Court dismisses appeal against urgent housing declaration denial due to lack of hardship clause grounds.
Legislator-Zusammenfassung
KI-generiertThe Council of State dismissed the appellant's appeal against the Rotterdam Court's decision to reject an urgent housing declaration. The appellant, a refugee with three young children, argued for a hardship exception despite living in a crack-down housing unit, while the SUWR maintained she did not meet the independent living requirement. The court upheld the lower court's finding that no hardship existed given the family's current shelter and proximity, deeming the decision lawful and not disproportionate.
Legislator-Regeste
KI-generiertArticles 5.4 and 2.5 of the Housing Assistance Regulation Rotterdam 2020; The Social Housing Agency is not required to apply a hardship clause when the applicant lacks independent living space and the decision does not violate the right to family life or constitute a disproportionate measure.