2023-07-20 12:51:17
It is a blow for the city of Annecy which voted in February to set up quotas for furnished tourist accommodation. These had just come into force on June 1 in the town, but the Grenoble administrative court, seized by the Syndicat des Conciergeries de Haute-Savoie (SCHS) in April, suspended them in mid-July, pending a judgment on the merits. The administrative court notes that “the terms and conditions for issuing authorizations for change of use appearing in the regulations adopted by the contested deliberations, in that they will reduce or limit the number of clients of concierge companies and in that they impose formalities of renewal which these companies may be responsible for, carry the interests that the Syndicate of Concierge Services of Haute-Savoie defends a sufficiently serious and immediate attack».
«This is the first time in France that a regulation of this magnitude with a quota mechanism has been suspended. It induces a simultaneous suspension in 27 municipalities“, welcomes Me Victor Steinberg who represents the Syndicat des Conciergeries de Haute-Savoie. The regulations adopted in Annecy are disproportionate because they cause an excessive infringement of the right to practice the rental of furnished tourist accommodation, he judges. The quota policy which leads to a partial ban on the activity of tourist furnished rental companies “has not been set transparently. No one knows how the quotas were calculated, they were set arbitrarily».
Make up for the lack of social housing?
He adds: “I had a hard time admitting that owners of second homes are prevented from renting their property because the city of Annecy does not have enough social housing. We are on the wrong target. This measure aims to compensate for the inaction of the municipality in terms of social housing, below the requirements of the SRU law.“. Annecy had 13,333 social rental units in 2020, i.e. 20.58% of the stock of main residences, but the SRU law imposes on municipalities a rate of 20% or 25% of social housingx. «There would therefore be a lack of 2,863 social housing units, which is roughly the number of furnished tourist accommodation that exist in the city.“, according to the lawyer of the SCHS. To which the City replies:Contrary to what the lawyer for the Syndicat des Conciergeries de Haute-Savoie suggests, this regulation is not intended to compensate for the lack of social housing in Annecy. Its main purpose is to bring private housing back to year-round housing. The City of Annecy is working in parallel on social housing – which is another policy – especially as demand is exploding with regard to the scarcity of supply in the private sector. The result is a surge in prices which makes the private fleet unaffordable for average incomes.».
«I take note of this decision which forces us to return to the ineffective and lax regulations of 2018 which contribute to the proliferation of the phenomenon of furnished tourist accommodation in Annecy“, reacts François Astorg, mayor of Annecy, who goes so far as to speak of “Disneylandization of the City of Annecy».
The number of second homes in furnished tourist accommodation should be limited to 2,200 throughout the city, compared to more than 2,800 currently, or 3% of the housing stock. “We are trying to bring housing back to its primary function, which is year-round housing“, explained Sophie Garcia, municipal councilor responsible for affordable housing and social diversity.
The current procedure should take about a year. “We hope that by then discussions will be able to be initiated with the city of Annecy and the urban community to achieve more balanced regulations.», conclut Me Victor Steinberg.
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