Law On The Dismantling Of The False Subsidy Housing

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

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The law on the elimination of subsidisation in the housing sector (AFWoG)

unofficial table of contents

AFWoG

date of release: 22.12.1981

Full quote:

" Act on the reduction of missubsidization in the case of housing in the version of the notice of 13. September 2001 (BGBl. 2414), as last amended by Article 8 of the Law of 5. September 2006 (BGBl. I p. 2098) "

:Recaught by Bek. v. 13.9.2001 I 2414;
last modified by Art. 8 G v. 5.9.2006 I 2098

For details, see the Notes

Footnote

override menu as at 31.12.1994. by Art. 3 G v. 8.6.1989 I 1058 mWv 16.6.1989
(+ + + Text evidence from: 1.1.1982 + + +)

The G was referred to as sub-Article 1 of the article 27 G 63-15 -3 v. 22.12.1981 I 1523 (HstructG 2) approved by the Bundestag with the consent of the Bundesrat. It's gem. Art. 27 Unterart. 5, Section 5, sentence 1, entered into force on 1 January 1982. Non-official table of contents

§ 1 compensatory payment of rental housing holders

(1) Holders of a publicly subsidized apartment in the sense of the Housing binding law shall have to pay a compensation payment, subject to § 2, if
1.
Apartment located in a municipality determined by national law in accordance with paragraph 4, and
2.
its income is the income limit (§ 3) by more than 20 of the
Several owners of the same apartment are all debtors.(2) If more than half of the living area of an apartment is under-rented, the underrented part shall also be deemed to be an independent dwelling. If half or less than half of the living area of an apartment is under-rented, the subletting and the non-subrented part together form an apartment; the users of the sub-leased part shall not be deemed to be the owner of the dwelling, This is because they are members of the household within the meaning of § 18 of the Housing Promotion Act. If the owner or other person entitled to a right of disposal leases part of the apartment used by the owner himself, the sentences 1 and 2 shall apply accordingly.(3) The compensatory payment is monthly per square meter of floor area
1.
0.25 euro if the Income limit is exceeded by more than 20 per cent but not more than 35 per cent,
2.
0.60 euro if the income limit is more than 35 per cent, not exceeding 50 per cent,
3.
1 euro if the income limit is exceeded by more than 50 per cent.
(4) Sentence 1 No. 1 can only be determined by those municipalities in which the cost rents (§ § 8 to 8b of the Housing Code Act) of publicly subsidized rental apartments considerably increase the usual rents of comparable, non-price-based rental apartments below. If this condition is met by a municipality, the provision may be waited if the administrative burden for the levying of the compensatory payment would be disproportionate to the expected revenue. Non-official table of contents

§ 2 Exceptions

(1) A compensation payment is not to be made if
1.
This is a self-used residential property within the meaning of Section 17 (2) of the Housing Promotion Act; § 1 para. 2 sentence 3 remains unaffected;
2.
a housing owner receives housing allowance;
3.
a Owner
a)
ongoing services for living according to the twelfth book Social Code or
b)
Supplementary assistance for living according to § 27a of the Federal Supply Act or
c)
Benefits to keep the living according to the Second Book of Social Code
, and no income will be obtained at the same time, when taking into account a compensation payment would be required;
4.
an apartment owner uses the apartment on the basis of a certificate of residence permit (§ 5 of the Housing Law), which within the last two years, in the cases of up to 31. Article 5 (1) sentence 2 (b) of the Housing Act and of the 1st of December 2001. § 5 of the Housing Rights Act in connection with § 27 (3) sentence 4 no. 2 of the Housing Promotion Act (Housing Promotion Act) within the last three years before the beginning of the performance period (§ 4) has been granted, or
5.
after the up to the 31. In accordance with § 7 of the Housing Act, an exemption has been issued in force in December 2001
a)
for the area in which the apartment is located, or
b)
for an apartment under the condition of a higher interest rate or other current payment
or on the basis of the the 1. § 7 (1) of the Housing Act, in conjunction with Section 30 of the Housing Promotion Act, issued an exemption for the area in which the apartment is located.
(2) From the collection of a compensation payment may be wholly or partly dislocated in respect of individual dwellings or of certain types of dwellings where facts justify the assumption that the rental capacity of these apartments would not otherwise be secured during the performance period.(3) This Act does not apply to publicly funded dormitory homes. Non-official table of contents

