The Berlin administrative court ruled that the so-called misappropriation ban is constitutional. Various holiday apartment operators have appealed this law. In Berlin, the prohibition applies to a transitional phase fully for about five weeks. Accordingly, potential housing can only be rented as a holiday, when an exemption exists, though it is hardly given.
The Berlin government hopes again more apartments available for their own population on the market by the law. She predicts a threat situation of housing shortage for the entire capital.
had many of the applicants long before 2014 in force Act came apartments offered and relied inter alia on the grandfathered. resulted in court from their lawyers, they had invested, created business plans for years to come; sometimes they would even employ a number of employees who would now unemployed.
Above all, however, the applicants felt unequally treated in comparison to other traders. Lawyers, doctors, childminders and even brothels would legitimately exercise their profession in a potential living space. Why should just be treated worse holiday apartment operators? “We see our clients hampered in their professional capacity,” said the lawyers.
The state of Berlin defended himself in court, among other things, that, for example, doctors and lawyers to exercise their profession in their rooms and patient or client would receive. Holiday apartment owner does but would accommodate people in their rooms, the short-term tenants are.
The argument: The operator could also rent the housing long-term profitability. So real residential space would be created and the property owners would earn still money. The court agreed with this assessment, as apartment owners have no right to their property with the highest possible return for rent. The Green Council Chairman Stephan von Dassel said after the hearing in an interview with Times Online: “Unlike apartments not open continuously new medical practices or law firms and take off the living room.” The increase in apartments have however become uncontrollably. The Chamber concluded in its judgment unlike applicants to the conclusion that there is “considerable Untschiede” between the commercial holiday rental operators and other trades. Insofar as this should be treated differently.
fines up to 100,000 euros
the applicants tried also to convince them that already the basic diagnosis of the Berlin government was wrong the court. In Berlin there was no nationwide housing crisis, said the lawyers. In some districts do not meet, although to many but it is also. They threw the Senate in its forecast, inter alia, “arbitrary scaling” and “unscientific approach” before.
“I beg your pardon, but that’s the military significance question,” said even the counsel of online apartment mediator Wimdu, Peter Vida. The presiding judge, however, said in her verdict that the prognosis for apartment plight of the Berlin Senate “methodologically and mathematically comprehensible” is.
The Wimdu-Justizar announced that they would definitely go to appeal. “The decision has simply too much scope and the court has this door deliberately left open.” Now It was hoped that the Higher Administrative Court of Berlin-Brandenburg will come to a different decision. They want to also move the Berlin district authorities to take even impose fines, since the process by the possibility of appeal “floating” is quasi still.
According misappropriation prohibition Property Advertiser can expect up to 100,000 euros for infringements with fines. The Green Council Chairman Stephan von Dassel announced “continue to examine each case thoroughly.” But of course it’ll be there at some point in fines if an offense was deemed proved.
Destroyed microcosm
Besides the official plaintiffs were many visitors in the audience who are themselves affected by misappropriation ban. “Unbelievable”, “outrageous” and “sad” it hissed through the rows of seats, as the verdict was announced. For them, their once offered apartments remain still illegal without special permission. For many so that a business model is destroyed.
Marleen Franke, 32 years, describes their situation in an old Berlin apartment building in the district of Moabit. Together with her father she had little by little different apartments for 20 years rented commercially, renovated at his own expense and rented as apartments. “Something has grown. We were not a foreign body in the neighborhood, but fully integrated,” she says.
To have the kebab shop opposite suddenly offered bicycles because of the many holiday guests. “Even the now suffer if we have to close.” The atmosphere was international, a melting pot, a small microcosm. This will be destroyed. “My business model is broken. I have to change completely,” says Franke.
The Council Chairman Stephan von Dassel admits that one must take “collateral damage” in buying with this law. “If they want to reach the goal, again to provide more housing, then the remains unfortunately not.” There prevails an incredibly difficult conflict situation in the city, especially for people who find themselves in difficult situations. “The women come from women’s shelters can not get out, refugees, social assistance and low income have no chance on the Berlin housing market,” says von Dassel.
As if to illustrate this current plight in the courtroom, stating that, in that already all currently remain legitimate refugees could be accommodated in 12,000 apartments, but went only a loud ” Ohhhh “through the audience.
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