“There will be a return match”: rent control in Montpellier ratified by the administrative court

Les loyers toujours encadrés à Montpellier. Midi Libre – MICHAEL ESDOURRUBAILH

Le recours déposé par l'association nationale de défense des propriétaires d'immeubles de Montpellier a été rejeté par le tribunal administratif.

The rent control initiated in the municipality of Montpellier from July 2022 is not tainted by illegality. This is the meaning of the judgment of the administrative court rendered a few days ago. A decision contrary to the conclusions of the public rapporteur who had estimated, during the hearing, that the prefectural decree, attacked by the national association for the defense of building owners of Montpellier (Anpi) , was not in compliance with the law because it excluded individual houses from the system from its definition perimeter.

According to the administrative judges, this impasse on the part of the prefect "is not enough to deduce that he would not have defined the categories of housing with the sufficient precision usually determining the setting of the amount of the rent." Individual houses represent 4.1% of the private rental stock according to INSEE data.  

"I am beaten but not defeated"

This judgment "a little surprised" Me Philippe Calafell at the origin of the appeal of Anpi. "I am beaten but not defeated. There will be a return match", he indicates, suggesting that he plans to appeal the decision & ;quot;to the extent that landlords will continue to conclude tourist rental contracts (Air Bn’B type) or in addition put rental properties on the real estate market". Me Calafell also intends to use the judgment to support his argument against the prefectural rent control order issued in June 2023. The litigation is currently ongoing.

Michaël Delafosse welcomes the court's decision

"Access to housing is an essential right: rent control is an effective tool to combat speculation. In Montpellier, we are developing the rental license to fight against slumlords, we are responsible for the production of social housing for essential workers, for our retirees with small pensions. I am pleased that the decision of the Metropolitan Council is supported by justice."