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

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1. WoZErhV

Date of completion: 26.07.1982

Full quote:

" First Housing Welfare Savings Regulation of 26 July 1982 (BGBl. I p. 1009) "

Footnote

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

Input formula

Pursuant to Section 87a (5) sentence 2 of the Second Housing Act, as amended by the Notice of 30 July 1980 (BGBl. 1085), as defined by Article 27, subarticle 3 of the Law of 22 December 1981 (BGBl. I p. 1523) and by Article 2 of the Law of 21 July 1982 (BGBl. 969), and pursuant to Section 38 of the Housing Act for the Saarland, as amended by the Notice of 10 June 1980 (Official Journal of Saarland p. 802), as amended by Article 3 of the Law of 21 July 1982 (BGBl I). 969), the Federal Government, with the consent of the Federal Council, shall: Unofficial table of contents

§ 1 Scope

(1) This Regulation shall apply to construction loans and to annuity loans (Section 42 (1) of the Second Housing Act) from housing assistance, which

1.

before 1 January 1970, and

2.

for members of the public service or similar groups of persons from public budgets of the federal government, directly or indirectly made available

(2) This Regulation shall not apply to residential homes (Article 15 of the Second Housing Act). Unofficial table of contents

§ 2 Interest rate increase

(1) Loans granted before 1 January 1960 shall be subject to an interest rate of 8 per annum, subject to Sections 3 to 5, of an interest rate of 8 per annum. (2) Loans granted after 31 December 1959 but before 1 January 1970 , subject to § § 3 to 5, interest rates of 6 per annum are to be galvanissed. (3) The higher interest rate starts at

1.

a)

Family homes within the meaning of § 7 of the Second Housing Act,

b)

Condominies in which the conditions of Section 7 of the Second Housing Act are fulfilled,

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, in the case of the dwellings affected by the increase in interest rates, repayment loans, repayment grants, interest-rate subsidies or annuity loans from public budgets, in whole or in part, and is therefore subject to a In the case of an increase in the number of tenants, the relevant Time for the start of the rate hike in case of a omission

1.

within six months of the relevant date of the beginning of the next payment period,

2.

within a period of six months from the date of the relevant date to the commencement of the next payment period.

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§ 3 Limit of interest rate increase, in particular in the case of rented accommodation

(1) Subject to the interest rate increase in accordance with § 2 para. 1 and 2 apartments within the meaning of § 2 para. 3 no. 2, it is limited as follows:

1.

The monthly average rent per square metre of living space shall not exceed the following amounts after deduction of the operating cost component (capping limits):

(Contents: non-representable tabla reference: BGBl I 1982, 1010)

The cap limits increase by 0.75 Deutsche Mark per square meter of living space in single-family homes and in apartments for single persons. They shall be reduced by the corresponding cost estimates for

a)

small maintenance in accordance with § 28 (3) of the Second Calculation Regulation and

b)

Beauty repairs in accordance with § 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 in accordance with Section 26 (1) (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 shall not exceed 0,70 Deutsche Mark per square metre of living space plus the rental default wagon resulting from the interest rate increase (capping amount).

3.

The average monthly rent shall not exceed the charges in the municipality or similar municipalities as defined in the first sentence of section 2 (1) of the Act on the regulation of the level of the rent.

(2) The limitation of the rate of increase referred to in paragraph 1 (3) shall require that the debtor assert it in accordance with § 6. Unofficial table of contents

Section 4 Limit of interest rate increases for family homes and condominiums

If the rate increase in accordance with section 2 (1) and 2 (2) of the housing is concerned within the meaning of Article 2 (3) (1), it shall be limited in such a way that the monthly additional charge does not exceed 100 Deutsche Mark per apartment. Unofficial table of contents

Section 5 Special arrangements for mixed-use housing

(1) In the case of housing, which has been financed with loans within the meaning of Article 1 of housing assistance and also from public funds (mixed-subsidized housing), the interest rate of the housing loans granted to the public shall be those for the public. Loans granted by the respective national rules on the basis of certain interest rates, capping limits and capping amounts, to the extent that, in general or in partial areas by law of the country after 31 December 1981, and before the effective date of this Regulation. 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 limits and capping amounts, the period of time applicable to loans from public funds shall be: (2) In the case of mixed-subsidized housing, the interest on the public loan shall not exceed the maximum permissible interest rate in accordance with Section 2. 31 December 1981 and prior to the date of operation of this Regulation, may not exceed the relevant capping limit and the relevant capping amount, taking into account the interest in the public loan, by the interest rate of the loan from housing assistance. (3) Paragraphs 1 and (4) In the cases referred to in paragraphs 2 and 3, the following shall apply in accordance with the provisions of Article 2 (2) and (3) of the provisions of Article 2 (2) and (3) of the provisions of Article 2 (2) and (3) of the provisions of Article 2 (2) and (3) of the provisions of Article 1 (2) Interest rate on loans from housing assistance in accordance with § § 18c and 18d (3) of the Housing Act (Housing Act), which is set by the administration of the administration. Unofficial table of contents

§ 6 exclusion period

Objections to the effects of the interest rate increase under this Regulation may only be claimed by the debtor of the loan within six months 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. Unofficial table of contents

§ 7 Berlin clause

This Regulation shall apply in accordance with Section 14 of the Third Code of Transfers in connection with Section 125 of the Second Housing Act, also in the Land of Berlin. Unofficial table of contents

Section 8 Entry into force

This Regulation shall enter into force on the day after the date of delivery.