DThe idea of the Senate sounds tempting, at least for tenants: Many rents in the capital should not be allowed to be increased, although there is a great demand for apartments. It's not that easy.
The planned Mietendeckel of the Berlin Senate violates the opinion of the Federal Interior Ministry against the Basic Law. The State of Berlin is "prevented by competence laws" laws to set the rent limit, writes the Ministry of Interior in an email to the Berlin CDU Bundestag Deputy Kai Wegner, which published the Berlin CDU on Saturday. The reason: The rental price limit has already been "comprehensively and finally regulated" by the federal government.
Furthermore, it says from Horst Seehofer (CSU) Ministry: Such decisions of the competent federal legislature should not be "distorted" by individual decisions of a country. The "legislative competence of the countries" is therefore "blocked". The "Berliner Morgenpost" had first reported about it.
Interference in property rights
The lawyers in the Federal Interior Ministry but also consider individual points of the planned Berlin Mietendeckel law for problematic. The bill interferes with the ownership of the apartment owners, according to the mail, which was sent on 31 October. In addition, all landlords would be recorded without any difference from the planned rent stop. Also, rising prices of maintenance would not be considered.
Wegner criticized now: "Red-Red-Green produces an unconstitutional law with announcement." If later a court would overturn the Mietendeckel, threatened "chaos". On the tenants would be high back payments. Berlin would be over years without a legally secure rent index. The planned law is already causing damage because rents are being raised and refurbishments are being postponed.
Protest from the real estate industry
Already the scientific service of the Berlin House of Representatives had come to the conclusion that the retroactive freezing of rents at the level of June 18, 2019 for reasons of the rule of law is questionable. Even the Central Association of Real Estate Committee (ZIA) had spoken out against the draft at an early stage. Its president Andreas Mattner called the plans an "attack" on the industry and all owners. At the time, he called for the League to act. According to the current state of knowledge, the rental cover is unconstitutional – for such cases, there is the standard control action.
The red-red-green coalition of Berlin wants to decide by the beginning of next year a nationwide hitherto unique Mietendeckel law. It is planned to freeze the rents for five years and to set new leases according to the age and equipment of the apartment. In certain cases, rent reductions should also be possible.
(TagToTranslate) Kai Wegner (t) Horst Seehofer (t) Federal Ministry of the Interior (t) CDU Berlin (t) Berlin Senate (t) Ministry of the Interior (t) CSU