(back)
Access to private housing for undocumented migrants in Belgium
Private housing remains the housing sector most used by undocumented
migrants. Whether undocumented migrants are able to access the private market is
primarily a financial issue. Legally there is no obstacle, and housing space is
not an issue in large cities in Belgium.
Big cities
Most
undocumented migrants seem to live in districts of large cities where large
numbers of foreigners live. This is due to both the cost of the accommodation
and also to the fact that they are likely to stay unnoticed there. Two Liège neighborhoods are
almost undocumented migrant ghettos (one is especially inhabited by gypsy
families), where many are paying high prices for accommodation in very poor
sanitary conditions. They pay around 400euros (charges not included) for a
two-room flat with water on the landing.
No effective protection against bad conditions
Even though the law does not forbid
people staying illegally in Belgium from signing a lease, the problems they face
looking for accommodation are multiple, especially when they have little
financial means. The relationship between landlords and tenants is biased by the
absence of the legal status of the latter. Their undocumented position makes it
almost impossible to reclaim their rights when the landlord asks for high rent,
does not honour commitments or refuses to return the deposits when the tenants
leave the flat. We say “almost” impossible because no disposition in Belgian
law prevents an undocumented migrant from starting a civil or penal procedure in
court. The interviews revealed that
several landlords take advantage of the legal inferiority of the undocumented,
asking for high rents for precarious accommodation.[1]
A modification of the Belgian aliens law has added these landlords to the list of people who can
be persecuted for not providing humanitarian help to illegal migrants. The
offence is then “having made abuse of the vulnerable position of an illegal
foreigner in renting accommodation with the objective of realising an abnormal
benefit.” If the employer of an undocumented person is also the landlord, this
creates a double dependence of the migrant.[2]
Eric Wynants from Point D’Appui
in Liège has contacted owners to try and discuss the conditions of the lease,
though this has usually lead to people being thrown out of the property by the
owner who’s no longer free to do what he likes. It is actually common for an
owner to throw a person out from one day to the next, hereby going totally
against the current legislation. The Belgian legislation strongly protects
tenants: even when there is no signed rental agreement, the tenant is still
protected by the oral lease. Nevertheless, whether undocumented persons do or
don’t know about their rights as tenants, they usually show reticence towards
taking judicial actions towards owners by fear of revealing themselves.
Lies Deckers from Antwerp
Minority Centre points at the fact that landlords are also not insured
against damages, for example when the migrants disappear.
Decay
Deckers explains that the local authorities wish to
fight against the decay of houses in Antwerp. Many of the victims of these
unsanitary houses are undocumented migrants. For these migrants there is often
only one solution when they are evicted: move into another housing in similar
conditions. For this reason the organization is trying to raise this issue with
the local authorities to find a common solution.
Debts
Many individuals or families are indebted to the owners. This problem is
resolved either by finding new illegal work that will pay the rent, by receiving
money from one’s family or an organization, or by being thrown out.
[1] Adam, I., “The Social and Economic Situation of Undocumented Migrants in Belgium” in PICUM. Book of Solidarity (Volume I): Providing Assistance to Undocumented Migrants in Belgium, Germany, the Netherlands and the UK. Brussels: PICUM, 2002
[2] Adam, I., “The Social and Economic Situation of Undocumented Migrants in Belgium” in PICUM. Book of Solidarity (Volume I): Providing Assistance to Undocumented Migrants in Belgium, Germany, the Netherlands and the UK. Brussels: PICUM, 2002