Are some people too rich to occupy their low-income housing (HLM)? The Minister for Housing, Guillaume Kasbarian, responded in the affirmative in an interview with the newspaper Les Échos published this Thursday. “We must re-examine the relevance of continuing to occupy social housing for those who have largely exceeded the income ceilings,” he insisted.
A bill intended in particular to facilitate the mobility of tenants should soon be presented to the Council of Ministers. While awaiting a legislative change, Le Parisien takes stock of what the law says, which already provides for a control of the resources of social housing tenants.
What resources do you need to qualify for HLM?
Resource ceilings exist for obtaining and staying in HLM. In 2024, according to the decree published in the Official Journal, a single person living in Paris or Île-de-France must not exceed 26,044 euros in annual tax income and 22,642 euros for residents of other regions of the territory.
These ceilings are updated each year and include exceptions. There is an online simulator to find out if you are eligible for social housing.
Are resources monitored regularly?
The minister wishes to ask landlords for a regular and obligatory assessment of “the personal, financial and property situation” of social housing tenants. “We are dismayed, this measure is already in the law,” laments Marianne Louis, general director of the Social Union for Housing (USH), the association representing the sector.
Every year, HLM residents must respond to a “resources survey”, with the obligation to provide tax or non-tax notices, she explains. People with disabilities must present a “disability” card. Everything is governed by article L441-9 of the Construction and Housing Code.
Only tenants with housing assistance, “nearly half of tenants”, are exempt from these surveys. Control of their resources is already carried out regularly by the CAF, recalls Marianne Louis.
Who may be affected by an overpayment?
If, during these investigations, the lessor realizes that the tenant has resources more than 20% higher than the threshold set, the rent is then increased. We then speak of additional rent, or solidarity rent supplement. The total amount of rent, including the additional rent, cannot exceed 30% of the total annual income of the people housed, specifies the public service website.
At what threshold must one leave the accommodation?
In areas of tension in the real estate market, i.e. most large French cities (the list can be consulted here), if income is above the threshold of 1.5 times for two consecutive years, the lessor can terminate the rental contract, at from January 1 following the two years of excess.
The tenant then has 18 months to leave and no rehousing solution is necessarily offered to them. “He receives a registered letter 6 months [or bailiff’s document] before the date of his departure. We send nearly 8,000 per year, it’s not huge,” estimates Marianne Louis. At the end of these 18 months, eviction proceedings can then be initiated. “People are leaving well before, since they have been paying an extra rent for some time and were alerted of the deadline,” according to the director of the USH.
There are several exceptions to this rule: if, during the 18 months, the resources have fallen below the ceiling again as well as if the tenant is 65 years old or over or has a disability. This exemption also applies to people caring for a person with a disability. Finally, tenants of housing located in a district classified as a priority district of city policy (the simulator here) are not subject to this rule.