Law On The Dismantling Of The False Subsidy Housing

Original Language Title: Gesetz über den Abbau der Fehlsubventionierung im Wohnungswesen

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Read the untranslated law here: http://www.gesetze-im-internet.de/afwog/BJNR115420981.html

Law on the removal of faulty subsidies in housing (AFWoG) AFWoG Ausfertigung date: 22.12.1981 full quotation: "law on the removal of faulty subsidies in housing as amended by the notice of 13 September 2001 (BGBl. I p. 2414), most recently by article 8 of the law of September 5, 2006 (BGBl. I S. 2098) has been changed" stand: Neugefasst by BEK. v. 13.9.2001 I 2414;
 
as last amended by article 8 G v. 5.9.2006 I 2098 for details on the stand number you will find in the menu see remarks footnote override to 31.12.1994 go up. by article 3 G v. 8.6.1989 I 1058 mWv 16.6.1989 (+++ text detection from: 1.1.1982 +++) the G as in article 1 of the article 27 G 63-15-3 v. 22.12.1981 I 1523 (HStruktG 2) by the German Bundestag, with the consent of the Federal Council decided. It is under article 27 subspecies. 5 section 5 sentence 1 of the 1.1.1982 entered into force.

§ 1 compensation of owners of apartments for rent (1) owners of a publicly funded apartment within the meaning of the housing bond law have to make a compensation payment if 1 their apartment in a community is, which is determined by national provisions pursuant to paragraph 4, and 2. the income limit (section 3) by more than 20 per cent higher than their income subject to § 2.
Multiple owners of same apartment are jointly and severally liable.
(2) more than half of the floor area of an apartment is sublet, so also the untervermietete part is regarded as an independent apartment. Is half or less than half of the floor area of an apartment sublet, so the untervermietete and the non untervermietete part together form an apartment; Users of the untervermieteten part is not considered to apartment owners, unless it involves members of the household in the meaning of § 18 of the Housing Promotion Act. The owner or other claimant rented a part of the apartment itself used by him, sentences 1 and 2 shall apply mutatis mutandis.
(3) the compensation is 1 0.25 euro, 2 0.60 euros, 3. 1 euro per month per square metre of living space if the income limit is exceeded by more than 20 per cent, but not more than 35 per cent if the income limit is exceeded by more than 35 per cent, but not more than 50 per cent, if the income limit is exceeded by more than 50 per cent.
(4) referred to in paragraph 1 sentence 1 No. 1 only such communities can be determined, where costs rents (§§ 8 to 8b of the housing bond law) publicly funded apartments for rent significantly less than the customary rents of comparable, not are rental apartments. This requirement exists in a community, may be waived by the determination, if the administration of the survey would be the compensation in a disproportionate to the expected revenues.

§ 2 compensation exceptions (1) an is not to do if 1 is even used residential property within the meaning of § 17 para 2 of the Housing Promotion Act; § 1 paragraph 2 sentence 3 shall remain unaffected;
2. an apartment owner receives housing benefit;
3. a householder a) ongoing services to the living after the twelfth book of the social code or b) complementary assistance to the living according to § 27a of the Bundesversorgungsgesetzes or c) services to the subsistence costs receives after the second book of the social code and also no income obtained a compensation payment would make for their consideration;
4. a householder apartment on ground using a certificate of the residence (§ 5 of the housing bond law), within the last two years, in the cases of the force until 31 December 2001 § 5 para 1 sentence 2 letter b of the housing bond law and applicable from 1 January 2002 § 5 of the housing bond law in conjunction with article 27, paragraph 3, sentence 4 has been granted no. 2 of apartment space support act within the last three years before the beginning of the service period (section 4) , or 5th after December 31, 2001 applicable § 7 of the housing bond law, an exemption has been pronounced a) for the area in which the apartment is, or b) an exemption for the area has been pronounced for a flat under the condition of a higher interest rate or other ongoing payment on or after the 1st January 2002 applicable § 7 para 1 of the housing bond law in conjunction with section 30 of the Housing Promotion Act , in which the apartment is located.
(2) from the collection of a compensatory payment may be waived for individual apartments or flats certain kind wholly or in part, if the facts justify the assumption that the rental of these homes would otherwise not secured during the performance period.
(3) this Act does not apply to publicly funded homes.

