A disabled worker may benefit from a transfer of a HLM lease

A disabled worker lived with his mother in a low-income apartment that she rented. On the death of his mother, the business HLM refused him the transfer of the lease because of its resources and the size of the 4-room dwelling which was not adapted to his situation.

In fact, the law provides that descendants must meet resource conditions and that the size of the dwelling must be adapted to the household in order to benefit from a transfer of the lease.

However, these conditions are not required for descendants who have a disability in civil life and who have lived with the deceased tenant for more than a year.

The HLM business argues that this exception does not apply to disabled workers. The first judges agreed with the HLM business and allowed the eviction.

The Court of Cassation does not share this view and considers that the transfer of the lease may also benefit the disabled worker without conditions.