Universal Periodic Review

Promote non-discriminatory access to non-profit housing through anti-discrimination work

Proponent:

Remarks to progress by Liga (last modified Apr 1, 2025):

In Austria, there are increasing political initiatives and discussions about enshrining the right to housing in the constitution. Several political parties, such as the SPÖ and the Greens, support this demand to enshrine housing as a human right and a fundamental right for all citizens. The idea behind this is that the right to housing should not just be seen as a voluntary benefit provided by the state, but as a binding entitlement that can also be legally enforced. This demand was supported in particular by Amnesty International, which called for the right to housing to be enshrined in the constitution in its petition. It emphasises that such an enshrinement would be necessary in order to improve the inadequate homelessness assistance services and to combat the problem of homelessness in Austria in the long term. The discussion about the right to housing is particularly important against the backdrop of rising rents and increasing homelessness. However, there is also political resistance. The FPÖ rejects such anchoring and refers to existing instruments such as municipal housing and social housing, which in its opinion already represent a solution for affordable housing. In Austria, the Tenancy Act (MRG) does not apply to all residential properties. It fully protects tenancies in old buildings, subsidised new buildings and certain owner-occupied flats built before 1 July 1953 or 1945, as well as more than two rental flats in a building. For newer and non-subsidised flats, the MRG only applies in part, for example in the case of rent regulations. Living conditions such as holiday flats or detached houses are completely excluded from the Tenancy Act.
  In recent years, many welfare state regulations, including access to affordable social housing, have been tightened for migrants and refugees. Social protection and social participation are thus withheld from immigrants in a discriminatory manner. The Basic Social Assistance Act (Federal Law Gazette I 2019/41) was finally repealed by the Constitutional Court in key points (including qualified knowledge of German as a prerequisite for receiving social assistance), also due to a violation of the requirements of the CERD.
However, numerous other regulations at federal and state level explicitly penalise asylum seekers and persons entitled to asylum, as well as non-EU citizens (third-country nationals) who have been living legally in Austria for a long time in some cases:
For example, the Upper Austrian Housing Subsidies Act, which contains special difficulties in accessing housing subsidies for third-country nationals and refugees who are long-term residents, or the Federal Housing Non-Profit Act, according to which subsidised housing may only be allocated to foreign citizens after 5 years of residence and a successful integration test
In line with current political discourses on marginalisation and ascription to others, the restrictions on various social benefits are primarily aimed at putting foreigners in a worse position.
As part of the Government Plan 2025-2029, the federal government intends to follow up on this recommendation and make housing policy more effective, coordinated and socially balanced (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).