Section 3 income, income limit (1) the income and the income limit are determined by the articles 9 and 35 par. 1 sentence 1 of the Housing Promotion Act; If a deviation is set on the basis of § 9 para 3 of the Housing Promotion Act, the income limit is determined by this deviation. All persons who use the apartment not only temporarily, are taken into account, as far as not otherwise resulting from § 1 para 2.
(2) the conditions prevail on April 1 of the year preceding the period of service (section 4). 1 in the cases of § 4 para 3 is the date of application for registration of the residence license exception from this rule or for which no subsequent application for the date of reference of the apartment, 2. in the cases of § 4 para 4 sentence 3 of the time of the request according to article 5, paragraph 1 and 3 in the cases of § 7 para 2 of date of submission applicable.

§ 4 beginning of compensation, performance period (1) starting duty 1 for owners of flats for the public funds before January 1, 1955 granted was, on January 1, 1983, 2 for owners of flats for the public funds after December 31, 1954, but before January 1, 1963 granted was, on January 1, 1984, 3. for holders of apartments , for public funds after the 31 December 1962 have been granted, on 1 January 1985 (2) a notice of performance only at a later stage than the one in paragraph 1 is granted time referred to, begins the obligation on the first day of the second calendar month following on the issuance of the decision.
(3) in Berlin, Germany the requirements for the performance of a compensatory payment in granting the certificate of the residence after the housing bond law exists, so the financial compensation paid by the purchase of the apartment is payable.
(4) the monthly compensation each are set for a period of three years (period). In the cases of paragraphs 2 and 3, the performance period is set so that it ends at the time when he ends up in other apartments of the vintage group referred to in paragraph 1. A reconsideration of the income is allowed until the beginning of the last year of a performance period, if the competent authority has reserved the review.
(5) the compensation payment is to complete a full euro. Amounts up to 10 euro per month are quarterly, monthly in advance to pay higher amounts.

§ 5 proof of income, information (1) every owner of apartment has prompted to name the persons which not only temporarily use the apartment, and whose income or the existence of conditions of § 2 para 1 are to demonstrate, to take this information into account when determining the income and the income limit (§ 3 para 1 sentence 2). One is him to give reasonable time. To the owners, who received the invitation pursuant to sentence 1, every other apartment owner is obliged to provide the necessary information and hand over the relevant documents.
(2) the owners missed the deadline referred to in paragraph 1, it is that the criteria do not exist according to § 2 para 1 and the income limit is exceeded by more than 50 per cent assumed. Is the obligation set 1 subsequently discharged pursuant to paragraph 1, it is from the first day of the third next calendar month only the payable amount resulting after verification of income; in the cases of § 2 para 1, the obligation from the beginning of the service period is eliminated No. 2 and 3.
(3) all authorities, in particular the financial authorities, as well as the employers have to provide information about the income conditions the competent authority insofar as it requires the implementation of this law.

§ Limitation of compensation payments (1) which is compensation to restrict 6 on the difference between the fee allowed for the flat and to the maximum permitted applicable to them referred to in paragraph 2 on request. The application may except in the cases of § 7 para 2 No. 4 only until expiration of six months after delivery of the performance assessment notice.
(2) as the maximum amount, comparable type, size, facilities and quality in average position to be based is in municipalities, for that is a rent index in the sense of § 558 c or of section 558d of the civil code, the rental breakdown included in the rent index for living room ceiling. In the remaining municipalities are the maximum amounts for the apartments of the vintage groups (by regulation determines § 4 para 1) by community size class each at the beginning of the performance periods by the provincial governments. The recoverable if a new charges not linked to the price housing comparable way to apply size and facilities in average location are for the respective community size class. Communities with a deviating significantly from the relevant municipality size class level of rent can be associated to the community size class corresponding to their rent levels. The State Governments can determine by regulation that the regulations are to adopt pursuant to sentence 2 from other places.
(3) standard amounts are to apply when calculating the difference referred to in paragraph 1 in cases where the maximum fee for the apartment and the maximum amount from each other by way of derogation contain shares of the cost referred to in paragraph 2 for operating costs, unless these are shown separately for this. The Federal Government is authorized to adopt rules concerning the fixing of these amounts by decree with the consent of the Federal Council.
(4) as a permissible consideration within the meaning of paragraph 1, remuneration actually paid is to look at, except that this is not only slightly differs from the preisrechtlich allowable fees. The owner or other claimant uses the apartment itself, the preisrechtlich allowable charge is as gross pay to see.
(5) a tenant contribution approved financing a according to paragraph 50 of the second Housing Act, 6.5 per cent of this contribution to add to the annual fee, insofar as the contribution still not has been paid back are on request. Designated funds are the financial contribution equal to the compensation fund determined by the load balancing act as the inclusion loan or with a similar purpose in public budgets.
(6) a tenant modernized his apartment with the consent of the owner or other designated at its own expense or reimburses the costs for such a measure, the owner or other designated, and would apply a lower limit to the apartment without the modernization, this is to be based.

