Published by The following issues are applications and legislative initiatives by various members of parliament and political groups in the current German Bundestag and the Länder. What will not be implemented at the moment, may be back on the table with a new composition of the next Bundestag. It is therefore exciting to read which ideas and goals are being pursued by the relevant actors.
In chronological descending order:
BT printed matter 19 / 14369 from the 23.10.2019
Application by Members Christian Kühn (Tübingen), Daniela Wagner, Luise Amtsberg, Canan Bayram, Stefan Gelbhaar, Britta Haßelmann, Katja Keul, Stephan Kühn (Dresden), Renate Künast, Monika Lazar, Steffi Lemke, Dr. Irene Mihalic, Dr. Konstantin von Notz, Filiz Polat, Tabea Rößner, Dr. Manuela Rottmann, Dr. Julia Verlinden and the Alliance 90 / THE GREENS parliamentary group
Legally secure regional rent ceilings for tense housing markets make it possible - to protect tenants in existing leases
including the content,
Limit rent increases in existing leases and to do so
- limit the maximum permissible rent increase on the basis of the local comparative rent in dwelling areas to a maximum of 3 percent per annum, but not beyond the upper limit of the standard comparable rent,
- In the case of rent increases based on comparative rents, the three comparative apartments to be presented should no longer be from the same owner's portfolio;
- significantly slowing down the increase in the rent ceiling for the local comparative rent and to calculate the local comparative rent on the basis of new leases of the last 20 instead of 4 or 6 years;
signed by Katrin Goering-Eckardt, dr. Anton Hofreiter and faction
BR printed matter 469 / 19 from the 27.09.2019
Legal proposal from the state of North Rhine-Westphalia
Draft of a law on the revision of the written form requirement in tenancy law
The termination right due to a written violation of commercial leases shall be limited to the purchaser and the regulation shall be relocated to a newly created § 550 paragraph 566 BGB-E under repeal of the previous § 3 BGB.
In addition, it should be limited in time to 3 months from knowledge of the written form violation. In addition, the termination should be ineffective if the tenant objects to it and agrees to the continuation of the lease on the terms agreed in writing.
signed by Armin Laschet, MP NRW
BR printed matter 468 / 19 from the 27.09.2019
Bill of the Federal Government
Draft of a law extending the period of consideration for the local comparative rent
4 6 558 Abs. 2 BGB
BT printed matter 19 / 13502 from the 24.09.2019
Application by the MPs Caren Lay, Dr. Gesine Lötzsch, Lorenz Gösta Beutin, Heidrun Bluhm-Förster, Jörg Cezanne, Susanne Ferschl, Kerstin Kassner, Sabine Leidig, Ralph Lenkert, Michael Leutert, Amira Mohamed Ali, Victor Perli, Ingrid Remmers, Dr. Kirsten Tackmann, Andreas Wagner, Hubertus Zdebel and the DIE LINKE parliamentary group.
Guarantee Affordable Housing - Rent Lid, Save Social Housing
with the content,
1. to present a bill for a more social regulation of rental prices in tenancy law within the Civil Code, which
- the maximum rent for new and re-letting nationwide limited to the local comparative rent or the lower Vormiete;
- Reduces the capping limit for rent increases up to the standard comparable rent according to the proviso that rent increases may only be made in the context of inflation compensation, but not exceeding 2 percent per year;
- includes a revision of the rent index, so that all charges for rental housing in a municipality included in their calculation and qualifying rent levels are designed as a legally binding instrument for determining the local comparative rent;
2. to encourage the federal states to create public-law rental price regulations for particularly tight housing markets within their own regulatory competence for housing (rental cover);
3. launch a rescue program for social housing in coordination with the countries
- Provide the federal states and municipalities with 10 billions of euro annually for a period of at least ten years in the context of public housing construction in accordance with the Vienna Model for a new start of social, non-profit housing construction and the promotion of municipal, co-operative and non-profit housing construction. In doing so, a need-based share of barrier-free apartments must be created;
- creating a framework for permanent rental and occupancy rates of subsidized housing through the introduction of a new housing charter;
- expire social bonds at short notice and transfer social housing into the non-profit housing sector in the medium term;
4. to submit a bill prohibiting the conversion of condominium rental property into protected areas as well as a general ban on self-employment termination after conversion.
