France's Enhanced Anti-Squatting Penalties: Protections Against Illegal Occupations or a Violation of Citizens' Right to Housing?

By Caitlin Urisko

France has a growing homeless population. Since 2001, France’s homeless population has almost tripled, growing to almost 300,000.[1] Mario Fernandez, writing for Aljazeera, attributes this housing crisis to skyrocketing housing costs, challenges related to regulating rental platform such as Airbnb, and cutbacks in governmental spending in public housing.[2] President Macron introduced the Logement d'Abord or Housing First plan in 2017, which has helped approximately 440,000 homeless gain access to housing without a prolonged stay in a shelter.[3] The second phase of this plan, expected to run for an additional five years, has the goal of increasing access to housing for an additional 80,000 people.[4] Critics of this plan state that, although ambitious, the plan is largely ineffective due to its focus on short term and emergency accommodations.[5] Additionally, the enforcement of this plan has been erratic and varies greatly based on the inclinations of the local authorities in a given region.[6]

Other critics attribute the plan’s failure to the current administration’s apathy towards the nation’s housing issues.[7] In fact, at the start of President Macron’s administration, no minister of housing existed.[8] Ann Joubert, a leading member of the Génération.s party in the left wing NUPES coalition, explained, “[t]his is clearly not an issue for him, and there wasn’t a minister for housing under his first government. . . [e]ver since coming into office Macron’s decisions have actually been anti-housing.”[9]  France has long maintained a progressive stance on housing, especially since the passage of the Droit au Longement Opposable (“DALO”) in 2007.[10] DALO enables citizens facing “inadequate housing or deprived of housing enforce their right to housing from the state.”[11] The law focuses on: (1) enabling reiteration of housing as a fundamental right; (2) identifying the appropriate authority responsible for compliance and implementation of this right; and (3) establishing an appeals process before an independent committee and judge.[12]

Interestingly, a recently passed law criminalizing squatting seems in direct opposition to President Macron’s previous Longement d’Abord plan and DALO and seems more in line with his criticized “anti-housing” views.[13] The lower house of the French Parliament passed legislation on December 2, 2022, criminalizing squatting and occupying a residence after eviction.[14] The new Kasbarian-Bergé Bill, named after its two drafters, Guillaume Kasbarian and Aurore Bergé, both members of President Macron’s Rennaisse party, increased previous fines to a maximum of 45,000€ (triple the original penalty) and incorporated a maximum of three years imprisonment without requiring judicial intervention.[15] Additionally, individuals who remain in a residence or commercial property subsequent to eviction face an additional two-years of incarceration and a 7,500€ fine.[16] The proposed legislation accelerated eviction procedures and extended the crime of illegal occupation to include secondary homes and vacant properties.[17] Proponents of the legislation state that the bill “protects housing against illegal occupation.” [18]

France’s newly passed anti-squatting law seems to be a counterintuitive method to deal with the country’s homelessness issue. Image courtesy of George Hodan via PublicDomainPictures.Net.

Although anticipated to fail in the French Senate due the majority conservative opposition, the legislation was adopted into law in its final form on June 14, 2023.[19] In fact, the legislation passed with minimal opposition with 243 votes in favor and only 91 votes against.[20] Prior its passage, the French Senate introduced significant changes to the bill including: (1) limiting the penalty for squatting to two years imprisonment and a maximum fine of 30,000€; (2) removing the criminal penalty for hold-over tenants but maintaining the 7,500€ fine; (3) preserving the winter truce and any delays granted by judge, social, and public housing; and (4) restoring judicial powers.[21]

Opponents of this law, including the Commission Nationale Consultative Des Droits De L’Homme (“CNCDH”), various labor groups, social movements, and organizations fear that this anti-squatting law will criminalize France’s most vulnerable populations.[22] This new law targets individuals living in poverty, facing financial difficulties, and struggling with France’s expensive and often inadequate housing.[23] Previously, the CNCDH “emphasized that housing is a ‘prerequisite’ for exercising fundamental rights.”[24] The United Nations Special Rapporteur on extreme poverty and human rights, Olivier De Schutter, along with the United Nations Special Rapporteur on the right to adequate housing, Balakrishnan Rajagopal, authored a letter to the French Government stating their concerns over the increased penalties relating to squatting in residential and commercial properties and the accelerated timeframe for eviction.[25] Special Rapporteur De Schutter expressed fears of a regression of French laws related to housing, organizations, and social movements as well of potential violation of its international human rights treaties, like the European Convention on Human Rights.[26]

