Supervision of rents: 40% of Parisian landlords outside the law

More than 5 years after the implementation of the rental framework in Paris, the system obviously still does not work well. For the sixth year in a row, the association of consumers CLCV (consumption, housing and living environment) dissected 1,000 advertisements on 10 websites for the rental of apartments in Paris *, in order to verify that they respected the rental ceilings which have been in effect since August 1, 2015.

The results are still very insufficient. 40% of the offers do not comply with the law and display a rent higher than the authorized maximum of 121.38 euros per month on average. Or an average annual rent of 1,456.56 euros and 14% more than the legal maximum. Of course, these averages hide considerable differences. The CLCV cites the example of a two-room apartment offered at 1,270 euros per month when it should be rented at 900 euros, which corresponds to an annual surplus of 4,400 euros. Or even this owner who rents his two-room furnished apartment at 1,350 euros when the rent cannot exceed 787.20 euros. This represents 6,753.60 euros unduly claimed per year!

Slippage of small furnished surfaces

Of course, this result also shows that, on the contrary, 60% of advertisements comply with the rent regulations (56% in 2019). “The rate is correct, recognizes the CLCV, and shows a majority application of the device, both by donors and professionals.” However, she believes, “a more important result could have been legitimately expected. The supervision system has indeed been in place since 2015 in the capital. It is now well known to real estate intermediaries and several tools on the Internet allow landlords to assess the fair rent to apply. “Everything has been done in terms of publicity and pedagogy, insists the association, so that the excuse of novelty or ignorance is no longer appropriate here. “

As in previous surveys, small Parisian surfaces, in high demand and often rented out to young people, are particularly affected: only 53% of studio rents comply with the supervision against 65% for two rooms and 63% for three rooms. On the other hand, for the first time, notes the association, the compliance rate of the four rooms is almost similar to that of the studios (54% versus 53%). Without really being able to explain it, she hypothesizes that “the confinement and the health crisis, having resulted in the development of teleworking, have increased the demand on large housing, thus increasing the rents offered. »In addition, advertisements for bare tenancies are more frequently compliant than those for furnished accommodation, which has been a constant since this study was carried out.

Serious breaches

More worrying, and which infuriates the association, because the trend has also continued since 2015, infringements are the fact not only of private donors, but also of certain professionals. Admittedly, rent control remains more respected by real estate agencies than by individuals renting directly, who remain the worst lessors (75% against 50% compliance rate). But the serious shortcomings of professionals are no longer tolerable, all the more so on the part of a profession that seeks to impose its recourse in rental intermediation. For this reason, the CLCV indicates that it has “taken Century 21 France to court for deceptive commercial practice, thus making the CLCV the first consumer association to bring an action in terms of rent control against a national group.” “

A completely abusive attack, estimates the offending network which says itself “confident in the fact that the current procedure will demonstrate the perfect conformity of the announcements with the legislation”. Because, according to him, “the study relates to 62 advertisements (…) of which 24 are qualified by the association as” not in conformity with the law “. However, in this case, “this is an interpretation of the CLCV because the law legally provides for the application of a rent supplement if the property justifies it. At no time does the study show that the advertisements do not comply with this provision, moreover no tenant has used his right of appeal to terminate his lease. ”

Per site, according to the survey, the ad non-compliance rate ranges from 73% for Paru Sold to 7% for Foncia, Century 21 standing at 34%, Fnaim at 33%, SeLoger at 28% and Le Bon 48% coin.

Extend the device

The non-respect of the framework of the rents is however sanctioned by the law. The offending owner risks a fine of up to 5,000 euros. But, notes the association, “if the first sanctions have started to fall, they are still too rare. “While welcoming the recent announcement by the City of Paris of reinforced controls on rent control from February.

More broadly, the CLCV considers that “the regulation of rents is effective and that it allows the maintenance of the middle classes in urban centers. »Welcoming the fact that several [Bordeaux, Lyon, Grenoble, Montpellier – et plusieurs intercommunalités franciliennes] asked for the application of this device on their territory, she says she regrets that the mayors of Marseille, Toulouse or Strasbourg have not come forward. “Despite this emulation, we are still far from the 1,151 cities potentially concerned by the regulation of rents. “

As a boost, the association specifies that it has set up the site www.monloyertropcher.org “in order to allow everyone to contact their local elected officials on this issue. Finally, the CLCV pleads for the maintenance of a device, for the moment optional and experimental, and of which an assessment must be carried out in 2023, justice of the peace of its usefulness. Still, more or less effective in tempering the rental market, rent control is by no means the absolute key to housing policy.

* Century 21, Citya, Fnaim, Foncia, Le Bon Coin, Real Estate for Individuals, Orpi, PAP, Paru Sold and SeLoger.

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