Right to Opposable Housing (Dalo): assert the right to housing

You must complete 3 following conditions :

• Be French or dispose a valid right or residence permit
• Do not be able to stay in a decent and independent accommodation on your own
• Fill resource requirements for social housing

In addition, you must be in at least one of the following :

• Be a social housing applicant after abnormally long delay (time varies from department to department ) without having received a proposal adapted to your needs (for example: number of persons to be accommodated) and capacities (e.g.: rent adapted to your resources)
• Being homeless (homeless, homeless, ...)
• Have a court order evicting you from your home
• Be hosted in an accommodation or social residence continuously for more than 6 months, or be temporarily accommodated in a transitional housing or home more than 18 months
• Accommodation in premises unfit for habitation, unsanitary or unsafe (including insecurity due to crime)
• Be disabled, or have a disabled person dependent on you, or have at least one minor child dependent on you, and occupy indecent housing or overworked
• Be disabled, or have a disabled person at your disposal, and be accommodated in accommodation not adapted to this disability

To refer the matter to the Mediation Board, you must:

• Fill out the cerfa form #15036
• Provide the supporting documents indicated on the explanatory note to the form

Amicable appeal to the departmental mediation commission for a housing offer

You must send or file the form and supporting documents to the secretariat of the mediation commission. To find out his contact details, you can ask your prefecture or visit his website.

Once your file has been received by the Commission Secretariat, it will send you an acknowledgement of receipt. The acknowledgement shall state the date which gives the starting point of the time-limit left to the Commission to render its decision.

Request statement

The Mediation Board shall give an opinion on whether or not your application is a priority, taking into account the following criteria:

• Size and composition of fireplace
• Health status and physical abilities or disabilities of people who will live in the home
• Places of work or activity and availability of means of transport
• Proximity of equipment and services needed to meet your needs

Decision of the Committee

The mediation board must issue its decision within 3 months of the date of receipt of your application.

The commission notify then his decision.

From notification of the decision of the mediation commission recognising your request as a priority, the prefect must make proposals for accommodation adapted to your needs and capacities, within 3 months.

After this period, if you have not received a suitable proposal, you can appeal to the administrative court.

Procedure

It is possible to take action when you have been recognised as a priority for emergency housing, but have not received a proposal adapted to your application for social housing within the time limits set by the prefecture.

You must appeal within 4 months of the end of the period left to the prefect to make his housing proposals.

The court should be provided with a copy of the decision of the Mediation Board recognising you as a priority and requiring urgent accommodation.

To submit the appeal to the administrative court, it is not mandatory to take a lawyer. You can also get help from a social worker or a registered association. You should ask the prefecture for a list of approved associations in your department.

Decision of the Administrative Court

The administrative court has 2 months to decide. The judge may require the ministry responsible for housing to provide you with accommodation if he finds that:

• you have been designated by a mediation board as a priority and in need of emergency accommodation
• and that you have not obtained accommodation adapted to your needs.

The appeal you have made does not entitle you to any compensation. However, you can hire a recourse for compensation if you feel you have suffered harm.