Housing allowance denied after apartment opening increased cost

ATA/177/1997Court of Justice / Administrative ChamberMar 11, 1997Dismissed

Extracted by Omnilex

Omnilex summary

The appellant challenged the denial of a housing allowance after an opening was made between two apartments. The resulting increase in annual cost per room meant that the appellant no longer satisfied the conditions for the allowance. The court therefore rejected the appeal and upheld the refusal of the benefit.

Omnilex headnote

LGL art. 39A; housing allowance eligibility and increased cost per room: where a structural modification between two apartments leads to an increase in annual cost per room such that the applicant no longer meets the statutory conditions, the allowance must be refused. The decisive factor is the resulting economic burden after the alteration, not the mere existence of the housing arrangement. The court confirms the denial of the benefit when the threshold for entitlement is no longer met.

Full text

Descripteurs

LOGEMENT; AUTORISATION(EN GENERAL); ALLOCATION DE LOGEMENT; LOGEMENT SOCIAL; IEA

Normes

LGL.39 A

Résumé

Ouverture pratiquée entre deux appartements. L'augmentation du coût de la pièce par an qui en est résulté ne permet plus à la recourante d'obtenir une allocation.

Keywords

housing allowancesocial housingeligibilitycost increaseapartment conversion

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the increased annual cost per room caused by opening between two apartments still allows entitlement to a housing allowance under LGL 39A.

Extracted holding

No. The resulting cost increase meant the appellant no longer met the conditions for receiving the housing allowance.

Extracted reasoning

The court accepted that the structural change between the two apartments led to higher housing costs per room, and this increase excluded the appellant from the allowance scheme.

Housing allowance denied after apartment opening increased costAI generated