Proposal sought for a mandatory directive on commission matters
In a bid to alleviate the ongoing housing shortage and affordability crisis in Berlin, the Green party has put forward a series of rental policies aimed at increasing the availability of affordable housing for lower-income residents.
At the heart of these proposals is a requirement for landlords with more than 50 apartments to offer at least 20% of their units at a price at least 20% below the average local rent. This move is expected to cap rents at approximately €5.77 per square meter monthly compared to the current average local rent of €7.21.
The Green party's proposals also include mandating landlords to allocate up to 30% of their properties to tenants with an annual income below around €42,000. The city administration would select 20% of these tenants as "especially urgent cases," giving landlords limited choice in selecting tenants. Additionally, landlords would be obliged to invest 20% of their rental income into repairs and apartment upkeep to maintain housing quality.
To ensure enforcement of these regulations, landlords would be required to register with a German address. This measure would make it easier for the city to take legal action against non-compliant landlords, who would face removal from the market and a mandatory two-year period to sell their apartments.
The SPD, Germany's Social Democratic Party, has also expressed support for a housing security law that aligns with the current proposals from the Greens and Left party. SPD faction leader Raed Saleh has proposed applying Article 15 of the Basic Law to introduce rent control and market access rules.
While the Left party's exact rental policies in this context are not detailed, their political stance generally leans towards stronger rent controls and tenant protections, similar to the Greens.
The legal justification for these measures is based on the city's authority to regulate the rental market under existing rent control laws. These regulations aim to protect tenants and address housing shortages as a pressing public interest, balancing landlords' property rights with societal needs for affordable housing.
The Green party's "Affordable Rent Act" was adopted at the beginning of July, and the Berlin Tenants' Association has expressed support for the quota for WBS-eligible apartments in private ownership and the demand for a rent and housing cadaster and an office for housing affairs.
The current Senate has also announced a housing security law in its coalition agreement, and the Berlin Tenants' Association hopes to see the current Senate intervene boldly in the housing market in the next few weeks. The construction start for the new city quarter in Mitte, Berliner Molkenmarkt, is planned for 2027.
However, not everyone is in favour of these proposals. Niklas Schenker and Deutsche Wohnen & Co have criticised Saleh's proposal, labelling it "legal nonsense" and "constitutional chaos."
Professor Pia Annika Lange, a public law expert, has concluded that the state has the possibility and obligation to address housing market issues, and measures such as social quota, obligation to maintain the existing stock, transparency obligations, and exclusion from the market in case of violations are legally permissible in a housing policy emergency.
These comprehensive rental reforms are a significant step towards addressing Berlin's housing crisis and ensuring access to affordable housing for lower-income residents. The Green party's proposals, if implemented, could mark a turning point in Berlin's housing market, providing a much-needed solution to the city's affordability issues.
- The Green party's proposals for rental policies also extend to the home-and-garden sector, advocating for Allotment gardens to be made available and affordable for residents with lower incomes.
- The Green party's commitments encompass policy-and-legislation changes beyond rental policies, as they've expressed interest in implementing general-news-related initiatives that support renewable energy and sustainable living as part of their overall lifestyle vision for Berlin.
- The ongoing debates about these rent reforms in Berlin's politics have sparked a national conversation, with other parties expressing their opinions and proposing their own legislative agendas. This discourse has the potential to reshape the housing and lifestyle landscape throughout Germany.
