The Right to housing is not guaranteed in the Constitution. However, several housing aspects are regulated by legislation. The general legal framework for housing in Romania is the housing law, Law 114/1996 with subsequent amendments. This Housing Act is the primary legislation applying to private housing stock not owned by landlords who were direct beneficiaries of the post-communist privatization (those landlords inherited the previous tenants, who were given security of tenure). The Housing Act is supplemented by Emergency Ordinance 40/1999, which concerns protection of tenants. All legislation regarding property owner and tenant in Romania is state law, and there is no legislation at local level.
In terms of the Council of Europe, Romania ratified the Revised European Social Charter on 07/05/1999 and has accepted 65 of the Revised Charter’s 98 paragraphs, excluding the Article 31 on the right to housing. Romania has not ratified the Additional Protocol providing for a system of collective complaints.
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The Government passed Emergency Ordinance 57/2008 which amended the Housing Law 114/1996, and modified and completed Government Emergency Ordinance 74/2007 on establishing an insurance fund for social housing tenants about to be evicted or having been evicted from their homes because they have been returned to the former owners. The Emergency Ordinance was approved by Law 84/2008, concerning access to social housing as a means of solving the housing situation of the social class represented by individuals and families due to be evicted or discharged from dwellings returned to former owners in the transition from communism, in the context of the prompt implementation of Government Emergency Ordinance 74/2007.
According to Law 114/1996 on housing, in allocating public housing and housing benefits, local authorities are obliged to give priority to specific groups: young married couples (each under the age of 35 years); young people (over 18 years) leaving social care establishments; first and second- degree disabled persons and others with disability; pensioners; veterans and war widows(ers). However, overall priority is presently given to persons losing their homes through the restitution process. Unless a homeless person falls within the priority groups, s/he is not entitled to social housing or a housing benefit.
