Under-occupation of a 5-room flat by a 3-person household

ATA/673/1997Court of Justice / Administrative ChamberNov 4, 1997Confirmed

Extracted by Omnilex

Omnilex summary

A 3-person household occupied a 5-room apartment measuring 75.70 m2. The court held that, under Art. 39A LGL, the dwelling was under-occupied. No additional procedural details, parties, or sanctions are discernible from the available summary.

Omnilex headnote

Art. 39A LGL; under-occupation of housing. A dwelling is under-occupied when, in light of the household size and the characteristics of the apartment, the available space exceeds what is appropriate for the number of occupants. The assessment is made by comparing the household composition with the size and layout of the premises; a 5-room apartment of 75.70 m2 occupied by three persons falls within the notion of under-occupation (consid. not available).

Full text

Descripteurs

LOGEMENT; SOUS-OCCUPATION; IEA

Normes

LGL.39 A

Résumé

Un ménage de 3 personnes sous occupe, au sens de la LGL, un logement de 5 pièces de 75,70 m2.

Keywords

housingunder-occupationhousehold sizeoccupancyliving space

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the household under-occupied the apartment within the meaning of the LGL.

Extracted holding

Yes. A household of three persons under-occupies a 5-room apartment of 75.70 m2 for purposes of the LGL.

Extracted reasoning

The court applied Art. 39A LGL to the occupancy ratio between the household size and the apartment size and concluded that the dwelling exceeds what is appropriate for three persons.

Under-occupation of a 5-room flat by a 3-person householdAI generated