§ 3 Income, income limit

(1) Income and income limit are determined in accordance with § § 9 and 35 (1) sentence 1 of the Housing Promotion Act; insofar as a deviation is established pursuant to § 9 (3) of the Housing Promotion Act, the income limit shall be determined by this deviation. All persons who do not only use the apartment temporarily are to be taken into consideration, unless otherwise indicated in Section 1 (2).(2) The ratios are determined on the basis of 1. April of the year preceding the performance period (§ 4). By way of exception,
1.
in the cases of § 4 para. 3, is the date of application for the Residence permits or, in the case of a subsequent application for subsequent application, the date of the reference of the apartment,
2.
in the cases of § 4 (4) sentence 3 of the The date of the request pursuant to § 5 (1) and
3.
in the cases of § 7 para. 2 of the date of application
authoritative. Non-official table of contents

§ 4 Start of compensation payments, benefit period

(1) The service obligation begins
1.
for owners of apartments, for the public funds before the 1. It was approved on 1 January 1955. January 1983,
2.
for owners of apartments, for the public funds after the 31. December 1954, but before 1. It was approved on 1 January 1963. January 1984,
3.
for owners of apartments, for the public funds after the 31. The European Parliament and the Council of the European Union 1 January 1985.
(2) If a notice of performance is granted only at a later date than the date referred to in paragraph 1, the obligation to perform shall begin on the first day of the second calendar month following the grant of the date of the decision.(3) In the Land of Berlin, the conditions for the performance of a compensatory payment already before the granting of the certificate of housing entitlement under the Housing Binding Act, the compensation payment shall be made from the receipt of the apartment.(4) The monthly compensatory payments shall be fixed for a period of three years (period of benefit). In the cases referred to in paragraphs 2 and 3, the period of benefit shall be determined in such a way as to end with the date on which it also ends in the case of other dwellings of the group of years referred to in paragraph 1. A re-examination of the income situation shall be allowed until the beginning of the last year of a performance period if the competent body has reserved the review.(5) The compensatory payment shall be rounded off to a full euro. Amounts up to EUR 10 per month are to be paid monthly, higher amounts per month in advance. Non-official table of contents

§ 5 Income proof, information

(1) Each owner of the apartment has to name the persons who make the apartment. not only temporarily use, and to prove their income or the existence of the conditions of § 2 (1), insofar as these data are to be taken into account in the determination of income and income limit (§ 3 para. 1 sentence 2). It must be given a reasonable period of time. In the case of the owner of the housing who has received the request in accordance with the first sentence, any other owner of the housing shall be obliged to provide the necessary information and to hand out the relevant documents.(2) In the event that the owner of the apartment fails to meet the time limit laid down in paragraph 1, it shall be presumed that the conditions laid down in Section 2 (1) are not fulfilled and that the income limit is exceeded by more than 50 per cent. If the obligation referred to in the first sentence of paragraph 1 is subsequently fulfilled, the first day of the third calendar month shall pay only the amount resulting from the review of the income situation; in the cases of § 2 (1) (2) and (3) The service obligation shall not be required from the beginning of the service period.(3) All authorities, in particular the financial authorities, as well as the employers shall provide the competent authority with information on the income situation to the extent that the implementation of this law requires it. Non-official table of contents

