Right to Opposable Housing (Dalo): assert the right to housing
Verified 13 May 2022 - Legal and Administrative Information Directorate (Prime Minister)
If you have not received a proposal for social housing adapted to your situation after an abnormally long waiting period, you can refer the matter to the mediation commission. If you are homeless, or threatened with eviction, or living in a dwelling unfit for habitation, you can refer the matter to the commission without any conditions. If, despite the Board's decision, you are not offered accommodation within the time limit, you may apply to the Administrative Court.
General case
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.
Please note
you can get help from a social worker or from a registered association. You need to ask the prefecture for a list of approved associations in your department.
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
FYI
during the course of your application, the commission may offer you transitional accommodation.
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.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Your application is considered a priority
Accommodation must therefore be provided urgently. The commission then transmits your request to the prefect specifying the characteristics that the dwelling must have.
In its notification to you, the commission states:
- reasons for decision
- and that you risk losing the benefit of this priority decision if you refuse a suitable housing proposal.
It does not consider your request a priority or urgent
You will not be assigned emergency accommodation.
In its notification to you, the Board shall state the reasons for its refusal to consider your application as a priority or urgent matter.
You have 2 months to contest the reasons for rejecting your application:
- by sending the secretariat of the mediation commission a letter signed with the supporting documents of your situation
- or by lodging a dispute with the administrative court. In order to present this appeal, it is not mandatory to take a lawyer. You can also get help from a social worker or a registered association. You can ask the prefecture for a list of approved associations in your department.
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.
FYI
it is also possible to appeal to the administrative tribunal against the prefect's proposal.
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.
In Ile-de-France
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 then send or file the form and supporting documents to the secretariat of the mediation commission:
Who shall I contact
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.
Please note
you can get help from a social worker or from a registered association. You need to ask the prefecture for a list of approved associations in your department.
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
FYI
during the course of your application, the commission may offer you transitional accommodation.
Decision of the Committee
The Mediation Board must issue its decision within 6 months from the date of receipt of your application.
The commission notify then his decision.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Your application is considered a priority
Accommodation must therefore be provided urgently. The commission then transmits your request to the prefect specifying the characteristics that the dwelling must have.
In its notification to you, the commission states:
- reasons for decision
- and that you risk losing the benefit of this priority decision if you refuse a suitable housing proposal.
It does not consider your request a priority or urgent
You will not be assigned emergency accommodation.
In its notification to you, the Board shall state the reasons for its refusal to consider your application as a priority or urgent matter.
You have 2 months to contest the reasons for rejecting your application:
- by sending the secretariat of the mediation commission a letter signed with the supporting documents of your situation
- or by lodging a dispute with the administrative court. In order to present this appeal, it is not mandatory to take a lawyer. You can also get help from a social worker or a registered association. You can ask the prefecture for a list of approved associations in your department.
In Paris:
Who shall I contact
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 6 months.
After this period, if you have not received a suitable proposal, you can appeal to the administrative court.
FYI
it is also possible to appeal to the administrative tribunal against the prefect's proposal.
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.
Who can help me?
Find who can answer your questions in your region
The informants who answer you belong to the ministry responsible for housing and city planning.
Service available during the following hours:
- Monday: 8:30 - 17:30
- Tuesday: 8:30 - 12:15
- Wednesday: 8:30 - 12:15
- Thursday: 8:30 - 17:30
- Friday: 1 pm to 4.15pm
Cost: free service
Attention: the service does not have access to users ' personal records and therefore cannot provide information on their status.
- Departmental Agency for Housing Information (Adil)
- Construction and Housing Code: Article L300-1Right to housing guaranteed by the State
- Construction and Housing Code: items R300-1 to R300-2-2Conditions relating to the applicant's nationality
- Construction and Housing Code: Article L441-2-3Referral to the mediation committee
- Construction and Housing Code: Article L441-2-3-1Appeals before the Administrative Court
- Construction and Housing Code: items R441-13 to R441-18-5Procedure before the Committee
- Code of Administrative Justice: items R778-1 to R778-9Proceedings before the Administrative Court
- Decision of 20 April 2022 listing residence permits
- Circular of 13 December 2017 on the modalities for implementing the right to opposable housing (Dalo) (PDF - 150.5 KB)
- LawyerService-Public.fr
- Legal aidService-Public.fr
- Apply for Social Housing (HLM)Service-Public.fr
- List of residence permits entitled to housing (Dalo)Legifrance
- Île-de-France: social housing application waiting periodRegional and Interdepartmental Directorate of Accommodation and Housing (DRIHL) Ile-de-France
- Province: waiting time according to department (in annexe to the package leaflet) (PDF - 153.7 KB)Ministry of Environment