Anti-eviction decree of Bobigny

The Mayor,

In view of the Preamble of the Constitution of 1946, which proclaims that “The Nation guarantees the conditions necessary for the development of the individual and the family. . . Any human-being who, by reason . . . of their economic position, finds themselves incapable of working, has the right to receive adequate means of subsistence from the community.”,

In view of the principle safeguarding the dignity of human-beings prescribed by the Constitutional Council by the decisions of 27 July 1994 and the 29 July 1998,

In view of decision no. 90-274 of 28 May 1990 made by Constitutional Council of 28, “Right to Housing” affirming “the promotion of housing for disadvantaged people” as a response to “a demand of national interest”,

In view of decision no. 94-359 made by the Constitutional Council on 15 January 1995, Habitat Diversity, confirming “ the possibility for anyone to have access to decent housing” as a constitutional objective,

In view of the United Nations Convention on the Rights of the Child of 26 January 1990 that was ratified by France on 2 July 1990,

In view of act no. 98-657 of 29 July 1998 concerning the campaign against exclusion s, which affirms that “the Campaign against Exclusions is a national imperative founded on the respect of all human-beings and a priority that the ensemble of National, State and Community Public Policies participate in the application of these principles”,

In view of the first article of the Charter on the Environment of the 1 March 2005,

In view of department-level action plans in favour of housing for vulnerable households and the Social Support Charter signed by the Prefect of Seine-Saint Denis,

In view of the Borloo Plan of the 13 May 2004 presented to the departmental prefects by way of flyer no. UHC/DH2 2004-10, which would prevent initiated or planned tenant evictions of persons of good faith who are in difficulty. The Minister the State for Employment, Labor and Social Cohesion explicitly indicated to the Prefects that he is relying on their “personal engagement, which is indispensible for the success of this outstanding plan”,

In view of articles 98 and 99 of the Social Cohesion Programming Act no. 2005-32 of 18 January 2006,

In view of article L. 2211-1 and the following articles of the Local and Regional Collectivity Code,

In view of the opposable Right to Housing and Social Cohesion Act no. 2007-290 of the 5 March 2007 published in the Official Journal of 6 March 2007,

In view of decree no. 2008-187 instituting departmental commissions for eviction prevention and published in the Official Journal from the 26 February 2008,

Considering that tenant evictions for default in rent payment or additional property expenses are beneath a modern society and seriously detrimental to human dignity,

Considering that they are particularly unjust and are likely to put isolated individuals and evicted families in serious trouble,

Considering that to losing one’s housing deprives the individual or family of any residence and that the absence of an address excludes them from any administrative existence, bringing about the loss of their rights, the concerned persons being in a position where it is impossible to ensure their professional of family situation,

Considering that eviction procedures are inhumane, unjust, and inadmissible and don’t take into consideration the difficulties that people encounter (loss of job, family difficulties, excessive indebtedness. . .) and that, on the contrary, they are unnecessary and reinforce the distress and isolation of the concerned individuals.

Considering that the eviction procedures aimed at families with children adversely affect the health, education and safety of the children and seriously fail to meet the provisions of the International Convention on the Rights of the Child,

Considering, consequently, that eviction procedures carried out against tenants who are victims of social violence are likely to disrupt public order and tranquility,

Considering that the mayor is in charge of maintaining order, safety, security and public health through the communal area,

Considering that from the 15th of March the winter truce on evictions is over and that the evicted families will find themselves in a situation of social insecurity, exclusion and marginalization,

Considering that these eviction procedures constitute an insupportable violence that the city has fought for numerous years, in particular during the terms of Mr. Bernard Birsinger, former mayor, violently deceased on the 15 August 2006, after having delivered a speech in front of the Fifth Housing Meeting at BUNUS and, whose last words were for the implementation of a right to housing for all, particularly the most humble.

Time limit for appeal before the administrative court of Cergy-Pontoise: 2 months

ORDER

Article 1

The City of Bobigny is declared a protective zone for tenants in economic difficulties.

Article 2

Any eviction procedure opened against an individual or a family must be preceded by a referral of the specialized coordination commission of preventative action against evictions.

Article 3

Any eviction within the area of the City of Bobigny, resulting from the effects of economic or social insecurity, which is not preceded by a referral from the commission organized in article 2, is forbidden.

Executed in the City Hall, Catherine Peyge