“Protection of the right to property” against “Anti-squat frenzy” : deputies had heated debates on Wednesday September 30 on a device aimed at simplify the eviction of squatters from second homes, a subject relaunched by the resounding misadventure of a retired couple in the South.
A vote could not be organized before the end of the session at the end of the evening because of the number of exchanges and numerous amendments aiming to harden or on the contrary to soften the initial text. The debates are to resume this Thursday.
The text is part of law Project “Acceleration and simplification of public action” (Asap), a catch-all document intended to simplify the procedures and daily life of administrations, companies and individuals.
The provision provides for amending the 2007 Law on the enforceable right to housing (Dalo) by extending the notion of « domicile », that he “Whether or not it is his main residence”.
This formulation adopted Wednesday thanks to an amendment of rapporteur Guillaume Kasbarian, supported by the governmentt, replaces the initially chosen term of “Occasional residence”, which had raised criticism because of its legal vagueness.
Once the squat has been discovered and the facts denounced to the police, the owner of the accommodation, or his beneficiaries, will contact the prefect, who will have 48 hours to respond before giving notice to the squatter (s) to leave the premises. .
“Some cases mounted in hairpin”
This administrative procedure should make it possible to act more quickly to obtain an expulsion than an appeal through the courts, which can take years.
The deputies wished to bounce back on the occupation of the property in the South of a retired couple from Lyon, for nearly three weeks, from the second half of August, by a family and their children. The case, as well as other comparable cases, had received a lot of media coverage.
On the right, the Republicans in particular have unsuccessfully tabled numerous amendments to toughen the system, in particular by extending it to any form of illegally occupied real estate.
“The first victims of squats (.) Are people who don’t have much”, launched Julien Aubert. Several of his LR colleagues have made numerous references to cases of elderly or low-income people being robbed by squatters.
On the left, Loïc Prud’homme (LFI), called for “Do not hysterize the debate on questions of property rights” when “People are dying outside” lack of accommodation.
Communist André Chassaigne also deplored that supporters of strengthening the anti-squatting system are relying on “Some cases mounted in hairpin”.
Housing Minister Emmanuelle Wargon, who came to support the text, considered that it provided for measures “Balanced” intended to respond to situations “Emergency”.
A “Extension to all real estate properties seems disproportionate to me”, she said, stressing that the judicial route remained open for cases that would not be covered by the new administrative appeal system.
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