Romanian Court of Appeal Rules Cluj-Napoca Housing Policy Indirectly Discriminates Against Roma

The European Roma Rights Centre (ERRC), a leading human‑rights advocacy organisation, issued this press release to announce a landmark ruling by the Bucharest Court of Appeal. Together with the Centre for Legal Resources (CLR), the ERRC contested discriminatory housing rules in Cluj‑Napoca, demonstrating the capacity of international NGOs to intervene in Romanian courts on behalf of Romani communities.

The Bucharest Court of Appeal upheld decisions of Romania’s National Council for Combating Discrimination (CNCD) that identified Cluj‑Napoca’s “abusive occupant” rule as indirect discrimination. The rule excluded anyone ever evicted from public housing from accessing social housing, with no time limit or review. The Court rejected the municipality’s arguments that the rule was neutral and that the ERRC lacked standing, confirming that organisations protecting human rights may file discrimination complaints under Article 28 of Government Ordinance 137/2000.

• 2020: ERRC and CLR lodged complaints to the CNCD challenging the “abusive occupant” criterion.
• 2022: CNCD Decision 96/2022 recognised indirect discrimination against Romani families.
• 2023: CNCD Decision 298/2023 imposed a fine on Cluj‑Napoca for maintaining the exclusionary rule.
• 2024‑2025: The municipality appealed the CNCD decisions, arguing neutrality and jurisdictional issues.
• June 2026: The Bucharest Court of Appeal delivered its judgment, affirming the CNCD findings.

The ruling highlights how ostensibly neutral housing policies can perpetuate social exclusion and undermine sustainable, inclusive urban development. By removing a barrier that disproportionately affected Romani families, the decision supports more equitable access to social housing, a key component of sustainable city planning across Europe.

Jonathan Lee, Advocacy & Communications Director at ERRC, emphasised that the judgment validates the right of international NGOs to defend human‑rights claims in Romanian courts. Maria Calomfirescu, Programme Coordinator at CLR, noted that the decision sends a clear message that municipalities cannot conceal discriminatory effects behind neutral language.

• The “abusive occupant” rule creates a disproportionate impact on Romani people, constituting indirect discrimination under Romanian law.
• Prior municipal case law did not address discrimination and therefore could not pre‑empt CNCD rulings.
• The Court confirmed the standing of non‑Romanian NGOs to file complaints, expanding avenues for rights‑based advocacy.

The release explains that indirect discrimination occurs when a rule appears universal but disadvantages a protected group—in this case, Romani families—due to structural racism and higher eviction rates, effectively locking them out of social housing.

The municipality plans to appeal the decision to the Court of Cassation, indicating that the legal battle over inclusive housing criteria will continue. The ERRC and CLR pledge to monitor the appeal and sustain pressure for policy reforms that align with European sustainability and anti‑discrimination standards.