge abusive rent. And there have to be fines. There must be sanctions against owners who do not respect this law. The law is not optional. The question of the amount of rent is not something incidental.
“The average excess that we have observed in France is 200 euros per month. This means that all tenants, if this law were respected by everyone, would earn 200 euros per month. ain’t nothing.”
Manuel Domergue, director of studies at the Abbé Pierre Foundationat franceinfo
What do you say to tenants in the cities who are affected and who, for some, are not aware that rent controls affect them?
We tell them, go to the websites which explain to you what is the maximum rent level that the lessor must respect. And if you realize that this is not the case, try amicable mediation with the lessor. And then, if that is not enough, you must contact the town hall or the prefecture. There is a departmental conciliation commission. You must have your rights respected. You risk nothing. The landlord does not have the right to give you notice because you contested the rent. So you have to try your luck. Afterwards, everything must not rest on the action of the tenants. We really need a lot more information and action to sanction landlords.
Are cities providing enough information and support to tenants on the subject?
We see that the Paris town hall, but also Lille, and even Lyon, are making special efforts. Afterwards, it will take a little time because we are coming out of years of laxity where a landlord had an interest in not respecting the law because he risked almost nothing. We must make everyone understand that this law must be respected, otherwise sanctions will come. Perhaps we should also increase the maximum fine level, (currently) 5,000 euros. When we can exceed (the ceiling) by 2,000 to 3,000 euros per year, a potential and very rare sanction of 5,000 euros, it is not very dissuasive.
“All those involved in real estate, CAFs, real estate agents, must also enforce this law among the people they support.”
Manuel Domergue, director of studies at the Abbé Pierre Foundationat franceinfo