Confirmation of housing surcharge for social housing apartment

ATA/504/1995Court of Justice / Administrative ChamberOct 3, 1995Dismissed

Extracted by Omnilex

Omnilex summary

The court confirmed the surcharge applied to the appellants' social housing apartment. It rejected their arguments based on the apartment's alleged narrowness and age, holding that room and dwelling surface must be calculated under Art. 4 RLGL. Using that method, the dwelling was correctly treated as a 3.5-room apartment.

Omnilex headnote

Art. 4 RLGL; housing surcharge in social housing; calculation of room and dwelling surface. The dimensions asserted by the occupants are not decisive where they do not correspond to the calculation method prescribed by Art. 4 RLGL. Complaints relating to alleged narrowness or age of the dwelling do not, by themselves, preclude the surcharge if the legally relevant surface calculation confirms the applicable room count; in casu, the apartment was to be counted as a 3.5-room unit, so the surcharge was upheld.

Full text

Descripteurs

LOGEMENT; SURTAXE; LOGEMENT SOCIAL; IEA

Normes

RLGL.4

Résumé

Confirmation de la surtaxe. Les doléances des recourants quant à l'étroitesse ou la vétusté de leur logement ne peuvent être prises en considération. La surface des pièces et celle du logement se calculent selon l'article 4 RLGL et les dimensions indiquées par les recourants pour les diverses pièces de leur appartement ne sont dès lors pas exactes. Il s'agit bien d'un appartement de 3 pièces 1/2.

Keywords

housing surchargesocial housingroom calculationsurface calculationtenant challengeapartment size

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the housing surcharge for the social housing apartment should be cancelled because the flat was allegedly too small or outdated.

Extracted holding

The surcharge was confirmed; the tenants' complaints about the apartment's narrowness and age could not be taken into account.

Extracted reasoning

The surface of the rooms and of the dwelling must be calculated under Art. 4 RLGL, and the room dimensions claimed by the appellants were not the correct basis. On that calculation, the apartment was a 3.5-room unit.

Confirmation of housing surcharge for social housing apartmentAI generated