The caretaker cabinet said on Friday it is pressing ahead with legislation that would remove the “priority” some refugees are given when it comes to social housing, even though the idea was slammed by the government’s most senior advisory body.

The Council of State said last month that the draft legislation would lead to unequal treatment before the law and therefore conflict with the constitution. The bill, the council said, should not proceed in its present form.

Refugees with residence permits already have “a disadvantageous starting position on the housing market,” the Council of State said. But housing minister Mona Keijzer’s plan, it said, would prevent local authorities from compensating for that disadvantage.

Despite the criticism, ministers have agreed to press ahead, saying it ensures everyone has an equal chance on the housing market. “And that includes refugees who need housing urgently, because they are ill or getting divorced,” the cabinet said.

Housing minister Mona Keijzer told reporters after the cabinet meeting that the priority rule is unfair considering some people have to wait 10 years for a home. “Refugees are offered a home 14 weeks after they are given a residency permit,” she said. “This is impossible to explain to people who have been waiting so long.”

In practice, very few refugees are given a home so quickly. Around 18,000 people are currently living in formal refugee accommodation who should already have moved to regular housing but cannot do so because of the shortage of homes.

“Buying or renting a home not covered by rent controls is also an option,” the cabinet statement said, “as well as sharing a home, renting a room or moving in with family and friends.”

Contrary to claims by far-right groups, refugees do not automatically have priority over Dutch nationals. If they are offered a home, they must accept it even if it does not fully meet their needs. If they refuse, they can be evicted from the refugee accommodation where they are living.

Keijzer’s proposal differs from an amendment tabled by far-right PVV MP Jeremy Mooiman, which was unexpectedly adopted in early July when several left-wing MPs were absent.

That plan would bar councils from granting urgent housing status to anyone without Dutch nationality, including asylum permit holders, students, labour migrants and foreign spouses of Dutch citizens. Keijzer said in August that the measure was unconstitutional.

Given that parliament is now in recess ahead of the general election, the bill will be debated and voted on by the new intake of MPs.