signed by dr. Sahra Wagenknecht, dr. Dietmar Bartsch and faction
BR printed matter 434 / 19 from the 19.09.2019
Law proposal of the state of Berlin
Draft of a law for the abolition of the property tax reimbursement (Tenant Property Tax Relief Act)
with the content of removing the property tax from the catalog of operating costs for new contracts that can be transferred to the tenant
signed by RegBM of the Land Berlin Michael Müller
BT printed matter 19 / 10286 from the 16.05.2019
Application by the MPs Caren Lay, Dr. Gesine Lötzsch, Gökay Akbulut, Lorenz Gösta Beutin, Matthias W. Birkwald, Heidrun Bluhm, Jörg Cezanne, Dr. André Hahn, Ulla Jelpke, Kerstin Kassner, Sabine Leidig, Ralph Lenkert, Michael Leutert, Amira Mohamed Ali, Niema Movassat, Petra Pau, Victor Perli, Ingrid Remmers, Martina Renner, Kersten Steinke, Friedrich Straetmanns, Dr. Kirsten Tackmann, Andreas Wagner, Hubertus Zdebel and the DIE LINKE parliamentary group.
Immediately introduce rental cover
with the content, to regulate by law that rent increases without Wohnwertverbesserung are allowed maximally in the amount of the inflation compensation, however, by a maximum of 2 per year.
signed by dr. Sahra Wagenknecht, dr. Dietmar Bartsch and faction
BT printed matter 19 / 10284 from the 16.05.2019
Application by the members of parliament Caren Lay, Friedrich Straetmanns, Dr. Gesine Lötzsch, Gökay Akbulut, Lorenz Gösta Beutin, Matthias W. Birkwald, Heidrun Bluhm, Jörg Cezanne, Dr. André Hahn, Ulla Jelpke, Kerstin Kassner, Sabine Leidig, Ralph Lenkert, Michael Leutert, Amira Mohamed Ali, Niema Movassat, Petra Pau, Victor Perli, Ingrid Remmers, Martina Renner, Kersten Steinke, Dr. Kirsten Tackmann, Andreas Wagner, Hubertus Zdebel and the DIE LINKE parliamentary group.
Improve protection against dismissal for tenants
among other things with the content of improving the protection against dismissal for tenants so that
- the adjustment of a rent arrears in addition to the immediate and the timely notice becomes ineffective;
- a termination due to a rent arrears of less than two months' rent is excluded;
- a termination due to rent arrears, which are due to the rent reduction due to a lack of the apartment, is only possible in the event of deliberate misuse of the instrument of rent reduction;
- different legal interpretations of tenant rights between tenant and landlord within the contractual relationship must be clarified by the legal process before a termination is possible;
- a termination due to personal use only for the residential use of the owner or the owner itself or the residential use of the immediate family members as a primary residence is allowed and partnerships can not claim such a demand;
- Tenants receive a claim for reasonable compensation for the expenses incurred by their own use termination;
- a termination due to own needs after conversion of the rented apartment into condominium is generally excluded;
- Tenants using the 70. Have not terminated due to personal use.
signed by dr. Sahra Wagenknecht, dr. Dietmar Bartsch and faction
BT printed matter 19 / 10283 from the 16.05.2019
Application by the members of parliament Caren Lay, Friedrich Straetmanns, Dr. Gesine Lötzsch, Doris Achelwilm, Gökay Akbulut, Simone Barrientos, Lorenz Gösta Beutin, Matthias W. Birkwald, Heidrun Bluhm, Birke Bull-Bischoff, Jörg Cezanne, Anke Domscheit-Berg, Brigitte Freihold, Nicole Gohlke, Dr. André Hahn, Ulla Jelpke, Kerstin Kassner, Jan Korte, Sabine Leidig, Ralph Lenkert, Michael Leutert, Amira Mohamed Ali, Niema Movassat, Norbert Müller (Potsdam), Petra Pau, Sören Pellmann, Victor Perli, Ingrid Remmers, Martina Renner, Dr . Petra Sitte, Kersten Steinke, Dr. Kirsten Tackmann, Andreas Wagner, Katrin Werner, Hubertus Zdebel and the DIE LINKE parliamentary group.
