The bavarian petition for a rent freeze failed before the constitutional court. Bavaria’s highest court rejected the petition for a referendum in munich on thursday.
Rental law is a matter for the federal government. "The review has shown that the petition for a referendum cannot be admitted because the state legislature obviously does not have jurisdiction," the decision said. For the same reason the ministry of the interior had already not admitted the people’s petition and had submitted it to the court.
The tenants’ association and the SPD were behind the now finally failed petition for a referendum. They wanted to freeze rents in 162 bavarian municipalities for six years. Good 52.000 citizens supported the petition for a referendum with their signatures.
The organizers now want to put pressure on the black-red federal government: "since bavaria obviously can’t do it, we’re going to start campaigning for the federal government to finally tackle the huge problem of the housing market," said campaign manager matthias weinzierl. In the fall, the bavarian alliance wants to organize a nationwide "rent stop summit.
"If the rent freeze also fails at the state level in karlsruhe, the federal government must finally introduce it," demanded caren lay, vice faction leader of the left in the bundestag. "Rents must be politically regulated in the interest of the common good."
The bavarian case was only about the bavarian petition for a referendum, but the decision is also not a good sign for the rent cap decided by the red-red-green berlin senate. In the federal capital the rent cap is law, meanwhile the federal constitutional court is busy with it.
Because the berlin regional court also considers a rent restriction by the state to be unconstitutional. In addition, members of the bundestag from the FDP and the CDU have filed a lawsuit in karlsruhe to have the standards checked.
"This ruling confirms our legal opinion and has a signal effect for our procedure," said marco buschmann, the parliamentary manager of the FDP parliamentary group in the bundestag. "The rent cap is no solution – it only exacerbates the housing shortage."
In the construction and real estate industry, the consensus is that the cause of the rental price explosion is not the activities of speculators, but decades of failures in housing construction. Government rent caps are also rejected by socially oriented landlords such as municipal housing associations and housing cooperatives, many of which have traditional ties to the SPD.
These companies rent many apartments below the usual market prices and have been warning for years that they would not have enough money for new buildings if the government imposed rent limits.