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Thursday, October 29, 2020
In Berlin, the second stage of the rental limit will take effect in November. Karlsruhe constitutional judges reject urgent motion. Reason: As a result, the owners would not suffer serious disadvantages.
Shortly before the second stage of Berlin’s controversial rent limit came into effect, the Federal Constitutional Court rejected a temporary suspension. The Karlsruhe judges rejected the urgent request of a civil law company that rents 24 apartments in Berlin. There was no serious handicap of particular weight, the court said, not even for the affected homeowners as a whole. The second stage of the rent limit will go into effect on November 22. Then excessive rents are prohibited. This applies if the rent is more than 20 percent above the upper limit.
In Berlin, rents for 1.5 million apartments have been frozen at the June 2019 level since February 23. Starting in 2022, they can increase to a maximum of 1.3 percent annually. If an apartment is rented, the landlord must meet the new upper limits set by the state and the last required rent.
With the single rent cap nationwide, the red-red-green Senate wants to curb the recent sharp rise in rents in the capital. Legally and politically, the project is highly controversial, so so-called rule review complaints and other procedures are pending before constitutional courts at the state and federal levels.
In Berlin, the parliamentary groups of the CDU and FDP had sued, in Karlsruhe Union and FDP, Bundestag politicians and landowners. They consider that the rent cap is unconstitutional. Senate lawyers had already suggested in July that the legal review of the rental coverage should await a fundamental decision from the Federal Constitutional Court and that proceedings in the Berlin Constitutional Court be suspended until then.