§ 7 elimination and reduction of the performance obligation (1) the obligation extinguishes as soon as 1 the apartment no more than publicly funded within the meaning of the housing bond law applies or 2 more uses these none of the owner of an apartment.
(2) the obligation is the number of persons at the request with effect from the first day of the following on the application calendar month on to minimize the amount that corresponds to the conditions at the time of the request, if this amount is lower, because 1 the income limit no longer exceeds the income or 2 has decreased the income to more than 15 per cent or 3. , which include not only temporarily to the budget, has increased or 4; increased the allowed for the flat fee without operating costs, surcharges and fees by more than 20 per cent Section 6, paragraph 3, sentence 1 shall apply mutatis mutandis.
The application can be made until no later than six months before the expiry of the service period.

Article 8 validity for mountain homes is this law on owners of apartments, which have been promoted under the Act to promote the miners coal mining construction apply accordingly if the apartment owner not entitled to housing is letter a, b or c of the act within the meaning of § 4 para 1.

§ 9 validity for apartments that have been promoted with home care resources (1) is this law on owners of privileged or freifinanzierten housing, the sections 87a and 111 of the second Housing Act have been promoted with home care means in the sense, apply mutatis mutandis, as long as the right of occupation. Section 2 para 1 No. 5 is not applicable.
(2) the requirements for the performance of a compensatory payment for exercising the right of occupation exists, so to make the compensation payment from the reference of the apartment.
(3) the use of the apartment directly related with the setting in the public service or the transfer to the place of employment, is the apartment owner will be released from the payment of compensation for a period of three years after the purchase of the apartment.
(4) in the cases of paragraphs 2 and 3, the conditions six months before the beginning of the obligation are governed by way of derogation from article 3, paragraph 2, sentence 1.

§ 10 purpose of compensation (1) the competent authority has to dissipate the collected compensation payments to the country. The revenue from the compensatory payments is continuously promoting social housing under the Housing Promotion Act and to finance subsidies granted on the basis of the second Housing Act and the Housing Act for the Saarland to use on the. Was the revenue from the compensatory payments used before 1 January 2002 for the promotion of social housing, promoting them at the end of 31 December 2001 not has been terminated, the revenue from the compensatory payments can be used also for the promotion of such apartments.
(2) compensation for miners apartments, which have been promoted with trust funds, are to be paid to the Trust Office (section 12 of the Act to promote the miners housing in coal mining). Is trust.
(3) in the cases of § 9, collected compensation entitled to the loan or grant donors. They can be the promotion of apartments in the sense of § 45 para 1 of the Housing Promotion Act to use, as far as this there is a need.
(3a) in apartments, which have been promoted by means of public funds of the Federal Republic of Germany, loan or grant provider is the respective fund. Is one of these funds transferred in a private form and a legal successor of this fund moves compensation in accordance with national regulations, so 3 applies with regard to the appropriation of federal Equalization payments as a loan and grant within the meaning of paragraph. The successor is required to take the revenue from the compensatory payments each year to the federal budget. He is entitled to reimbursement of the costs by the Federal Government for the administrative expense for collection of compensation and for the modernization effort at the sponsored rentals amounting to 25 percent of the annual revenue from the Equalization payments; There are 15 percent of the annual revenue from the compensatory payments for modernisation measures to use.
(4) on compensation payments for flats, that the sections 87a and 111 of the second Housing Act have been promoted except with public funds home care means in the sense, corresponding to paragraph 3 applies, if the loans granted for the apartment or the loan interest rate and repayment assistance funded amounted to outweighs the loan from home care resources.

§ 11 competent authority competent authority is the point which is determined by the State Government or which is responsible under national law. Responsibility for the tasks of the competent authority of those body which exercises the right of the occupation, as far as not the loan or grant donors anywhere else in the cases of § 9. As far as the cast right is exercised by a body outside the public administration, it is responsible for public in the implementation of this Act.

