Rental Restrictions on Subsidized Housing; Applying for a Temporary Exemption from Occupancy Restrictions

Social housing is subject to occupancy restrictions. This imposes an obligation on the person authorized to dispose of the property to rent the subsidized housing only to individuals who meet certain requirements.

In individual cases, there may be sufficient grounds to permit the transfer or use of the subsidized housing in deviation from the occupancy restrictions. To do so, an application for an exemption from occupancy restrictions for the subsidized housing must be submitted. Unlike a release from the restrictions, an exemption can only be granted for a limited period.

The competent authority may temporarily exempt the authorized user from occupancy requirements, provided that

• there is no longer an overriding public interest in such obligations, or
• it is no longer necessary to maintain them due to an overriding public interest—in particular, the creation or preservation of socially stable resident structures—or an overriding legitimate private interest.