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Mme. Derai v. State, Arrêt n° 99LY02455 , Cour administrative d'appel de Lyon, 30 novembre 2004 (publication: AJDA 2005 Informations rapides p. 509)

Facts: the plaintiff Mme Derai was a French National who was refused the right to receive the « personal financial aid to finance the renting of a house » by the local governmental agency. The agency refused her the aid on the ground that she was apparently not recognized as being a tenant of the low-rent building at the moment of her application. On January 8, 1998, the Tribunal Administratif of Lyon rejected her claim to have that refusal cancelled. She appealed to the CAA of Lyon to have the decision overruled on the ground that the refusal violated her right to have access to a decent housing and her right to equality.

Holding: the decision below n°9801058 of October 6, 1998 by the Tribunal administratif of Lyon ruling against the plaintiff was overruled and the decision of the local authority ("la section départementale des aides publiques au logement du conseil départemental de l'habitat du Rhône") of January 8, 1998 refusing her the financial aid was cancelled.

Reasoning: under articles L. 353-14, L. 411-2 and R. 351-3 of the Housing Code (« Code de la construction et de l'habitation »), the right to receive the financial aid to rent a house or apartment is only available to the bona fide tenant who rents a low-rent housing. However under article 1 of the Law n° 79-587 of July 11,1979, individuals have the right and must be informed without delay of administrative decisions that are taken against their interest. Refusing the financial aid for paying one's rent was such a decision that the plaintiff was uninformed of. Accordingly, the administration violated the plaintiff's right to be informed and to receive the financial aid for paying her rent.

 

 

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