§ 6 Restriction of compensation payments

(1) The compensatory payment is to be limited to the application The difference between the amount of the fee for the dwelling and the maximum amount applicable to it in accordance with paragraph 2. The application can only be made in the cases of § 7 para. 2 no. 4 only up to the expiry of six months after the delivery of the performance notice.(2) The maximum amount in municipalities for which there is a leasing mirror within the meaning of § 558c or § 558d of the Civil Code is the upper limit of the rental period for housing of comparable type, size, equipment and accommodation contained in the rental mirror. To be based on the average situation. In the other municipalities, the maximum amounts for the flats of the individual groups of years (§ 4 (1)) according to the municipal size classes are determined by the national governments at the beginning of the periods of service by the law. For the respective community size classes, the charges for non-price-based living space of comparable type, size and equipment which can be achieved in the case of new rental are to be based on an average position. Municipalities with a rental level substantially deviating from the authoritative community size class can be assigned to the community size class corresponding to their rental level. The national governments may, by means of a decree law, determine that the legal regulations are to be adopted by other bodies in accordance with the second sentence.(3) In determining the difference referred to in paragraph 1, where the allowance for the dwelling and the maximum amount referred to in paragraph 2 differ from each other in terms of cost of operating costs, the difference shall not be separate from the , to be used for the purpose of making lump sums. The Federal Government is empowered to adopt, by means of a regulation with the consent of the Federal Council, provisions on the fixing of these lump sums.(4) The fee actually paid is to be regarded as a permissible charge within the meaning of paragraph 1, unless it is not only insignificantly different from the price-legally permissible charge. If the owner or other person entitled to dispose of the apartment uses the apartment itself, the fee is to be regarded as the permitted fee.(5) If a tenant has made a financial contribution authorised in accordance with Section 50 of the Second Housing Act, the annual fee shall be added to the annual fee at the request 6.5 of the hundred of this contribution if the contribution has not yet been repaid is. The financing contribution shall be equal to the means of the compensation fund determined in accordance with the burden-balancing act as an integration loan or by means of a similar purpose in public budgets.(6) If a tenant has modernised his apartment at his own expense, with the consent of the owner or other right of disposal, or has reimbursed the owner or other authorized person the costs of such a measure, and would be responsible for the In the absence of modernisation, a lower limit shall be applied to the apartment. Non-official table of contents

§ 7 omission and reduction of the service obligation

(1) The service obligation shall be issued as soon as
1.
The apartment is no longer considered public in the sense of the Housing Law or
2.
none of the owners of an apartment use it anymore.
(2) The service obligation is on request with effect from the first day of the application following the application Reduce the calendar month to the amount corresponding to the conditions at the time the application is submitted, if that amount is lower, because
1.
the income no longer exceeds the income limit or
2.
the income is more than 15 has been reduced by the hundred or
3.
the number of people who are not only temporarily part of the household, increased or
4.
The fee allowed for the apartment has increased by more than 20 per cent without operating costs, surcharges and allowances; § 6 para. 3 sentence 1 shall apply mutagenally.
The application may shall be made no later than six months before the end of the performance period. Non-official table of contents

§ 8 Validate for mineworkers ' apartments

This law is applicable to holders of apartments that are subject to the law to promote the Mining workers in the coal industry have been encouraged to apply accordingly if the owner of the housing is not entitled to residence within the meaning of Article 4 (1) (a), (b) or (c) of the said Act. Non-official table of contents

§ 9 Validate for dwellings that have been promoted with apartment care

(1) This law is applicable to holders of tax-aided or unfunded apartments, which have been funded with housing assistance in the sense of § § 87a and 111 of the Second Housing Act, as long as the right of occupancy is in place. § 2 para. 1 no. 5 shall not apply.(2) In the case of the performance of a compensation payment already in the exercise of the right of occupation, the compensation payment shall be made with respect to the apartment.(3) If the use of the dwelling is directly related to the recruitment to the public service or the translation to the place of employment, the owner of the apartment shall be entitled to the compensation for the period of three years since the date of receipt of the Apartment exempted.(4) In the cases referred to in paragraphs 2 and 3, by way of derogation from the first sentence of Article 3 (2), the conditions shall prevail six months before the beginning of the service obligation. Non-official table of contents

