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

23 June 2026

Bucharest, Brussels, 23 June 2026: The Bucharest Court of Appeal has confirmed that social housing regulations in Cluj-Napoca amount to indirect discrimination against Romani families, in a ruling secured by the European Roma Rights Centre (ERRC) and the Center for Legal Resources (CLR).

The Court upheld the decisions of Romania's National Council for Combating Discrimination (CNCD), rejecting all arguments brought by the Municipality of Cluj-Napoca, including a challenge to the ERRC's right to file discrimination complaints in Romania as a foreign-registered organisation. While the decision will be appealed by the Municipality in front of the Court of Cassation, the ruling represents a significant legal validation of anti-discrimination protections in housing.

"The Municipality of Cluj-Napoca tried to delay justice for Romani citizens by challenging our right to even bring this case," said Jonathan Lee from the European Roma Rights Centre. "Today's ruling not only vindicates the families denied housing, it confirms that international human rights organisations can stand in Romanian courts to fight discrimination. That sets a crucial precedent for future cases across the country."

“The Court of Appeal sent a clear message that human rights are non-negotiable, regardless of ethnicity. Municipalities can no longer hide behind apparently neutral rules to deny Romani citizens their legal right to housing,” said Maria Calomfirescu from the Centre for Legal Resources. “We will continue to fight in front of the Court of Cassation, to ensure this landmark ruling is upheld.”

Background

The case stretches back over six years of legal advocacy:

2020: The ERRC and CLR submitted complaints to the CNCD challenging social housing eligibility rules in Cluj-Napoca that excluded anyone labelled an "abusive occupant" – which included anyone who had ever been evicted from publicly owned property – from accessing social housing, with no time limit and no review mechanism.

• 2022: CNCD Decision 96/2022 found that Cluj-Napoca's housing regulations constituted indirect discrimination against Romani families.
• 2023: CNCD Decision 298/2023 imposed a fine on the Municipality for maintaining exclusionary criteria in updated housing regulations.
• 2024–2025: The Municipality of Cluj-Napoca challenged both CNCD decisions before the Bucharest Court of Appeal, arguing that the rules were neutral and not discriminatory, and that the CNCD lacked jurisdiction.
• June 2026: The Bucharest Court of Appeal issued a single judgment rejecting all of the Municipality's arguments and upholding the CNCD's decisions.

Romani people are disproportionately affected by these rules because structural racism often leaves them with no alternative but informal housing, where they are subjected to racialized poverty, residential segregation, and discriminatory eviction practices. A rule that excludes anyone previously evicted, permanently and without review, and therefore has a disproportionate impact on Romani families, even if it appears neutral at first.

Key Findings of the Court

The court ruled that while the rule appeared to be neutral, the exclusion of “abusive occupants” from social housing, without time limits or review mechanisms, creates a disproportionate impact on Romani people. Therefore, it amounts to indirect discrimination under Romanian anti-discrimination law (Government Ordinance 137/2000).  The Court also confirmed that previous court decisions cited by the Municipality did not address discrimination issues and therefore could not be used to prevent the CNCD from ruling on the matter.

The Municipality of Cluj-Napoca also argued that the ERRC lacked standing because it was not a Romanian organisation. The Court rejected it and held that Article 28 of OG 137/2000 allows organisations whose purpose is the protection of human rights to file discrimination complaints.

What Is Indirect Discrimination?

Indirect discrimination describes a rule, policy, or requirement that appears to apply to everyone equally, but in reality, unfairly disadvantages some people based on a protected characteristic such as ethnicity, gender, sexuality, or ability. The "abusive occupant" rule is a textbook example: it looks neutral, but because Romani people are disproportionately evicted due to structural racism, the rule effectively locks them out of social housing.

This press release is also available in Romanian.

For further information, or to arrange an interview, please contact:

Jonathan Lee
Advocacy & Communications Director 
European Roma Rights Centre
jonathan.lee@errc.org 
+32 49 288 7679

Maria Calomfirescu
Justice & Rule of Law Programme Coordinator
Centre for Legal Resources
maria.calomfirescu@crj.ro 
+40 731 007 555

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