The law was introduced in the summer of 2021. It is intended to give municipalities a better legal basis to intervene in cases of abuse. The main goal, according to a corresponding explanation by the state government, is to enable cities and municipalities to take stronger preventive action against problem properties and against the neglect of housing.

The biggest changes concern the area of misappropriation: from this summer at the latest, the Federal City of Bonn, in accordance with the new WohnStG, now also wants to provide an official number - a so-called dwelling identity number to everyone who properly reports a dwelling. Persons entitled to dispose of or occupy a dwelling must always provide this number in a manner that is clearly visible to the public when they offer or advertise the use of the dwelling for the purpose of short-term renting.

With regard to the current state of affairs in Bonn concerning the new WohnStG, Markus Schmitz from the municipal press office explained: "The Office for Social Affairs and Housing of the City of Bonn has, among other things, been involved in the process of developing a state-wide model for a new housing protection statute adapted to the legalities of the Wohnraumstärkungsgesetz (Housing Strengthening Act) and is actively participating in the preparation of the working aids on housing supervision and misappropriation to be developed for the state of NRW". The draft of a new statute on the misappropriation of housing in Bonn is to be submitted to the Social Committee and the Bonn City Council for a decision in the near future, said Schmitz.

Anja Ramos, head of the Office for Social Affairs and Housing, had also recently commented on this in the social committee. "We have been very active in pushing for housing supervision and misappropriation to be strengthened once again. Especially with regard to short-term rentals and Airbnb. This is stipulated by the Housing Strengthening Act," Ramos said.

In the early summer of 2021, Schmitz added in response to a GA question, the city had also set up a project group to establish "a suitable organisational structure adapted to the new requirements and to design the necessary processes, committee and public relations work". However, the development of basic principles at the state level - such as a model statute, ordinance, working aids and state-wide software - has not yet been completed.

According to the press office, 632 cases of misappropriation have been finalised since the introduction of a misappropriation statute in Bonn, i.e. since 2013. In 432 cases, the examination revealed that there was either no residential space within the meaning of the misappropriation statute (for example, an empty single-family house) or, contrary to first appearances, no misappropriation (for example, longer but temporary absence of the user).

In 200 cases there was a misuse in the sense of the statutes. In 69 cases, the misuse had to be approved due to an overriding legitimate public or private interest. In 131 cases, the residential space in question was returned to permanent residential use. Since 2013, nine fine proceedings had been initiated. "Of these, one was discontinued by the courts. In three proceedings, a fine was imposed - twice 7,800 Euro, once 200 Euro. The remaining proceedings could not yet be pursued," Schmitz explained.

At the committee meeting, Ramos said that in the previous year alone, her staff had dealt with 295 cases involving the misappropriation of housing. Of these, 103 cases were related to short-term rentals, i.e. for tourist, professional or medical purposes. 192 cases related to misappropriation due to vacancy, change of use and demolition. Unfortunately, the new housing protection statute had no effect in the past, the head of the office regretted. "But we will still discuss this with our legal department, because I feel this is a sticking point.“

Nevertheless, the new bylaws tighten things up: For example, properties with less than three flats will now also fall under the Housing Tax Act. Ramos is confident about the implementation of the new WohnStG, even if personnel and organisational adjustments could be made. In plain language: she needs more staff. She left open how many additional staff she would need. At present, according to the press office, seven employees of the office take care of the misappropriation of flats in Bonn. "It will certainly increase in effort to keep track of the misappropriation, so to speak. But it is completely in our interest," Ramos said.

(Original text: Lisa Inhoffen and Rajkumar Mukherjee; Translation: Mareike Graepel)