Wrong booking submission

The incorrect occupancy tax (later compensatory payment for social housing ) is a tax that a tenant of a publicly subsidized apartment ( social housing ) in Germany has to pay to a city or municipality if his financial conditions have improved so much that he is actually no longer entitled to the apartment. There are different regulations depending on the federal state.

history

The federal government created in 1981 by the law on the elimination of false subsidies in the housing sector (AFWoG) the opportunity for the states to set a Fehlbelegung tax (under Article 1 of Article 27 of the second household structure Act). The regulation was often only introduced by the federal states in the 1990s. It has now been abolished in most federal states.

In principle, a tenant can use a housing entitlement certificate to prove that he meets the conditions for moving into a publicly funded apartment (“social housing”). The tenant, whose income limit has improved significantly (usually by 20%), therefore does not have to move out of the apartment. An additional amount of 0.35 to 3.50 euros / m² was to be paid in stages. There were exemptions B. for the severely disabled.

Within the framework of the federalism reform 2006, the federal states received exclusive legislative power in the area of housing subsidies and housing obligations from the federal government on September 1, 2006 through the “Act to amend the Basic Law” and the “Federalism reform accompanying law”.

Due to a new situation on the housing market and expected higher administrative costs combined with falling income from incorrect occupancy levies, the incorrect occupancy levy was abolished in most federal states at different times. The aim of abolishing the incorrect occupancy tax was also to ensure a better social structure in residential areas. The incorrect occupancy levy had often ensured that higher earners moved away from previously mixed residential areas. T. could develop homogeneous focal points.

Regulations in the individual federal states

Regulations on compensatory payments for social housing
state	Compensation payment available?	Legal basis	Date of entry into force and resolution
Baden-Württemberg	No		Abolished on January 1, 2008; Ordinance of November 29, 2007
Bavaria	No	Law to implement federal reform in housing	Abolished on January 1, 2008; decided on April 10, 2007
Berlin	No		Abolished on September 1, 2002
Brandenburg	??
Bremen	No	Law amending the Bremen law on the elimination of false subsidies in the housing sector	Abolished on January 1, 2005; decided on October 2, 2001
Hamburg	No		Abolished on July 1, 2002; decided on June 12, 2002
Hesse	Yes		Abolished on July 1, 2011; Re-introduced on July 1, 2016
Mecklenburg-Western Pomerania	??
Lower Saxony	No		Abolished on October 31, 2003
North Rhine-Westphalia	No		Abolished on January 1, 2006; resolved retrospectively on May 23, 2006
Rhineland-Palatinate	yes, in 4 out of 10 possible municipalities	AFWoG i. V. m. AGAFWoG	?
Saarland	Yes
Saxony	No
Saxony-Anhalt	??
Schleswig-Holstein	No		Abolished on October 31, 2004; Ordinance of October 24, 2003
Thuringia	??

Individual evidence

↑ https://www.welt.de/print-welt/article522710/Abgabe-fuer-Sozialwohnungen-wird-abgeschaltet.html

↑ http://heidelberg.de/servlet/PB/menu/1118084_pcontent_l1/inhalt.html?jahr=2007&Monat=12&Tag=12&Seite=1173869 ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. The state of Baden-Württemberg abolishes the incorrect booking fee@1@ 2Template: Toter Link / heidelberg.de

↑ https://www.landtag.nrw.de/portal/WWW/dokumentenarchiv/Dokument/XDLGVB078.pdf?von=267

↑ http://www.berlin.de/landespressestelle/archiv/2002/04/30/05079/ Landespressestelle COMPLETE WAIVER OF INCORRECT SUBMISSIONS

↑ http://www.bremische-buergerschaft.de/drucksachen/23/566_1.pdf

↑ https://beck-online.beck.de/default.aspx?vpath=bibdata/ges/BrAFWoGAendG/cont/BrAFWoGAendG.A3.htm&mode=haben&page=1

↑ http://www.abendblatt.de/hamburg/article280242/Fehlbeletzung-Abgabe-abgeschetzt.html Hamburger Abendblatt

↑ https://www.hessen.de/presse/pressemitteilung/fehlbelegungsabgabe-hessen-wieder-eingefuehrt

↑ http://www.ms.niedersachsen.de/master/C2653043_N3412388_L20_D0_I674.html

↑ Archive link ( Memento of the original dated June 11, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.