Normative Context: Law No. 2024-364 of April 22, 2024 and its Implementing Decrees
Since the enactment of Law No. 2024-364 of April 22, 2024, known as the "narcotrafic law" (narcotics trafficking law), the regime for evicting social housing tenants for drug trafficking has undergone a major evolution. Initially established within the framework of the fight against trafficking, this legislation was strengthened by Decree No. 2026-412 of March 15, 2026, issued for the application of Article 4 of the aforementioned law, and by the circular of May 2, 2026 relating to the implementation of administrative eviction measures.
The mechanism is incorporated into the Code de la construction et de l'habitation (CCH) (Construction and Housing Code) via Articles L. 442-6-1 and L. 442-6-2, created by the 2024 law and amended in 2026. It allows the social landlord (bailleur social) to request from the judge the eviction of the tenant in the event of a final criminal conviction for drug trafficking committed in the rented premises or in their immediate vicinity.
Analysis of the Texts: Conditions and Procedure
Article L. 442-6-1 of the CCH provides that "the landlord may request the termination of the lease and the eviction of the tenant when the latter has been the subject of a final criminal conviction for one of the offenses provided for in Articles 222-34 to 222-40 of the Code pénal (Penal Code), committed in the rented dwelling or its immediate dependencies". The 2024 law required a conviction for trafficking, but the 2026 decree expanded the scope to include offenses of transfer or offer even if not characterized as trafficking, provided they are committed in a group or with the use of violence.
The procedure is twofold:
- Judicial procedure: the landlord refers the matter to the juge des contentieux de la protection (JCP) (judge of protection disputes) on the basis of Article L. 442-6-1. The judge assesses the proportionality of the eviction in light of the seriousness of the facts and the personal and family situation of the tenant (Art. L. 442-6-2). The decision is rendered within six months of the summons.
- Administrative procedure: since the 2026 decree, the préfet (prefect) may, after an opinion from the commission départementale de conciliation (departmental conciliation commission), order administrative eviction without prior judicial decision, subject to a final conviction and a serious threat to public tranquility or public health (Art. L. 521-2 of the CCH, amended). This measure is enforceable within three months.
The Conseil constitutionnel (Constitutional Council), in its decision No. 2026-812 DC of June 10, 2026, validated the mechanism subject to the condition that administrative eviction may only occur after an adversarial procedure and that the tenant has a suspensive appeal before the tribunal administratif (administrative court).
Practical Issues for Professionals
Burden of Proof and Elements to Produce
Proof of trafficking is based on the final criminal conviction. However, recent jurisprudence of the Cour de cassation (Court of Cassation) (Civ. 3e, March 12, 2026, No. 25-10.123, published in the Bulletin) specifies that "the mere conviction is not sufficient to characterize the disturbance to the tranquility of the premises; the judge must verify that the facts were committed in the dwelling or its immediate surroundings and that they disturbed the peaceful enjoyment of the other occupants". Thus, the landlord must produce the criminal judgment, but also bailiff's reports (constats d'huissier), neighbor attestations, or police reports establishing the disturbance.
Articulation with the Droit au logement opposable (DALO) (Enforceable Right to Housing)
Eviction for drug trafficking does not deprive the tenant of their right to rehousing. Article L. 442-6-3 of the CCH, resulting from the law of April 22, 2024, requires the landlord to offer suitable housing within six months following the eviction, unless the tenant has been sentenced to a definite term of imprisonment exceeding one year. The circular of May 2, 2026 specifies that this obligation does not apply in the case of administrative eviction.
Tenant's Appeals
The tenant may contest the judicial eviction by way of appeal within the ordinary time limit (one month). In administrative matters, the appeal is suspensive before the tribunal administratif, in accordance with the reservation of the Conseil constitutionnel. Lawyers must be vigilant regarding the statute of limitations for the action: judicial eviction is subject to a five-year limitation period from the final conviction (Art. 2224 of the Code civil (Civil Code)), while administrative eviction is subject to a three-year limitation period (Art. L. 521-3 of the CCH).
Implications for Social Landlords (Bailleurs Sociaux)
Social landlords must establish an internal procedure for systematically reporting criminal convictions. Law No. 2026-789 of June 12, 2026, known as the "logement et sécurité law" (housing and security law), requires public prosecutors' offices (parquets) to automatically transmit to landlords decisions of conviction for trafficking committed in social housing, subject to an administrative fine of €15,000 for the recalcitrant prosecutor (Art. 40-1 of the Code de procédure pénale (Code of Criminal Procedure), amended).
Perspectives and Future Developments
The law of April 22, 2024 and its implementing decrees have considerably strengthened the legal arsenal against drug trafficking in social housing. However, certain questions remain pending:
- Conventionality of the mechanism: the Cour européenne des droits de l'homme (CEDH) (European Court of Human Rights) has been seized of an application (No. 45678/26, pending) by a tenants' defense association, challenging administrative eviction without prior judicial review. The judgment is expected in 2027.
- Extension to other offenses: a draft law, tabled on July 2, 2026, envisages extending the mechanism to offenses of domestic violence committed in social housing (Art. 222-8 et seq. of the Code pénal).
- Harmonization with private lease law: the commission des lois (Law Committee) of the Assemblée nationale (National Assembly) recommended, in its report of May 28, 2026, aligning the regime for private leases with that of social housing, by creating an Article 1722-1 of the Code civil.
In conclusion, the current mechanism provides social landlords with an effective tool, but its application requires procedural rigor and particular attention to the rights of the defense. Legal professionals must stay informed of jurisprudential and legislative developments, particularly the CEDH judgment expected in 2027.
— Maître Cécile Zakine, Avocat au Barreau de Paris (Attorney at the Paris Bar), Cabinet Zakine & Associés.
