Already adopted by the Senate, the bill aimed at combating drug trafficking will be subject to the vote of the National Assembly this week. It includes measures facilitating the expulsion of tenants suspected of drug trafficking.
Capital video: rental evictions: what the new law against drug traffickers provides
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– years a press release, the collective of associations for housing denounces “a new reason for fuzzy rental expulsion”.
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Chance of the calendar, it is a few days before the end of the winter trucewhich will allow the resumption of rental expulsions On April 1, that the National Assembly is preparing to vote a law creating a new reason for expulsion. Article 24 of The bill aimed at combating drug traffickingalready adopted by the Senate, facilitates the expulsion of their accommodation of people involved in drug trafficking. While the law of July 1989, relating to rental reports, obliges the tenant to use peacefully of his accommodation, the bill adds the obligation to “Refrain from any behavior or activity which, near these premises, undermines the collective equipment used by residents, the security of people or their freedom to come and go». “In some buildings, the elevator can no longer be used by its inhabitants because drug traffickers use it to store their goods there”tells a condominium trustee has Capital.
In a press release, the collective of associations for housing denounces “”A new motive motive motive»»not necessarily related to drug trafficking. “It is proposed to make people who are struggling to identify with the facts which are alleged against them and their degree of severity is lost!”strangle the collective. For this one, the adoption of this measurement “Would open a breach towards easy expulsion and absolute intolerance towards tenants not in accordance with donors or neighborhoods, such as young people, disabled or elderly”.
“My ordeal of owner in front of a tenant who no longer pays the rent”
The possibility of replacing the prefect for the lessor
Article 24 of the bill also gives the representative of the State the possibility in the department, that is to say to the prefect, ofrequire the lessor that he seizes a judge to terminate the lease When he (the prefect) notes that the actions of a tenant, in connection with drug trafficking activities, “Disturbing public order seriously or repeated”. In the event of refusal or lack of response from the lessor within 15 days, the prefect can replace him to seize the judge in order to terminate the lease.
“The loss of his accommodation constitutes a sanction with very heavy consequenceslikely to strongly pre -order, on the material, physical, mental and family level, the person who suffers it as well as the other people sharing their home ”recalls the defender of rights in a notice published on March 13. “The fact that the termination procedure can be initiated on the basis of the findings of the State representative, without specifying their content or the way in which they are established, does not appear likely to constitute a sufficient guarantee”she believes.
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Fear of reprisals for donors
She also notes that the bill “Risk ofIncrease the number of expulsions without proposal for rehousingnot only for people related to drug trafficking but also for those residing in the same accommodation, including vulnerable people because minor, older or disabled “. The defender of the rights also notes that by bringing the consequences of the actions on a whole of a family to one of its members, the bill “Does not respect the principle of personal responsibility”. “No one can suffer as important prejudice as the expulsion of their accommodation alone for the reason that a member of his family could be involved in drug trafficking”added the deputy Cyrielle Chatelain (ecologist and social) during the examination of the text in the National Assembly. His socialist colleague Arthur Delaporte echoed him, pointing to the finger the risk of expelling “Children or parents who have nothing to do with traffic”.
But Bruno Retailleau does not give up: for the Minister of the Interior, “Article 24 of the bill plays a crucial role. Our most vulnerable, the most modest, who do not have the means to move, who live in neighborhoods whose public facilities are unusable, are also those who undergo traffic in their daily lives, whether in their accommodation or at the bottom of their building, on the points of deal “. He also observes that the social union for housing, which brings together social landlords, “Is favorable to the expulsion measure that we propose, which provides that the prefect can replace the lessor, social or private, to activate the judicial lever”. Simply because “These donors do not engage in a termination procedure by fear of reprisals»» From drug traffickers, he explained.
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