Housing for migrant workers: guidance is permitted, discrimination is not

For many municipalities, finding housing for migrant workers is a topical issue. Housing policies are increasingly being drawn up that regulate and often restrict the letting of rooms and the housing of migrant workers. These restrictions in particular are a regular topic of discussion. This was also the case in a ruling by the Administrative Law Division of the Council of State on December 10, 2025.

This case revolved around the ‘Halderberge 2021 Umbrella Plan’. With this plan, the Halderberge municipal council sought to regulate the housing of migrant workers and seasonal workers and prevent them from settling in residential areas or recreational facilities through room rentals. For this reason, the plan included a ban on room rentals, but also two exceptions, one of which related to seasonal workers and the other a general exception for room rentals.

The discussion in these proceedings revolved around the question of whether the Umbrella Plan was compatible with Article 15 of the Services Directive. More specifically, the question was whether the plan rules were discriminatory. The Division ruled that the problem did not lie in the existence of a ban on room rental per se, but in the fact that the municipality had set up a specific exemption route to allow the accommodation of seasonal workers.

Although the term “seasonal worker” sounds neutral, the assessment framework for the Umbrella Plan showed that it mainly concerns migrant workers from EU countries, particularly Central and Eastern Europe. The municipal council has also acknowledged this. Based on established case law of the Court of Justice, the Division rules here that the plan rules are indirectly discriminatory. According to the Division, it is difficult to explain why renting rooms to a seasonal worker would be different from renting rooms to a Dutch citizen, which gives it a discriminatory character.

Do you have a question about room-by-room rentals and/or housing for migrant workers? Please contact Gerard van der Wende or Fleur Huisman.

You can read the ruling here.