Right to opposable housing (Daho)
Verified 20 October 2020 - Directorate for Legal and Administrative Information (Prime Minister)
If you have made a request for accommodation but have not been offered accommodation adapted to your situation, an appeal is possible. You can enter a mediation commission. The commission may grant you a favorable decision. In this case, you can apply to the administrative court to exercise your right to opposable accommodation (Daho) if you do not receive proposals for accommodation within certain time limits.
An enforceable right to accommodation (Daho) is guaranteed by the State if you have not received an appropriate response to your requests to be accommodated in a accommodation facility.
This right is different from right to opposable housing (Dalo) relating to applications for accommodation of persons who fulfill certain conditions (including resources).
This includes you if you are in one of the following situations:
- Homeless/Homeless
- Accommodation with a third party
- Residence at the hotel
To refer the matter to the mediation committee, you must first meet 2 conditions:
- Having requested a reception in a accommodation facility, a transitional housing, a home or social residential hotel
- Have not received any accommodation proposals
Formality
Your appeal must be made to the mediation commission through a form.
Your form must be accompanied by supporting documents mentioned on the form's notice.
Please note
to present the appeal, you can have a social worker or a registered association assist you. You should ask the prefecture for a list of approved associations in your department.
The complete file (form and supporting documents) must be sent or filed with the secretariat of the mediation commission, whose contact details can be found on the website of each prefecture.
General case
Upon receipt of the file, the prefecture issues you an acknowledgement of receipt, the date of which gives the starting point of the period left to the commission to decide.
In Paris
Upon receipt of the file, the prefecture issues you an acknowledgement of receipt, the date of which gives the starting point of the period left to the commission to decide.
Instruction time
The mediation commission has 6 weeks to decide on the priority of your situation and grant you a right to be housed in an emergency.
From the mediation commission's reply, the prefect has a 6-week deadline to make a proposal for accommodation. This period may be extended to 3 months if the mediation commission has advocated the provision of transitional housing or residential housing.
After this period, if you have not received a proposal for accommodation, you can appeal to the administrative court.
Approach
You must appeal to the administrative court within a maximum of 4 months from the end of the period left to the prefect to make his accommodation proposals (6 weeks or 3 months).
Who shall I contact
Your appeal must be accompanied by the decision of the mediation commission recognizing you as a priority and requiring urgent accommodation.
It is not mandatory to take a lawyer. You can also get help in your process from a social worker or a registered association in your department.
Response time
The administrative court has 2 months from your appeal to decide. He may order the prefect, possibly under penalty, to provide accommodation if you have been identified as a priority and must be accommodated in an emergency, but have not received an appropriate response. You can get damages for the damage suffered.
- Building and Housing Code: Article L300-1Right to opposable housing
- Building and Housing Code: Article L441-2-3Referral to the mediation committee
- Building and Housing Code: Article L441-2-3-1Referral to the Administrative Court
- Building and Housing Code: Article L441-2-3-3Accommodation obligation
- Code of Administrative Justice: Articles R778-1 to R778-9Proceedings before the Administrative Court
FAQ
- Social accommodationService-Public.fr