Between February and April 2024, the Italian Constitutional Court ruled on the right to non-discrimination in access to public social housing for third-country nationals (TCNs), declaring that some provisions introduced by two regions in northern Italy - Friuli Venezia Giulia and Veneto - were in breach of the Constitution.

As reported in the EWSI comparative report on access to medium- and long-term housing for third-country nationals, published in April 2024, one form of discrimination often suffered by TCNs in Italy is the imposition - in several regions - of specific residence requirements for foreigners to access public housing.

With decision no. 15/2024 the court ruled that a regional law of Friuli Venezia Giulia, requiring additional documents from TCNs in order to access public housing (such as official documents assessing the lack of real estate in the country of origin), is discriminatory.

In decision no. 67/2024, the court declared that a regional law of Veneto is in violation of the constitution, in particular of the principle of non-discrimination, because it imposes a 5-year residence requirement for access to public social housing. TCNs were indirectly discriminated against by this requirement. The court emphasised that access to housing, as an "inviolable social right", cannot be subject to criteria that go beyond a person's state of need. Any requirement of previous residence, which has nothing to do with the applicant's needs, is therefore unreasonable for access to social housing - which is "insensitive to the situation of those who are forced to move as a result of their economic vulnerability" -, and cannot be taken as an appropriate indicator of an applicant's future roots in the territory. 

Both decisions ensure that TCNs residents will have access to public housing under the same conditions as nationals.