The magistrates of the Paris judicial court call them “Airbnb audiences”. These are long afternoons where they try to lock in packages of fifteen or twenty the 500 procedures in progress between the City of Paris and owners of accommodation rented for short periods, often to tourists.
The decisions of judges Caroline Fayat and Anne-Charlotte Meignan, who have taken this mass litigation head-on, are beginning to constitute case law that is rather favorable to the community, but not always. “I see that the fines are fallingwelcomes however Ian Brossat, deputy mayor of Paris, in charge of housing. A certain number of these premises are intended for habitation, which is our goal, in traditional rental, with a mobility lease (from one to ten months), long-lived, or are offered for sale. »
These 500 procedures were paralyzed for more than three years, between 2018 and 2021, by stays of proceedings, pending the decision of the Court of Justice of the European Union (CJEU), seized by a concierge on the legality of the right French, restrictive in the matter, on which Paris relies. On September 22, 2020, the CJEU finally validated the national restriction on the grounds of the general interest of housing protection.
On February 18, 2021, the Court of Cassation subsequently ruled that the regulations of the City of Paris were in line with those of Europe and proportionate to the aim pursued, to provide housing for its permanent inhabitants.
Doomed platforms
For accommodation that is not the principal residence of the lessor, he must request an authorization to change the use of the dwelling into a commercial activity, which is granted to him if he compensates for it by recreating as many square meters of dwelling in the same district, or even the same district. It is an almost impossible mission and only around 500 requests for a change of use have been filed, while 50,000 to 60,000 rental advertisements are appearing on the Airbnb site alone, the sector leader.
The tourism code also limits the possibility of renting your main residence to one hundred and twenty nights per year: exceeding this threshold exposes you to a fine. Can also be prosecuted for the lack of mandatory registration of the short-term rental with the municipality and the absence of its number in the advertisement.
Finally, the platforms themselves can be sanctioned for failure to transmit their data, allowing the municipality to verify the legality of the activity.
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