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Senate plan: Interior Ministry considers Berlin Mietendeckel unconstitutional

2019-11-16T15:35:00.432Z


The Berlin CDU vehemently rejects the planned lease of the red-red-green Senate. Now the CSU-led Federal Ministry of the Interior comes to her: Berlin does not have the right to pass such a law.



The Berlin CDU receives argument in the dispute over the planned Mietendeckel in the capital of the Federal Ministry of the Interior, for construction and homeland. According to the House of Horst Seehofer, the regulation for the housing market decided by the Red-Red-Green coalition violates the Basic Law.

According to an e-mail to the Berlin CDU member of the Bundestag Kai Wegner, who published his party on Saturday, the state of Berlin is "hindered by competence law" from enacting laws on rent limitation. First, the "Berliner Morgenpost" reported about it.

Decisions of the responsible federal legislator should not be "distorted" by individual decisions of a country. The "legislative competence of the countries" is therefore "blocked".

What the ministry experts see in detail critically

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.

The red-red-green coalition of the governing mayor Michael Müller wants to say goodbye to the beginning of next year, a hitherto unique nationwide 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.

CDU politician Wegner said the government is producing "an unconstitutional bill and announcement". If only 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.

Previously, 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 constitutional reasons is questionable.

Source: spiegel

All business articles on 2019-11-16

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