Emergency appeal against Berlin rental freeze act rejected by the Federal Constitutional Court

After the rent cap came into force in Berlin on February 23, 2020, urgent applications for the suspension of this controversial Berlin “Rent Housing Act” failed before the Federal Constitutional Court. As the court stated in a statement on March 12, 2020, “the disadvantages resulting from a provisional application of the fine regulations, if the law subsequently proves to be unconstitutional, are admittedly of particular weight. – However, “they do not clearly outweigh the disadvantages that would arise if the provisions on fines were to be repealed but the law would later prove to be constitutional. Thus, the ‘application for the temporary suspension of the provisions on fines contained in the Act on the Limitation of Rent in the Housing Sector in Berlin’ was rejected.
This decision, however, does not yet say anything about the fundamental question of whether the Berlin rental act violates the constitution. So, the court says that “the question of whether the state of Berlin had the legislative competence for the rent regulations, which are controversial here, must be considered open. The constitutional complaint was “neither inadmissible nor manifestly unfounded”.