Lille (AFP)

Lille fulfilled well the criteria defined by the law "Alur" to set up the framework of the rents in 2017, judges the Administrative Court of Appeal of Douai in a judgment communicated Friday, which cancels a decision of first instance.

At the end of 2016, the prefect of the North had issued a decree setting up the rent framework in Lille from February 1, 2017, but it had been canceled eight months later by the administrative court.

Seized in particular by the National Union of Real Estate Property (UNPI) of the North and the National Federation of Real Estate (FNAIM), the court then considered that the device "could not be applied in the only commune of Lille" and should have concerned "the whole of the Lille agglomeration", or 59 municipalities.

But Friday, the Administrative Court of Appeal of Douai (North) announced to have made a judgment annulling this decision. It considers in particular that the prefect could "legally" set up the system "gradually" in the agglomeration, "by applying it first to the territory of the commune of Lille only".

It justifies its decision by the fact that the prefect of the North had, in 2016, complete data on housing and rental levels "in the sole territory of the municipality of Lille", and not on the rest of the agglomeration.

It also points out that the regional capital at the time gathered 45% of the private rental stock of the entire metropolis, and that rents had increased by 70% in ten years, a level higher than the national average. Lastly, it judges that the device "was not likely to create a serious risk of distortion" on the local real estate market.

"We do not share the analysis of the court," reacted Emmanuel Chambat, president of the Fnaim North Chamber, arguing a lack of "relevance" of the data used on rent levels.

"This is good news, it opens up prospects," said Jean-Baptiste Ayraud, spokesperson for the Droit au Logement association. "If the rental framework is not broken, the tenants are entitled to claim that the system applies from the signing of the lease to the application of the Elan law at least", he said. valued.

"This decision confirms what we thought: Lille, which is a tense area, (...) fully met the criteria" provided by the Alur law, also welcomed AFP mayor of Lille Martine Aubry.

Today, this 2016 decree can no longer apply: the rent framework was modified in 2018 as part of the Elan law.

But "we signed up as soon as the law was adopted" in order to apply the new system and "a decree, recognizing the Lille territory as corresponding to the criteria set (...) is on the table of the Prime Minister", assured Ms. Aubry to AFP, saying she expected the text "imminently".

As of its publication, "the prefect will take a decree fixing the amounts of rent ceilings and we will have two months to inform the owners and the tenants", she added.

© 2019 AFP