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View over rental houses in Berlin: the topic revived at the federal level
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Sabine Gudath / imago images
After the failure of the Berlin rent cap, the city's senate is aiming for a state opening clause for regulating rents.
He decided on Tuesday to introduce a corresponding Federal Council initiative, as stated in a message from the Senate.
The aim is to create a possibility in federal law for the states to limit rents in tense housing markets.
Previously, the attempt by the Berlin Senate to cap rents in the capital had failed.
The rise in rental prices should be curbed by freezing rents for 1.5 million apartments at the June 2019 level.
However, the Federal Constitutional Court overturned this rule - the city-state does not have the power to do so.
Lid should be possible if displacement is imminent
A nationwide regulation is called for by the left, but recently seemed out of reach.
According to the ideas of the red-red-green Senate, an opening clause could now change the law in such a way that the states can issue regulations on this.
Land law is intended to allow deviations from the rental price regulations of the German Civil Code on tense housing markets.
Specifically, according to the proposal, the federal states should be allowed to deviate "if the housing market situation in individual areas requires this in order to effectively protect tenants from displacement due to rising rents and to keep rents affordable".
"The idea of the rent cover was right, so we now have to create the legal basis for it," said Justice Senator Dirk Behrendt (Greens) for the idea.
That is why the opening clause is needed in federal law in order to be able to intervene in tense housing markets.
Aside from the idea of the rent cap, there are already other rules in Germany to stop the rapid rise in rents - such as the rent brake for new leases or a cap for existing tenancies.
apr / AFP