§ 10 Purpose of compensation payments

(1) The competent body shall have the recovered compensation payments to the Land to be removed. The revenue from the compensation payments is ongoing for the social housing development according to the Housing Promotion Act as well as for the financing of the approved on the basis of the Second Housing Act and the Housing Act for the Saarland Promote the use of the system. Was the rise from the compensatory payments before the 1. The promotion of social housing, the promotion of which is carried out at the end of the 31 January 2002, is used. In December 2001, the amount of compensatory payments may continue to be used for the promotion of such housing.(2) Compensation for miners 'apartments, which have been promoted with trusteeship funds, must be paid to the Trustee Office (Section 12 of the Law on the Promotion of Miners' Housing Construction in the Coal Mining Act). The volume of money is trusteeship.(3) In the cases of § 9, the compensatory payments confisable are to be paid to the loan or grant donor. They are to be used for the promotion of housing within the meaning of § 45 (1) of the Housing Promotion Act, insofar as there is a need for this.(3a) In the case of dwellings which have been funded with funds from the Federal Republic of Germany's special assets under public law, loan or grant donors are the particular assets in question. If one of these assets is transferred to a form of private law and if the legal successor of this special property contracts compensation payments in accordance with the provisions of national law, the same shall apply with regard to the appropriation of the Compensatory payments made by the Federal Government as a loan and grant provider within the meaning of paragraph 3. The legal successor is obliged to pay the revenue from the compensation payments annually to the federal budget. He is reimbursed by the Federal Government for the administrative burden for the collection of the compensation payments and for the modernization effort for the subsidised apartments, which amount to 25% of the annual revenue from the compensation payments. , with 15 per cent of the annual revenue from the compensatory payments for modernisation measures to be used.(4) In the case of compensatory payments for dwellings, which have been promoted with the exception of public funds with housing assistance within the meaning of sections 87a and 111 of the Second Housing Act, paragraph 3 shall apply if from those for the In the case of loans granted by way of interest and redemption, loans are outweighed by loans from the housing sector. Non-official table of contents

Section 11 competent authority

is the body designated by the state government or the body responsible for the post- National law is responsible. In the cases of § 9, the tasks of the competent authority of the body exercising the right to pay shall be assigned to the extent that the loan or grant provider does not designate a different body. To the extent that the right of occupation is exercised by a body outside the public administration, it shall carry out public tasks in the course of the implementation of this law. Non-official table of contents

§ 12 Validate in Saarland

(1) This law applies only to the following measures in the Saarland:
1.
§ § 1 to 7 apply accordingly to owners of publicly funded apartments within the meaning of the Housing Law for the Saarland in the version of the notice of 20. November 1990 (OJ No L 327, of the Saarland 1991 p. 273);
2.
§ 8 applies accordingly to holders of flats, which are financed by the trust funds of the Federal Government for the promotion of the Mining workers in the coal industry have been encouraged; this also applies to owners of flats with public funds within the meaning of Section 4 (1) of the Housing Law for the Saarland, in addition to or instead of funding from the assets of the Foundation for the construction of the housing of miners in the Saarland or with employer's loans;
3.
§ 9 applies accordingly to owners of apartments, which under the agreement of a housing law with housing care funds from public budgets for the relatives of the public service or similar groups of persons, as long as the right of occupation exists. In these cases, § 10 (3) and (4) shall apply mutas to the purpose of the compensation payments.
(2) The Land Government shall, by means of a legal regulation, regulate the detailed rules for the implementation of this law with regard to the legal provisions of this law. Special features in Saarland. Non-official table of contents

§ 13 special rule for the state of Bremen.