No cancellation for tenants over 70 years
with the content that the Federal Government may submit a bill, which gives notice of termination for own use for tenants, the 70. Have completed the year of age, if effectively excluded under contract.
signed by dr. Sahra Wagenknecht, dr. Dietmar Bartsch and faction
BT printed matter 19 / 8827 from the 29.03.2019
Bill by the members of parliament Christian Kühn (Tübingen), Stephan Schmidt, Canan Bayram, Luise Amtsberg, Anja Hajduk, Britta Haßelmann, Dieter Janecek, Katja Keul, Sven-Christian Kindler, Stephan Kühn (Dresden), Monika Lazar, Sven Lehmann, Dr. Irene Mihalic, Claudia Müller, Beate Müller-Gemmeke, Dr. Konstantin von Notz, Lisa Paus, Filiz Polat, Tabea Rößner, Dr. Manuela Rottmann, Corinna Rüffer,
Dr. Wolfgang Strengmann-Kuhn, dr. Julia Verlinden, Daniela Wagner and the faction ALLIANCE 90 / THE GREENS
Draft of a law amending the Civil Code and other laws - abolition of the real estate tax reimbursement (Tenant Property Tax Relief Act)
with the content of removing the property tax from the catalog of operating costs that can be transferred to the tenants of the tenancy and, in the case of existing tenancy agreements, invalidating an apportionment agreement after a transitional period
signed by Katrin Goering-Eckardt, dr. Anton Hofreiter and faction
BT printed matter 19 / 7770 from the 13.02.2019
Motion for a resolution by MEPs Caren Lay, Dr. Gesine Lötzsch, Susanne Ferschl, Dr. André Hahn, Gökay Akbulut, Lorenz Gösta Beutin, Matthias W. Birkwald, Heidrun Bluhm, Jörg Cezanne, Sylvia Gabelmann, Kerstin Kassner, Dr. Achim Kessler, Katja Kipping, Jan Korte, Sabine Leidig, Ralph Lenkert, Michael Leutert, Amira Mohamed Ali, Niema Movassat, Victor Perli, Ingrid Remmers, Martina Renner, Friedrich Straetmanns, Dr. Kirsten Tackmann, Jessica Tatti, Andreas Wagner, Hubertus Zdebel, Sabine Zimmermann (Zwickau), Pia Zimmermann and the DIE LINKE parliamentary group.
with the request to the Federal Government,
1. launch a public housing program of 10 billion euro per year over a period of at least 10 years, including:
- the earmarked 5 billion in social, non-profit housing development by the countries;
- an investment program for municipal and co-operative housing worth 5 billions of euros, of which 4 billions of euros as grants to municipal housing companies, cooperatives or other charitable organizations as well as 1 billion for a remunicipalisation and land fund;
2. to present, without delay, a bill for a comprehensive reform of tenancy law
- the so-called Mietpreisbremse nachbessert so that it works nationwide, without exception and indefinite;
- Rent increases in existing leases effectively limited to inflation compensation, up to a maximum of 2 percent per annum;
- Rent increases following modernization due to the cancellation of the modernization allocation and a legal entitlement to public subsidies for energy-efficient refurbishment are reduced to a minimum;
- Violations of the rights of tenants effectively sanctioned;
- strengthens the protection of tenants from dismissal and loss of housing;
- extends the possibilities of participation and the collective perception of tenant rights;
- protects small businesses, social institutions, cultural enterprises as well as non-profit associations and institutions by introducing a commercial tenancy law;
- the allocation of operating costs to the tenants simplified and consumer-friendly;
3. to submit a bill for a reform of the housing allowance with the aim of
- to significantly reduce the housing cost burden of households by increasing the housing allowance claim;
- to continually adjust income and rent limits to wage developments and price increases;
- by introducing a climate component to ensure that recipients of housing benefits are not displaced by energy renovations.
