Council of State questions housing bill as Minister urges Ukrainians to find own housing

The Dutch Council of State warned that a government bill barring municipalities from giving refugees priority in social housing would violate the constitutional right to equal treatment. The advisory body said refugees—who already start at a disadvantage in the housing market—would continue to struggle despite government measures, and that discriminating against them is not a solution.

The advisory body acknowledged that affordable rental housing is scarce in the Netherlands and that municipalities face difficult choices in distributing housing. However, it argued that "discriminating" against refugees is not an acceptable solution.

The Council of State also emphasized that granting a residency permit carries a social responsibility to provide adequate housing. Combined with the pressure municipalities face in allocating limited housing, the advisory body said it could not issue a positive recommendation on the bill and advised the government not to submit it to the Tweede Kamer.

The warning comes as the Netherlands faces growing pressure to house Ukrainian refugees, with municipalities reporting nearly 98,000 shelter spots, most of which are now occupied. Caretaker Asylum Minister Mona Keijzer (BBB) on Thursday urged self-sufficient Ukrainian refugees, such as those with jobs, to arrange their own accommodations to free up municipal housing for the most vulnerable.

Keijzer announced her decision a few hours after a survey by broadcast magazine show EenVandaag showed that housing and immigration remain the two key issues voters will consider when heading to the polls in the October general election. The Council of State had previously noted that affordable rental housing is extremely scarce, and municipalities face difficult choices in distributing housing fairly. While the government has introduced measures to improve refugees’ access to housing, the advisory body said they are unlikely to take effect quickly enough to prevent continued disadvantage.

The council also emphasized that granting a residency permit carries a social responsibility to provide adequate housing, warning that removing priority options for municipalities “leads to unequal treatment” and undermines the fairness of the system.

The Red Cross said many Ukrainian refugees are still being forced to sleep in cars or on the streets. “For over a year, hundreds of people per month have been coming to the Red Cross in desperation, many sleeping on the street, in cars, or at stations—even with their children. Political solutions should have been implemented a year ago, namely: more shelter for those in need,” the organization said.

VluchtelingenWerk warned that Keijzer’s proposal could create more chaos than relief, noting that Ukrainian refugees staying with family, friends, or employers do not automatically receive legal protection. “Protection is more than just a bed or a roof,” the group said, emphasizing the need for access to medical care and education.

Keijzer’s appeal has been circulated through the Ukrainian embassy and Telegram groups popular with refugees. She plans to send a letter to the Tweede Kamer outlining further measures. About 32,000 Ukrainian refugees have already secured their own sleeping arrangements, leaving municipalities to focus on vulnerable groups, including women with children.