In principle, when you are recognized as a priority for the allocation of social housing following an application for Entitlement to Entitlement to Entitlement to Entitlement to Entitlement to Entitlement to Entitlement (DALO), the prefecture has a period of 3 or 6 months to offer you accommodation adapted to your needs and abilities.

If the offer is adapted and you reject this offer without good reason, you are no longer recognized as a priority and you lose your right to compensation. However, if the proposed accommodation is not suitable, the prefecture has not fulfilled its obligation to provide you with accommodation. You then retain your right to compensation.

In the present case, the person concerned, aged 66 and suffering from handicapping joint pain, submits to the DALO Mediation Committee that the proposed accommodation is located at 9^e floor. Furthermore, the elevator failure noted during the visit is described as a recurring problem by the building’s caretaker.

The administrative court refused her claim for compensation. The Conseil d’État considers that the administrative court erred in law in holding that the refusal caused the person concerned to lose her right to compensation. The administrative court does not examine whether the person concerned has a overriding reason to justify his refusal.