Enforceable right to accommodation (Daho)

Verified 07 August 2023 - Directorate for Legal and Administrative Information (Prime Minister)

You have requested accommodation but no accommodation adapted to your situation has been offered to you? Remedies are available. We'll tell you what to do.

An enforceable right to accommodation is guaranteed by the State if you have not received a response adapted to your request for accommodation.

After studying your situation, a hosting solution is then offered to you within strict deadlines.

Please note

The Daho is different from enforceable right to housing (Dalo) relating to applications for housing from persons who fulfill certain conditions (including resources). Furthermore, Daho also opposes the emergency shelter system, which is aimed at any homeless person (homeless person) in a situation of medical, psychological or social distress at any time.

To assert your right to enforceable accommodation (Daho), you must respect the following 2 conditions :

  • Have requested a reception in a accommodation, a transitional housing, one home or a social hotel residence
  • Have not received any accommodation proposals adapted to your needs

You must also complete a condition of lawfulness of residence in France if you are applying for transitional housing, hostel or social hotel residence. This condition is not required if you are asking for a place in a hotel.

1st step: make an amicable appeal to the departmental mediation commission

You must make an amicable appeal to the departmental mediation commission through a form:

Amicable appeal to the departmental mediation commission for accommodation in a residential facility

This form must be accompanied by supporting documents mentioned on the package leaflet.

Please note

you can get help from a social worker or a licensed association to file the appeal. You should ask the prefecture for a list of approved associations in your department.

General case
Who shall I contact
In Paris

The complete file (form and supporting documents) must be sent or submitted to the secretariat of the mediation commission whose details are given on the website of each prefecture.

Upon receipt of the file, the prefecture will issue you a acknowledgement whose date gives the starting point for the period allowed to the commission mediation to decide on your request.

The mediation commission decides on the priority of your request and the urgency of receiving you in a accommodation structure. It shall also indicate the time limit for bringing a contentious action before the competent administrative court.

The Mediation Commission must issue its decision within a certain period up to 6 weeks from the receipt of your request.

Please note

If the Mediation Commission considers that a request for accommodation is not suitable for your needs and that a housing offer must be made, it may designate you as a priority for the allocation of emergency accommodation. To do this, you will need to complete the conditions governing the right to enforceable housing (Dalo). The commission forwards the request for accommodation to the prefect.

The prefect designates you to the integrated reception and orientation service (SIAO) as a priority. This service will direct you to an organization with stable accommodation spaces that meet your needs.

The prefect has a deadline of Maximum 6 weeks based on the decision of the mediation commission to offer you a solution of accommodation in an accommodation structure, a transitional housing, a hostel or a hotel residence for social purpose corresponding to your needs.

This period shall be 3 months whether the mediation commission has advocated for transitional housing or residential care.

The designated structure must receive you within the deadline set by the prefect.

If you have not received accommodation within the time limit set by the prefect, the latter must appoint an organization that can meet your needs. If the organization refuses, the prefect directly allocates a place of accommodation.

If you are the one who refuses a place of accommodation when it is adapted to your needs, you lose your right to opposable accommodation.

2nd step: litigation before the administrative tribunal

If you have not received a hosting solution, you can appeal to the administrative court.

This remedy must be made in a maximum period of 4 months from end of the period left to the prefect to make your accommodation offer (6 weeks or 3 months).

Who shall I contact

Your appeal must be accompanied by the decision of the mediation commission recognizing you as a priority and having to be accommodated urgently.

You don't have to hire a lawyer. You can also get help in your approach from a social worker or an approved association in your department.

The Administrative Tribunal has 2 months on the basis of your appeal for a decision.

He can order the prefect, possibly under penalty payment, to find accommodation if you have been designated as a priority and need to be accommodated urgently but have not received a suitable response.

You can get damages for the damage suffered.