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The rental license, the weapon of the cities against the sleep merchants

By Anne Thiriet

For Pontoise, it was urgent to act. “The city has more than 6% of unworthy housing identified, when the average of our agglomeration is around 2 to 3%”, laments Stéphanie Von Euw, the mayor. But she drew a legal weapon to prevent the proliferation of such dwellings: the rental permit. “We have determined a precise geographical perimeter, which concerns 1,160 housing units. When one of the owners concerned wants to establish a new lease with a new tenant, he must first ask us for authorization. We voted for this device on February 4, after having requested a delegation of skills in the area of ​​housing to the urban community. It will come into force next October ”, continues the elected.

A limited scope

The municipal services will then have one month to carry out the necessary checks on the condition of the dwelling. Asbestos, electricity, gas and energy performance diagnostics will be requested from the owner, the living area will be checked, as well as the condition of the windows and walls. To be eligible to rent, the main room must have a living area greater than 9 m² and a ceiling height of at least 2.20 meters. Other obligations: heating, drinking water, sewage disposal, and ventilation to prevent humidity and mold.

“In the event of rental without authorization, the offending owner is liable to a fine of 5,000 euros, or even 15,000 euros in the event of a repeat offense”

The device is temporary, while the targeted housing is permanently upgraded. It could be extended to other streets, depending on the findings and audits carried out by the city. “The device must be really implemented, otherwise the signal sent is very bad, observes Stéphanie Von Euw. Cities that established too large a perimeter, or over the entire city, went back because the workload was too heavy for city departments. ” In the event of rental without authorization, the offending owner is liable to a fine of 5,000 euros, or even 15,000 euros in the event of a repeat offense.

Target housing overcrowding

More and more mayors are now seizing the rental permit in private housing, created in 2014 by the Alur law. The city of Cergy plans to implement it on two streets and 50 housing units on October 25, while Saint-Ouen-l’Aumône, which has been experimenting with it since 2020 on 70 housing units, will extend it to 270 additional housing units. It is already in place in Bezons, Sarcelles, and Villiers-le-Bel.
For the mayor of Cergy, it is above all a question of targeting over-occupancy of housing. “The objective is to verify that the tenants do not live in unworthy dwellings, that is to say rented out to several families at the same time, or occupied by too many people”, explains Jean-Paul Jeandon, the mayor, also president of the agglomeration community of Cergy-Pontoise.

Coming soon, the license to divide

In addition, the city will also establish, on the same date, the license to divide. “We found that apartments could be divided, in order to create two or three mini-studios which are rented out to students. We want to better control these changes which can lead to degraded living conditions. ” For Stéphanie Von Euw, this is one of the current market trends, in particular because of the lack of student residences.

“Some owners divide their apartments into ill-suited rooms or small studios, which they rent at a high price, 500 euros for 12 square meters for example”

“Some owners divide their apartments into ill-suited rooms or small studios, which they rent at a high price, 500 euros for 12 square meters for example, which creates major nuisances in the condominium.” The city wants to act gradually, first with the rental permit, then possibly adding additional devices such as the dividing permit.

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