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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Read the untranslated law here: http://www.gesetze-im-internet.de/wozerhv_1/BJNR010090982.html

First regulation of the increase in the interest rate on loans from housing care federal funds (first home care rate increase regulation 1 WoZErhV) 1 WoZErhV Ausfertigung date: 26.07.1982 full quotation: "first home care rate increase regulation of 26 July 1982 (Federal Law Gazette I p. 1009)" footnote (+++ text detection from: 28 7.1982 +++) input formula on the basis of Section 87a paragraph 5 sentence 2 of the second Housing Act as amended by the notice of July 30, 1980 (BGBl. I p. 1085) , by article 27 under article 3 of the law of December 22, 1981 (BGBl. I p. 1523) inserted and by article 2 of the law of 21 July 1982 (BGBl. I S. 969) is has been modified, and on the basis of article 38 of the Housing Act for the Saarland, as amended by the notice of June 10, 1980 (Amtsblatt of des Saarlandes p. 802), by article 3 of the Act of 21 July 1982 (BGBl. I S. 969) is been inserted , the Federal Government with the consent of the Federal Council decreed: are been § 1 scope of application (1) this regulation is on loan and annuity loan (§ 42 para 1 of the second Housing Act) of home care means to apply the 1 before January 1, 1970 granted and 2. for members of the public service or similar groups from public budgets of the Federal Government directly or indirectly provided.
(2) this regulation does not apply to residences (§ 15 of the second Housing Act).

Section 2 (1) loans, which have been granted before January 1, 1960, raising interest rates are subject to articles 3 to 5, with an interest rate of 8 per cent per year to pay interest on.
(2) loans, which however have been granted after December 31, 1959, before January 1, 1970, are subject to articles 3 to 5, with an interest rate of 6 per cent per year to pay interest on.
(3) the higher interest rate starts at 1) (a) family homes within the meaning of § 7 of the second Housing Act, b) condominiums, where the requirements of § 7 of the second Housing Act are available on October 1, 1982 and 2. all other apartments including the second apartments in family homes on 1 April 1983. is the beginning of a new section of the payment (article 18 b para 4 of the housing bond law) not consistent with dates , the higher interest is calculated with the following payment section.
(4) reimbursement grants, interest subsidies or annuity loans fall away due to contractual agreements or equivalent approval notices for the flats affected by the rate increase expenditure loans, from public budgets fully or partially and a rent increase is therefore allowed, so the authoritative pursuant to paragraph 3 date for the beginning of the rate hike if a 1st period of six months prior to the relevant date to the beginning of the next payment section moves , 2. period of six months from the relevant date to the beginning of the next payment section.

§ 3 the rate hike concerns limiting the increase of interest in particular properties for rent (1) according to § 2 para 1 and 2 apartments in the sense of § 2 para 3 No. 2, is limited as follows: 1. the monthly average rent per square metre of living space after deduction of the share of operating costs the following amounts does not exceed (capping limit): (content: unrepresentable table site: Federal Law Gazette I 1982, 1010) the capping limits increase by 0.75 DM per square metre of living space in single-family homes and apartments for a single person. (To reduce the corresponding cost approaches for a) small maintenance according to § 28 para 3 of the second calculation regulation and b) cosmetic repairs according to § 28 para 4 of second calculation regulation, if the renter shall bear these costs. Different capping limits, apply for apartments in buildings or economic entities should be the capping limits on the basis of the living space means. Structural changes for a 1970 Supplement No. 4 of new rents regulation according to article 26, paragraph 1, are not taken into account when application of the capping limits.
2. the increase in the monthly average rent shall not exceed 0,70 Deutsche mark per square metre of living space plus the loss of rent venture arising from the increase of interest rates (capping amount).
3. the monthly average rent must not exceed the standard in comparable communities or in the community charges within the meaning of § 2 para 1 sentence 1 No. 2 of the Act to regulate the rental amount.
(2) limiting the increase of interest rates referred to in paragraph 1 No. 3 requires that the loan debtor submits them in accordance with article 6.

§ 4 the rate hike concerns limit the rate of increase in family homes and condos according to § 2 para 1 and 2 apartments in the sense of § 2 para 3 No. 1, is so limited that the monthly overhead does not exceed 100 Deutsche mark per apartment.

§ 5 special arrangements for mixed-funded housing (1) with living room, which has been promoted with loans in the sense of § 1 home care funding and also from public funds (supported by the mixed housing), the interest rates for the public loan by the respective national regulations, are the Höherverzinsung of home care loan capping limits and capping amounts underlying to lay, as far as in regulations as a whole or in sections by the legislation of the country after December 31, 1981, and before the effective disposing this regulation. The same applies to housing, which has been promoted only with loans in the sense of § 1, if the building or the business entity contains other housing, for the legislation of the country has been rendered. The loan referred to in paragraph 1 and the loans from public funds in different would be to classify authoritative time periods for the capping limits and capping amounts is the authoritative for the loans granted from public funds period of also the Höherverzinsung of the loan from home care resources to be based; Here, the maximum permissible interest rate must not be exceeded pursuant to section 2.
(2) are in mixed funded housing the interest for the public loan after December 31, 1981 and before the effect this regulation has been enhanced, so the relevant ceiling and the relevant Cap amount, taking into account the interest of the public loan must not be exceeded by the Höherverzinsung of the loan from home care resources.
(3) paragraphs 1 and 2 apply accordingly, if instead of or in addition to the Höherverzinsung of the loan from public funds interest and repayment assistance have been reduced according to section 18 d of the housing bond law.
(4) in the cases of paragraphs 2 and 3, the interest rate on the loan financed housing care is set according to the § § 18 c and 18 d para 3 of the apartment binding law from the loan-managing authority.

§ 6 limitation period defences against the impact of the rate increase under this Regulation may be asserted by the loan debtor only within six months of receipt of the notification of the increase in interest. The loan-managing agent has to indicate the loan debtor in the communication on the Höherverzinsung for the limitation period.

§ 7 Berlin clause this Regulation shall apply to § 14 of the third of transfer Act in conjunction with section 125 of the second Housing Act also in the Federal State of Berlin.

Article 8 entry into force this regulation enters into force on the day after the announcement.