In the Land of Bremen, compensation payments are not to be made if the authorization is granted the public funds have been made available to ensure that the subsidy granted has been reduced in proportion to the amount of the housing owner's excess of income, to the extent that compensatory payments to be made under this Act are to be paid not less than that. Section 4 (1) shall apply with the proviso that the period of authorisation referred to in point 2 shall be 31. The period of authorisation referred to in point 3 shall end on 1 December 1958 and the period of authorisation referred to in point 3 shall end January 1959 begins. Non-official table of contents

§ 14 State Law Rules

(1) The provisions of this Act are no longer applicable to the extent that: National provisions shall be adopted in their place. National law, which is based on the up to the 31. The European Parliament and the Council of the European Union have adopted this law in December 2001. The amendments to this Act are valid until 31 January 2002. December 2004 shall be unaffected.(2) Insofar as before 1. § § 8 and 25 bis 25d of the Second Housing Act in the respective version by reference to these regulations or to § 3 or due to other regulations apply, apply to the Performance assessments to the extent that they are in full or in part performance periods prior to the 1. January 2005, to the extent that § § 8 and 25 to 25d of the Second Housing Act (Housing Act) in the up to 31. The text is in force in December 2001. Insofar as in national law, § § 8 and 25 to 25d of the Second Housing Act in one before the 1. As amended on 1 January 2002, performance assessments shall apply in so far as they are valid in whole or in part at the time of the performance of the performance period from 1 January 2002. January 2005, to the extent that § § 9, 18 and 20 to 24 of the Housing Promotion Act. If a notification of benefit has been granted, which shall also apply to a period after 31 December 2013, the following: December 2004, and follows on the basis of the conditions on 1 December 2004. In the case of the first and second sentences for the period from 1 January 2005, no compensatory payment, or only a lower compensation payment, shall be granted in the cases of the first and 1 January 2005 to a new communication. The first sentence of the first sentence of paragraph 1 shall be without prejudice to the provisions of sentences 1 to 3.(3) For 1. This rental mirror should continue to be applied in September 2001, when the administrative procedures for a period of benefit, which were not completed in accordance with Section 3 (2) of the Act, had not yet been completed. Non-official table of contents

§ 15 Rules of transfer to the housing development law

(1) The provisions of the law may determine the conditions for the transfer of the contents of the housing. the owner of the housing in § 50 (1) sentence 1 (1) (1) to (3) and the second sentence of the Housing Promotion Act (Wohnraumfördergesetz) and § 2 (2) of the Housing Promotion Act of 5. September 2006 (BGBl. 2098, 2100) in place of a compensatory payment pursuant to this Act and the provisions of national law issued thereto, a compensatory payment in accordance with § § 34 to 37 and § 45 (2) of the Housing Promotion Act and to comply with the relevant provisions of the national law.2. The obligation to pay compensation under paragraph 1 shall be the duty of the obligation to pay compensation in accordance with the provisions of this Act.(3) In the case of the housing referred to in § 2 para. 2 no. 2 of the Housing Promotion Act, the compensation payments can be limited to housing owners who are not entitled to reside within the meaning of Article 4 (1) (a), (b) or (c) of the Law on Promotion of the mining of coal mining in the coal industry. In the case of the housing referred to in § 50 (1) sentence 1 sentence 1 no. 3 of the Housing Promotion Act and in § 2 para. 2 of the Housing Promotion Act, the purpose of the compensation payments is to be replaced by Section 34 (6) of the German Housing Promotion Act (Housing) Act. The Housing Promotion Act § 10 (2) to (4) shall continue to apply.(4) The Länder may, by means of national law, determine that housing holders of the housing space and the apartments referred to in § 50 (1) sentence 1 sentence 1 sentence 1 and § 88d of the Housing Promotion Act (Housing Promotion Act) Housing law up to 31. The provisions of Section 45 (2) of the Housing Promotion Act and the provisions of national law relating thereto must be made in accordance with Articles 34 to 37 and 45 (2) of the Housing Promotion Act.(5) § 51 of the Housing Promotion Act remains unaffected.