Rent Regulation for Smaller Properties
§ 32
The rules in chapters 4 and 5 apply to properties covered by § 7. However, the rent for these properties cannot significantly exceed the rent paid for comparable tenancies with respect to location, type, size, quality, facilities, and maintenance condition covered by § 6, subsection 1, where the rent is regulated according to § 23. When making a decision according to the second sentence, for tenancies in properties with premises used for purposes other than residential, a comparison must be made with the rent for tenancies in similar properties. If there are no comparable tenancies where the rent is regulated according to § 23, or if the rent level for comparable tenancies is considered atypical, the rent tribunal may, pursuant to § 83 of the Housing Act, obtain information about the property's operating expenses, etc., and based on this information, determine the rent that could be charged if the rent were to be calculated according to § 23. However, the second to fourth sentences do not apply to tenancies covered by § 54, subsection 1.