The city of Frankfurt is taking action against tenant displacement
The city of Frankfurt imposes very high fines for “vexatious construction work” in two apartment buildings. For the time being, she uses a new regulation.
Frankfurt – In the fight for more protection for tenants from being evicted, the city of Frankfurt is for the first time relying on a provision in the Economic Criminal Code for the so-called modernization of people out of their apartments. She has how to die Frankfurter Rundschau exclusively learned, in September issued two fines under Section 6 of this law against a multiple owner of residential real estate in the city area, whom she accuses of “harassing structural measures” in two apartment buildings in the north end. In one of the cases, she imposed a fine of 67,000 euros, in the other of 58,000 euros. The city did not give the name of the owner even on request.
According to the regulation of the Economic Criminal Law, which has only been in force since 2019, a city can take action with a fine of up to 100,000 euros against owners who they accuse of accepting construction work in a way that serves the purpose of getting tenants to move out. Both fines were issued after investigations by the Housing Office, reports the Frankfurt Head of Planning and Housing, Mike Josef (SPD), the FR.
Some apartments in Frankfurt’s north end were only accessible via scaffolding
It was carefully checked whether the structural measures and their side effects were necessary nuisances, such as are to be expected during construction work, “or special burdens that are not due to the nature of the measure, but rather due to intentionally vexatious behavior on the part of of the lessor”. The latter was confirmed in both cases.
For example, scaffolding was erected more than a year before construction began, so that the stairwell was no longer accessible and apartments were only accessible via the scaffolding. The supply of water, electricity or heating was interrupted several times for several days. When gutting neighboring apartments, writing was done without dust protection.
New regulation for tenant protection
Only since 2019 the “implementation of a structural change in an abusive manner” can be punished as an administrative offense with a fine of up to 100,000 euros.
According to § 6 of Economic Criminal Laws “Anyone who, with the intention of recognizing a tenant of living space to terminate the tenancy or to participate in the cancellation of the tenancy, carries out a structural change or has it carried out in a way that is likely to result in significant, objectively unnecessary burdens on the to manage tenants”.
According to Josef, the head of the planning department, the owner has lodged an objection to both fines. Because the grounds for objection stated therein did not refute the allegations, the administrative court will soon deal with the matter.
Frankfurt City Councilor Mike Josef: “Unacceptable when speculators disgust tenants”
With its tough approach, the city is “giving a signal to the few black sheep” in the industry, says Josef. “We don’t allow tenants to become victims of dubious practices, we consistently use the instruments available to us”. It is unacceptable when speculators try to make a profit by disgusting tenants from the houses. He himself looked at examples on site, they were shocking, he reports.
From the proceedings before the administrative court that now follow, Josef hopes to gain clarity about the possibilities of the cities to take action against such attempts at eviction. He speaks of a possible precedent that should be closely observed throughout Germany. (Christoph Manus)
Again and again, owners in Frankfurt try to force out tenants in order to make more profit. It’s a good thing the city wants to take action. An FR comment.