THE IRISH HUMAN Rights and Equality Commission (IHREC) has written to the housing minister expressing concern over provisions in new housing legislation that would require social housing applicants to prove they are legally and habitually resident in Ireland.

The Commission said these measures “are likely to result in more people being denied access to social housing assistance”.

The Housing and Residential Tenancies (Miscellaneous Provisions) Bill 2026, which is due to be published this week, will amend housing legislation to formally require applicants to be lawfully resident in the State and to meet a new “habitual residence” test.

Housing Minister James Browne said the changes are designed to bring greater clarity to the rules around who qualifies for social housing support, while placing existing residency requirements on a statutory footing. 

The Commission, however, said the measures “could have particularly severe consequences for victims of trafficking, people who have experienced domestic and gender-based violence, migrant communities, and other vulnerable groups”.

It also said the Bill “would place lawful residence and habitual residence requirements on all adult members of a household seeking social housing support”.

Lawful residency requirements already exist in practice (neither illegal immigrants nor international protection seekers are eligible for social housing), but have not previously been set out in legislation.

Under the bill, different residency rules will apply depending on an applicant’s citizenship or immigration status, including Irish, UK, EU and non-EU nationals.

IHREC’s chief commissioner Liam Herrick flagged concern around people who already face barriers, such as victims of trafficking and survivors of domestic violence, would be sidelined as a result.

“Victims of trafficking are among the most vulnerable people in our society. Safe and secure accommodation is often the first step towards recovery and protection from further exploitation,” Herrick said.

“It is deeply concerning that the Bill, as currently drafted, fails to provide clear safeguards to ensure these victims can access the housing supports they need.”

IHREC called on the government to introduce exemptions or discretionary provisions to ensure that victims of trafficking and victims of domestic, sexual and gender-based violence “are not excluded from accessing social housing support as a result”.