In 2006 the Flemish Parliament included the linguistic requirements in the wooncode. The reason was that a growing number of new renters did not have a basic knowledge of Dutch, and this presented a communication problem with the other renters and with the housing services.

Francophone parties saw the linguistic demands more as a measure to needle the Francophones. The Francophone communal government argued that the code was discriminatory because candidate social housing renters were required to learn Dutch. The issue was taken to the Constitutional Court.

But the Constitutional Court did not follow this reasoning. The court did however uphold an earlier ruling that the language requirements do not apply to the municipalities with linguistic facilities. These are the six municipalities around Brussels (which is an enclave in Flanders) and all the other municipalities with facilities along the linguistic border.

Housing code must be adapted on 2 points

The Human Rights League and the Flemish Tenants'' Consultative body had also requested the overturning of parts of the housing code, including the linguistic requirements. The Court did not follow their reasoning.

The two associations also had criticism regarding the two-year trial period for candidate renters. The judge has upheld the trial period, but at the end of the period renters may not be evicted from their residence, even if it turns out that they do not satisfy the criteria. A justice of peace may be brought in to judge whether this is effectively the case.

The housing code will have to be changed on this point; and on the exception of the municipalities with linguistic facilities to the requirement of learning Dutch.

Flemish Housing Minister Marino Keulen (liberal) says in a first reaction that he is pleased that the new big changes to the housing code have withstood the test of scrutiny by the Constitutional Court.