Article 12 application in the Saarland (1) this law applies in the Saarland only with the following stipulations: 1. articles 1 to 7 shall apply mutatis mutandis holder of publicly funded apartments in housing law for the Saarland, as amended by the notice of 20 November 1990 (OJ of the Saarland 1991 p. 273);
2. § 8 shall apply accordingly for owners of homes that have been promoted with funds from the trust assets of the Federal Government to promote the miners housing in coal mining. This also applies to owners of apartments that have been promoted with public funds within the meaning of § 4 para 1 of the Housing Act for the Saarland in addition to or in place of promotion with funds from the Federal Trust Fund, with funds from the assets of the Foundation for the housing of the miners in the Saarland or with employer loan;
3. § 9 applies accordingly for owners of apartments, which have been promoted under the agreement an apartment cast right with home care resources from public budgets for members of the public service or similar groups, as long as the right of occupation. § 10 par. 3 and 4 also applies for the purpose of compensation in these cases.
(2) the State Government regulates the modalities for the implementation of this Act with regard to the legal specifics in the Saarland by a regulation.

§ 13 special arrangements for the land of Bremen
In the State of Bremen, compensatory payments are not to raise, if for the grant of public funds it is been ensured that the granted subsidies according to the amount of income exceeding the apartment owner to an extent is been removed, which as a whole is not lower than the compensation to be paid under this Act. Article 4, paragraph 1 shall apply subject to the proviso that the approval period listed in number 2 ends on December 31, 1958, and that the approval period listed in point 3 starts on January 1, 1959.

§ 14 national requirements (1) the provisions of this Act are no longer apply as far as national legislation be adopted in its place. The applicable from 1 January 2002 amendments to this Act until 31 December 2004 shall be without prejudice to national provisions adopted on the basis of the force until 31 December 2001 amended by this Act.
(2) as far as the articles 8 and 25 to 25 d of the second Housing Act amended by reference to these regulations § 3 or on the basis of other provisions apply are before January 1, 2002, according to national regulations, the §§ 8 and 25 to 25 d of the second Housing Act in the version applicable up to 31 December 2001 apply to performance assessments, insofar as it fully or partly relate performance periods before 1 January 2005, in so far. As far as §§ 8 and 25 to 25 d of the second Housing Act in an amended before 1 January 2002 is referenced in national regulations, sections 9, 18 and 20 to 24 of the Housing Promotion Act apply to performance assessments, insofar as it fully or partly relate performance periods beginning January 1, 2005, in so far. Is a performance permit has been granted, which relates to a period after December 31, 2004, and no or only a reduced compensation, arises on the basis of relations on January 1, 2005 is in cases of sentences 1 and 2 for the period from 1 January 2005 on a new decision to grant. The sentences 1 to 3 untouched remains set 1 (3) for administrative procedures of a performance period, whose date pursuant to section 3 para 2 a rent index within the meaning of section 2 of the Act to regulate the rental amount was still not closed on September 1, 2001 the national legislation referred to in paragraph 1, is this rent prices continue to apply.

§ 15 management rules to the Housing Promotion Act (1) national rules can be determined, that owners of the in § 50 para 1 sentence 1 No. 1 to 3 and clause 2 of the Housing Promotion Act and in section 2, paragraph 2, of the housing promotion transition law of September 5, 2006 (BGBl. I S. 2098, 2100) designated housing in place of compensation according to this law and the national rules implementing a compensation in accordance with sections 34 to 37 and § 45 para 2 of the Housing Promotion Act and the according, pursuant to the national Rules to have.
(2) with the be of the obligation for compensation referred to in paragraph 1, the obligation to perform compensation expires under this Act.
(3) where in § 2 paragraph 2 No. 2 of the housing support reconciliation Act designated housing can restricts compensation to owners who are not wohnberechtigt in the sense of § 4 para 1 letter a, b or c of the Act to promote the miners housing in coal mining. Where in § 50 para 1 sentence 1 No. 3 of the Housing Promotion Act and housing referred to in section 2 paragraph 2 the reconciliation law on housing support is for the purpose of compensation in place of section 34 para 6 of the Housing Promotion Act § 10 par. 2 to 4 continue to apply.
(4) the countries can determine by national regulations, that also owners of the referred to homes and apartments, which have a compensatory payment pursuant to sections 34 to 37 and § 45 para 2 of the Housing Promotion Act and, with national regulations to provide 87 b sentence 1 and section 88 d of the second Housing Act until December 31, 2001 have been promoted, according to § in § 50 para 1 sentence 1 No. 4 of the Housing Promotion Act.
(5) § 51 of the Housing Promotion Act shall remain unaffected.