Substandard housing in Marseille: Four years in prison requested for an investor at the head of a "real estate empire"

A four-year prison sentence, three of which were suspended, was requested on Monday, May 4, against a real estate investor who rented out apartments deemed unsafe, in a case emblematic of the fight against substandard housing led by the Marseille prosecutor's office.

David Bertin, 42, owner of about thirty apartments, was placed in pre-trial detention for nearly four months for endangering the lives of others in November 2019, one year after the death of the eight occupants of an unsanitary building that collapsed on rue d'Aubagne.

Through seasonal rental platforms, he had continued to rent two apartments in a building in the center of Marseille which, in June 2019, was subject to a serious and imminent danger order and a ban on occupancy.

The court dissected "a system": obtaining real estate loans using false documents for more than half a million euros, undeclared employment of eight low-level workers, cleaning ladies and multi-skilled laborers and fraudulent use of subsidies from the National Housing Agency.

In court, David Bertin made amends, acknowledging the endangerment of tenants and cleaning women responsible for maintaining the two apartments under a demolition order, and asserting that he had "learned his lesson".

His "real estate empire," in the words of the investigating judge, valued at more than 1,8 million euros, consisted of small apartments acquired in dilapidated buildings which he renovated, often after dividing the spaces.

David Bertin had also obtained over €243.000 in subsidies from the French National Housing Agency (Anah) to renovate eight apartments in a run-down building in the city center, on the express condition that he offer the apartments at social housing rents. Benefiting from a 70% tax reduction on his rental income, he rented these apartments to tourists after the renovations.

The testimony of two cleaning women illustrated what Samantha Graas, the lawyer for one of them, described as "modern-day slavery." These two plaintiffs, who were in the country illegally at the time, explained the deal offered by the landlord: accommodation in lieu of wages.

A few months after his release from prison, David Bertin re-let the apartment, which was subject to a prohibition on occupancy, collecting €450 in rent from an undocumented immigrant. The prosecutor requested a ban on acquiring any real estate for the purpose of renting it out and a permanent ban on managing a company. The defense is scheduled to present its case Tuesday morning.