In Brief: Berlin’s rent cap could be in jeopardy after a court in Bavaria ruled rent freezes there unconstitutional

The Bavarian ruling that voided a referendum has bolstered the arguments of rent cap critics in Berlin.

Photo by Alana Harris on Unsplash


By Dina Elsayed and Kate Brady 

A lot of Berliners have been teleconferencing from home with their workplace since the coronavirus pandemic began. 

Now, many have the option of going to court from home as well.

On Thursday, a civil court in the German capital held its first video-conferenced hearing in an insurance company dispute over water damage.

Teleconferenced hearings in Germany were made legal seven years ago.

Court spokesman Thomas Heymann says with the coronavirus pandemic, the virtual hearings will come in handy, as the risk of infection is lower when there are fewer people in courtrooms.


Berlin’s rent cap could be in jeopardy after a court in Bavaria ruled that a referendum on a six-year freeze of rents is unconstitutional. 

The court said on Thursday that tenancy law is a federal issue, not a state one. Referenda in Bavaria are only permitted for state laws.

The ruling bolsters the arguments of conservative politicians in Berlin who oppose the rental cap that’s already been in place in the German capital since February. They say Bavaria’s ruling shows that the Berlin rent freeze is also unconstitutional.

The freeze in place as of February 23rd, caps rents on some 1.5 million apartments in Berlin at the June 2019 price. From 2022, they may increase by a maximum of 1.3% annually.

This news is brought to you in cooperation with Berliner Rundfunk.

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