First Regulation Of The Increase In The Interest Rate On Loans From Housing Federal Welfare Funds

Original Language Title: Erste Verordnung über die Erhöhung der Zinsen für Darlehen aus Wohnungsfürsorgemitteln des Bundes

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First Regulation on the increase in interest rates on loans from the Federal Government's Housing Funds (First Housing Welfare Ordinance-1. WoZErhV)

unofficial table of contents

1. WoZErhV

Date of delivery: 26.07.1982

Full quote:

" First Housing Savings Rate ordinance of 26. July 1982 (BGBl. I p. 1009) "

Footnote

(+ + + Text evidence from: 28. 7.1982 + + +) unofficial table of contents

input formula

Based on § 87a (5) sentence 2 of the Second Housing Act, as amended by the Notice of 30 June July 1980 (BGBl. 1085), Article 27, subarticle 3 of the Law of 22. December 1981 (BGBl. 1523) and by Article 2 of the Law of 21. July 1982 (BGBl. 969), and on the basis of Section 38 of the Housing Act for the Saarland in the version of the notice of the 10th edition of the German Housing Act ("Housing Construction Act"). Article 3 of the Law of 21 June 1980 (Official Journal of the Saarland, p. 802), July 1982 (BGBl. I p. 969), the Federal Government, with the consent of the Federal Council, decrees: Non-official table of contents

§ 1 Scope of application

(1) This Regulation shall apply to construction loans and to annuity loans (Section 42 (1) of the Second Housing Act) from housing assistance, which is
1.
before the 1. January 1970 and
2.
directly or indirectly for members of the public service or similar groups of persons from public budgets of the Federal Government. Provided
.(2) This Regulation shall not apply to residential homes (Section 15 of the Second Housing Act). Non-official table of contents

§ 2 Interest rate hike

(1) Loans that are before the 1. Subject to § § 3 to 5, interest rates of 8 per annum are to be galvanissed annually, subject to § § 3 to 5.(2) Loans, after 31. December 1959, but before 1. Subject to § § 3 to 5, interest rates of 6 per annum shall be galvanissed each year, subject to § § 3 to 5.(3) The higher interest rate starts with
1.
a)
Family homes within the meaning of Section 7 of the Second Housing Act,
b)
Condominies where the conditions of § 7 of the Second Housing Act are met,
on 1. October 1982 and
2.
all other dwellings, including the second apartments in family homes, on 1. April 1983.
If the beginning of a new payment section (Section 18b (4) of the Housing Act) does not coincide with these dates, the higher interest rate starts with the subsequent payment section.(4) Fallen on the basis of contractual agreements or corresponding approval notices for the dwellings affected by the increase in interest rates, repayment loans, repayment grants, interest subsidies or annuity loans from public budgets or in part, and is therefore allowed to raise a rent, the date of the entry into force of the rate of interest shall be postponed in the event of a loss of interest in the case of a loss of interest style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
within six months before the authoritative point in time at the beginning of the next Payment Section,
2.
within six months of the date of the beginning of the next payment period.
Non-official table of contents

§ 3 Limit of interest rate hike in particular for rental apartments

(1) Subject to the rate increase according to § 2 (1) and 2 apartments as defined in § 2 para. 3 no. 2, it is limited as follows:
1.
The monthly average rent per month Square meters of living space shall not exceed the following amounts after deduction of the operating cost component (capping limits):
(Contents: non-displayable tabletop site: BGBl I 1982, 1010)
The cap limits increase by 0.75 Deutsche Mark per square meter of living space in single-family homes and at Apartments for single persons. They are reduced by the corresponding cost estimates for
a)
small maintenance according to § 28 para. 3 the Second Regulation and
b)
Reality repairs according to § 28 (4) of the Second Calculation Regulation,
if the tenant bears these costs. If different cap limits apply to apartments in buildings or economic units, the cap limits shall be used on the basis of the living areas. Structural changes for which a surcharge is levied pursuant to Section 26 (1) No. 4 of the Neubaumietenverordnung 1970 are not to be taken into consideration when applying the cap limits.
2.
The increase in the monthly average rent may not exceed 0,70 Deutsche Mark per square meter of living space plus the rental-rate wagon resulting from the rate hike (capping amount).
3.
The monthly average rent may be the usual charges in the municipality or similar municipalities within the meaning of section 2 (1) sentence 1 no. 2 of the (
)
limitation of the rate of increase in interest referred to in paragraph 1 (3) requires that the debtor assert it in accordance with § 6. Non-official table of contents

§ 4 Limit of interest rate increases in family homes and condominiums

Subject to the rate hike in accordance with § 2 para. 1 and 2 Apartments within the meaning of section 2 (3) (1) are limited in such a way that the monthly additional charge of 100 Deutsche Mark per apartment does not exceed 100. Non-official table of contents

§ 5 Special arrangements for mixed-assisted living space

(1) In the case of housing, which includes loans within the meaning of § 1 Housing welfare funds and also public funds (mixed subsidised housing), the higher interest rate of the housing loans granted to the public loans by the respective national legislation on the basis of certain interest rates, capping limits and capping amounts, to the extent that, in total or in partial areas, the legislation of the country is based on the provisions of the 31. This Regulation shall be adopted in December 1981 and before the date on which this Regulation becomes effective. This also applies to housing, which has only been provided with loans within the meaning of Section 1, if the building or the economic unit contains other housing for which the country's legislation has been passed. If the loans within the meaning of Article 1 and the loans from public funds were to be classified in different periods of time applicable to the capping and capping amounts, the period of time applicable to the loans from public funds shall be: to base the interest rate on the loan from housing assistance; the maximum permissible interest rate in accordance with § 2 shall not be exceeded.(2) In the case of mixed-subsidised housing, interest on the public loan shall be after 31 December 2008. In December 1981 and before the date on which this Regulation has become effective, the rate of capping of the loan from housing assistance shall be subject to the relevant capping limit and the relevant capping amount, taking into account the interest rate of the public loan.(3) Paragraphs 1 and 2 shall apply mutacatively if, instead of or in addition to the increase in the amount of the loan from public funds, interest and redemption aids have been reduced in accordance with § 18d of the Housing Act.(4) In the cases referred to in paragraphs 2 and 3, the interest rate on the loan from housing assistance under sections 18c and 18d (3) of the Housing Act shall be determined by the administration of the property. Non-official table of contents

§ 6 exclusion period

Objections to the effect of the rate hike under this Regulation may be made by the The debtor shall only be made available within six months from the date of receipt of the notice on the increase in interest. The person administering the loan shall draw the attention of the debtor to the exclusion period in the communication on the interest rate. Non-official table of contents

§ 7 Berlin clause

This regulation applies in accordance with Section 14 of the Third Transfer Act in conjunction with Section 125 of the Second Code of Contents Housing law also in the state of Berlin. Non-official table of contents

§ 8 Entry into force

This regulation will enter into force on the day after the announcement.