signed by dr. Sahra Wagenknecht, dr. Dietmar Bartsch and faction
BT printed matter 19 / 7734 from the 13.02.2019
Application by the MPs Dr. Wolfgang Strengmann-Kuhn, Christian Kühn (Tübingen), Anja Hajduk, Corinna Rüffer, Sven Lehmann, Daniela Wagner, Markus Kurth, Beate Müller-Gemmeke, Britta Haßelmann, Renate Künast, Canan Bayram, Lisa Paus, Stefan Schmidt, Katharina Dröge, Dieter Janecek, Sven-Christian Kindler, Lisa Badum, Stefan Gelbhaar, Dr. Bettina Hoffmann, Katja Keul, Sylvia Kotting-Uhl, Stephan Kühn (Dresden), Steffi Lemke, Dr. Irene Mihalic, Tabea Rößner, Dr. Julia Verlinden, Gerhard Zickenheiner and the Alliance 90 / THE GREENS parliamentary group
Ensuring a sustainable human right to housing - fighting housing and homelessness consistently
1. launch a national action program to prevent and tackle homelessness and homelessness, and
- to set the goal that there will no longer be homelessness in Germany at the latest until 2030, in line with the Sustainable Development Goals (SDGs) 1.1 goal of completely eliminating extreme poverty in Germany, including 2030,
- as a basis for implementing nationwide homelessness statistics,
- to expand the overall data and research funding,
- to engage in constructive dialogue with the countries and municipalities about the best possible problem-solving strategy and
- to ensure a fair participation of (former) stakeholders;
2. massively strengthen primary prevention so that homelessness does not arise
- the supply of affordable housing for all people is treated as a matter of priority and sustainably ensured by:
- The federal government is doubling its funding for housing subsidies for the federal states from today 1 billion euros per year to at least 2 billion euros, also beyond 2019. It would be desirable that the social housing quota for new buildings is increased by the federal states and that a fixed percentage is guaranteed especially for homeless and homeless people as well as a fixed percentage of barrier-free apartments,
- the federal government introduces a new residential community in order to create and socially bind one million permanently affordable apartments over the next ten years;
- Ensuring that housing remains affordable for all by:
- legal framework and minimum standards for the adequacy of the costs of accommodation (KdU) at the federal level are developed, which ensure the coverage of housing costs in basic security,
- the actual cost of housing in basic security (KdU) is also taken over the limit of adequacy as long until a move to a cheaper apartment can be made, as before, the parties are encouraged to actively search for a cheaper apartment,
- the federal funds are doubled for the housing subsidy, it is also extended in coordination with the countries to a climate component, and automatically adapted to the income and rent development,
- the rental price brake will be converted into an effective instrument to limit re-leasing
- Rental increases in existing leases are significantly reduced,
- Social security can no longer be reduced by sanctions and all legal means of reduction are abolished without replacement,
- EU citizens who are looking for work, supported from the outset by the Federal Employment Agency, and after three months have been granted access to basic benefits, have been able to connect to the local labor market actively looking for work and having reasonable prospects of getting a job,
- the federal government is working to ensure that recognized debt and consumer credit counseling services are available to all, irrespective of the previous benefit entitlement, while ensuring that counseling centers are adequately funded to provide timely and competent advice, avoids over-indebtedness;
3. develop secondary prevention measures in the event of imminent homelessness by:
- Forced evictions of apartments are reduced, z. For example, by the Federal Government proposing to the Bundestag that tenants are allowed to pay rent arrears within two months in order to render ordinary dismissals ineffective.
