What is the right to enforceable accommodation and how to exercise it?
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CONTEXT :

You need emergency accommodation, you find yourself in a situation of incapacity: The DAHO Law can meet your need. What is DAHO and how to exercise it?

The article below answers you.

TIPS:

WHAT IS THE RIGHT TO OPPOSABLE ACCOMMODATION (DAHO)?

If you have requested accommodation but have not received an answer adapted to your needs, you can lodge an appeal with the DAHO mediation commission present in each department, or failing that, with the prefect.

WHAT ARE THE CONDITIONS TO BENEFIT FROM DAHO?

You have previously requested accommodation in transitional housing, hostel housing or a social hotel residence without having received an appropriate response: then you can have recourse to this procedure.

The conditions to be fulfilled to enter the commission are as follows:

  • be of French nationality or hold a valid residence permit,
  • have previously made a request for accommodation and have not obtained an appropriate response,
  • respect the deadlines to enter the commission or to have priority.

Priority people are:
- a person in an irregular situation can be recognized as a priority by the mediation commission, since the Alur Law ,
- people staying in premises unsuitable for habitation or presenting an unhealthy or dangerous nature,
- people who have received a judicial deportation order,
- over-occupied housing or not having the character of decent housing and in which at least one minor child or one disabled person is present.

HOW DOES THE AMIABLE APPEAL BE HELD WITH THE MEDIATION COMMISSION?

Referral to the mediation commission is made by sending a Cerfa form n ° 15037 * 01 by registered letter. The secretariat of the commission will send an acknowledgment of receipt of your appeal.
Do not hesitate to complete your form with all documents that can prove your situation.
The committee will then deliberate in order to determine whether you actually have priority to obtain emergency accommodation.

HOW DOES THE APPEAL BEFORE THE ADMINISTRATIVE COURT WORK?

IF YOU HAVE BEEN RECOGNIZED AS A PRIORITY BUT HAVE NOT RECEIVED A PROPOSAL ADAPTED TO YOUR NEEDS?

In the event that within 6 weeks after the committee's response:

  • despite a positive response from the mediation committee, the prefect could not find you accommodation,
  • the proposed solution is not suited to your situation even though the mediation commission has noted the particularity of your situation and the resulting needs,
  • the mediation committee did not respond to you within 6 weeks

You have an appeal before the administrative court.

You have four months to make this appeal under the same conditions as the appeal open to housing applicants. It is important to attach the decision of the commission.

The administrative court will rule urgently, within 2 months from the date on which you have referred it. He may order your admission to an accommodation structure, transitional accommodation, hostel accommodation, a hotel residence with a social vocation or a relay house, once he finds that your request has been recognized as a priority by the commission and that such a reception was not offered, under a new deadline and with a financial penalty.

If, at the end of this period, you are still not relocated, you can seek compensation before the administrative court to obtain the conviction of the State and compensation.

When your situation is urgent, you can also file a request with the judge, so that he urgently orders the prefect to assign you accommodation. It will then have to rule within 48 hours.

Warning :

These sheets inform you of your rights but it is not enough for you to be right: you still have to prove it.

This is why you must keep written records of your requests and of the important answers given to you orally by the administration because supporting documents may be requested one day. For example, by making / re-making your request by letter with acknowledgment of receipt, of which you keep a copy, or by asking to justify a refusal.