Moreover, the Collectif des Associations Unies fears that this bill would risk the right to housing for squatters and cautioned against the needless increase in confinement, as the previous law already contained a criminal provision of one year imprisonment.[27] Instead of penalizing vulnerable populations for the inability to find affordable housing, the Special Rapporteurs believe the focus should be on locating alternative accommodations prior to evictions and the creation of affordable housing.[28] Additionally, this law violates the fundamental purpose of DALO and perpetuates the very homelessness that President Macron desires to eradicate with his Housing First plan.[29]

[1] Mario Fernandez, Housing Shortage Blamed for Triple Homeless Population in France, Aljazeera (June 29, 2022), https://www.aljazeera.com/features/2022/6/29/housing-shortage-blamed-for-tripled-homeless-population-in-france.

[2] Id.

[3] Claire Ané, French Government Announces More Resources for Homeless Accommodation, Le Monde (June 21, 2023, 11:00 AM), https://www.lemonde.fr/en/france/article/2023/06/21/french-government-announces-more-resources-for-homeless-accommodation_6034674_7.html.

[4] Id.

[5] Fernandez, supra note 1.

[6] Id.

[7] Id.

[8] Id.

[9] Id.

[10] Julie Clauzier, The DALO Law: A Step Toward Making the Right to Housing a Reality, Housing Rights Watch (Jul. 6, 2017), https://www.housingrightswatch.org/content/dalo-law-step-towards-making-right-housing-reality#:~:text=This%20law%20enabled%20a%20citizen,to%20housing%20from%20the%20State.

[11] Id.

[12] Id.

[13] Ané, supra note 3; Fernandez, supra note 1.

[14] French Lower House Votes to Toughen Penalties on Illegal Squatting in Homes, U.S. News (Dec. 2, 2022, 8:41 AM) https://www.usnews.com/news/world/articles/2022-12-02/french-lower-house-votes-to-toughen-penalties-on-illegal-squatting-in-homes.

[15] Id.; Claire Ané, UN Experts Express Concern Over Proposed French Anti-Squatting Law, Le Monde (Apr. 2, 2023, 4:00 PM), https://www.lemonde.fr/en/france/article/2023/04/04/un-experts-express-concerns-over-proposed-french-anti-squatting-law_6021698_7.html.; New Bill in France Will Toughen Penalties on Squatting, Human Rights Watch (Feb. 3, 2023), https://www.housingrightswatch.org/news/new-bill-france-will-toughen-penalties-squatting.

[16] New Bill in France Will Toughen Penalties on Squatting, supra note 15.

[17] French Lower House Votes to Toughen Penalties on Illegal Squatting in Homes, supra note 14.

[18] New Bill in France Will Toughen Penalties on Squatting, supra note 15.

[19] French Lower House Votes to Toughen Penalties on Illegal Squatting in Homes, supra note 14; New French Law Toughens Laws on Squatters, The Local France (June 15, 2023, 11:14 AM), https://www.thelocal.fr/20230615/new-french-law-toughens-rules-on-squatters; see also, @Senat, Twitter (June 14, 2023, 6:10 PM), https://twitter.com/Senat/status/1669366681666297856.  

[20] @Senat, supra note 19.

[21] New Bill in France Will Toughen Penalties on Squatting, supra note 15.         

[22] Id.

[23] Letter from President to Senate Regarding the PPL Aimed at Protecting Housing Against Illegal Occupation, Commission Nationale Consultative Des Droits De L’Homme (Jan. 31, 2023), https://www.cncdh.fr/actualite/lettre-du-president-au-senat-concernant-la-ppl-visant-proteger-les-logements-contre. 

[24] Id.

[25] UN Experts Express Concern to France Over Proposed Anti-Squatting Law, Human Rights Watch (Apr. 7, 2023), https://housingrightswatch.org/news/un-experts-express-concern-france-over-proposed-anti-squatting-law.

[26] Ané, supra note 15; UN Experts Express Concern to France Over Proposed Anti-Squatting Law, supra note 25.

[27] UN Experts Express Concern to France Over Proposed Anti-Squatting Law, supra note 25.

[28] Id.

[29] Ané, supra note 3.