Question juridique clé
Whether the tenant could rely on good faith to oppose a retroactive increase of the housing surcharge based on current income.
Solution extraite
No. Having been informed that the relevant income was that of the year preceding the lease conclusion, the tenant could not legitimately assume that current income would never be used to calculate a surcharge.
Motifs extraits
Under Arts. 9 and 11 RLGL, the office's prior information did not create a protected expectation excluding the use of current income. The tenant therefore could not invoke the principle of good faith against the surcharge adjustment.