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Berlin (dpa / bb) - For tenants in Berlin, the legal situation regarding the rent cap remains confusing.
According to a decision of the administrative court, district offices may prohibit rent increases on the basis of the law.
The law was not manifestly unconstitutional and should therefore be applied, the court announced on Wednesday.
In contrast, the regional court considers the law to be formally unconstitutional.
The Federal Constitutional Court will therefore have the last word.
His decision is expected in the next few months.
In essence, it is about the question of whether Berlin can enact such a law at the state level and thus temporarily override the provisions of civil law.
The administrative court sees Berlin in the law.
In the specific case, the Pankow district office stopped a rent increase by a housing company after the tenant concerned had contacted the office.
An appeal against the decision is possible at the Higher Administrative Court of Berlin-Brandenburg.
Since February 2020, rents in Berlin for 1.5 million apartments have been frozen at the June 2019 level.
From the year after next, they may increase by a maximum of 1.3 percent annually.
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© dpa-infocom, dpa: 210331-99-42610 / 2
Press release