- It checks whether the obstacles to eviction, when it comes to a household with children, are increased,
- the presumption of fault borne by the tenants does not apply if the job center or the social welfare institution directly transfers the rent to the lessor and the landlord and becomes late or accumulate insufficient arrears rent arrears, which entitle the landlord / the landlord to a termination,
- It is ensured that local courts will inform job centers and social welfare offices early in the event of imminent eviction, for example by introducing a notification obligation.
- the federation seeks solutions together with the municipalities and countries, how it can be ensured that people who are threatened with the loss of housing have active help in finding a new home and the staff in the counseling centers in dealing with people with disabilities or mentally trained in mental illness,
- Layoffs from institutions such as detention centers are made so that homelessness does not result
- For EU citizens, financial revisions within SGB XII are being examined, which municipalities can call on to provide assistance in the event of a housing emergency, since the existing loan and bridging services are insufficient;
4. To take measures, which quickly resort to homelessness, thus enabling homeless and homeless people to quickly reintegrate into normal housing, and especially
- primarily using and promoting the housing first approach,
- to ensure the financial security of those affected
- to ensure health care
- to allow access to shelters, irrespective of social benefits, and to encourage municipalities, also with a view to EU citizens, to fulfill their accommodation obligation;
- ensure a decent emergency response, which also takes into account the special needs of families, women and young people, is gender-sensitive and follows guidelines for decent emergency care,
- as well as to ensure good care for all concerned.
signed by Katrin Goering-Eckardt, dr. Anton Hofreiter and faction
see the resolution recommendation and report of the Committee for Building, Housing, Urban Development and Municipalities from April 26.04.2019, XNUMX in BT printed matter 19 / 9697: Rejection of the motion with the votes of the parliamentary groups of the CDU / CSU, SPD, AfD and FDP against the votes of the political groups DIE LINKE. and ALLIANCE 90 / THE GREENS.
BT printed matter 19 / 4885 from the 10.10.2018
Application by the MPs Caren Lay, Dr. Gesine Lötzsch, Pascal Meiser, Gökay Akbulut, Lorenz Gösta Beutin, Heidrun Bluhm, Jörg Cezanne, Nicole Gohlke, Dr. André Hahn, Ulla Jelpke, Kerstin Kassner, Sabine Leidig, Ralph Lenkert, Michael Leutert, Amira Mohamed Ali, Niema Movassat, Petra Pau, Victor Perli, Ingrid Remmers, Martina Renner, Friedrich Straetmanns, Dr. Kirsten Tackmann, Andreas Wagner, Hubertus Zdebel and the DIE LINKE parliamentary group.
Stop rents increase, protect tenants, prevent displacement
comprehensive reform of tenancy law with the following changes:
1. The improvement of the so-called rent-price brake by
- the landlord or landlord is obliged to disclose the amount of the pre-rent as well as all relevant information for the determination of the permissible rental amount to the tenant unsolicited at the conclusion of the contract;
- Too much demanded rent from the beginning of the lease must be repaid;
- sanctioned if landlords exceed the prescribed rental price ceiling;
- the exemptions from the so-called rent-price-brake are eliminated, as they apply to comprehensively modernized apartments, new housing and pre-rent above the local comparative rent;
- the validity of the so-called rent-price brake is extended to the entire federal territory;
- the so-called rent-price-brake is limited in time, so that it is valid beyond the current five years; and
- the maximum rent for re-letting is set at the local comparative rent or, if applicable, lower pre-rent.
2. The limitation of rent increases in existing tenancies by
- Rents are reorganized so that all charges for rented flats in a municipality are included in their calculation, qualifying rent levels are designed as a legally binding instrument for determining the local comparative rent and cities with more than 25.000 inhabitants are required to provide qualified rental rates. The federal government should contribute half of the costs incurred;
- the capping limit for rent increases is lowered, provided that rent increases up to the local comparative rent are only allowed within the framework of inflation compensation, but not exceeding 2 percent per year;
- Authorities are legally authorized to set area-specific prescription rents (municipal maximum rents) in areas with social conservation statutes (environmental protection).
3. The reduction of rent increases after modernization to a minimum, by
- the apportionment of modernization costs according to § 559 BGB is deleted;
- In the case of energetic refurbishments, a legal claim to public support is introduced in order to create an incentive for energy renovation. For this purpose, public funding for energy-saving refurbishment measures will be significantly increased and supplemented by tax depreciation options for owners. In this context, leasing law guarantees a guaranteed rental neutrality for tenants. In addition, low-income people should be enabled to rent energy-efficient housing through the introduction of a climate component in housing subsidies;
- Luxury modernization against the will of tenants can be prevented by limiting the obligation to grant value-enhancing measures to those who adapt the dwelling to legal requirements or put it into a generally accepted standard. The term "generally accepted" should apply if at least two-thirds of all rental apartments of the same age in the community have this standard of equipment;
- the right to social hardship in relation to the age, household income and health status of tenants living in the household is bindingly protected in such a way that they are effectively protected against unreasonable increase in tenants as a result of modernization and impending dismissal of the dwelling;
- Landlords are required to announce modernization, highlighting the form and term of the claim to social hardship.
4. The sanctioning of infringements of the rights of tenants
tern by
- by a corresponding amendment of § 5 of the Wirtschaftsstrafgesetz, all violations of the permissible rent can be punished in general as administrative offenses and landlords can be fined;
- the omission of repair work as well as the abusive announcement or execution of unlawful structural changes (eg the so-called outmodernization) as an administrative offense, combined with claims for damages for the tenants, can be punished.
5. The extension of protection for tenants from termination and loss of housing, so that
- the adjustment of a rent arrears in addition to the immediate and the timely notice becomes ineffective;
- a termination due to a rent arrears of less than two months' rent is excluded;
- a termination due to rent arrears, which are due to rent reduction due to a lack of housing, only in case of intentional misuse of the instrument of rent reduction is possible;
- different legal views on tenant rights between tenants
and landlords must first be clarified within the contractual relationship by legal recourse, before a termination is possible; - a termination for personal use only for the residential use of the owner himself or the residential use of his closest family members as a primary residence is allowed and the assertion is excluded by partnerships;
- Forced evictions are effectively prevented by foreclosing evictions of homelessness and non-negligence by tenants or by the tenant, repeal the 2013 introduced provisions to facilitate evictions (§§ 283a and 885a ZPO) and obligatory the municipalities responsible for municipal housing welfare be notified in order to prevent imminent evictions.
6. Strengthening collective tenant rights by
- through a collective action right for tenants associations collective test and opposition rights as well as group action possibilities for tenants are introduced;
- binding rights of participation have been created for tenants of state-owned apartments and tenant councils have been established for each;
- the right of first refusal for tenants is extended, so that it also applies to sales of apartments after first sale and for sales of the undivided tenement as a whole and can also be exercised by tenant cooperatives or similar charitable tenants associations with public interest-oriented legal forms.
7. The introduction of a commercial leasing right for the protection of small businesses, social institutions, cultural enterprises and non-profit associations and institutions by:
- Rules for the preparation of commercial rent levels for binding determination of the local comparative rent are set;
- a rent brake and regulations to limit rent increases for commercial premises are introduced;
- Arrangements for a minimum contract period and for rights to renewal;
- the dismissal protection is improved.
8. The simplification and tenant-friendly design of the apportionment of operating costs, so that
- a reduced, mandatory and completed catalog of recoverable operating costs and
- the levy of the property tax on the tenants is excluded;
- Landlords are obliged to formal requirements for a uniform, transparent and for the tenants comprehensible utility bill;
- binding rules for the determination of living space are set and is also regulated by law, that for the determination of the rent on conclusion of a contract and rent increases, as well as for the levy of operating costs, the actual living space is used.
signed by dr. Sahra Wagenknecht, dr. Dietmar Bartsch and faction