Facts
The appellant, [A.], acquired a property in Volketswil in 1988, which was built with federal assistance in 1983. The property includes four apartments and four garages. [A.] concluded a rental agreement with M.B. and A.B. in 1990 for a 5 1/2-room apartment and a garage space. The tenants requested a reduction in rent in 1998 due to a decrease in mortgage interest rates, which the property management rejected. The tenants then turned to the Federal Office for Housing, which found that the approved rents for the apartment had been exceeded by CHF 8,655.-. The Federal Office ordered the appellant to refund the excess amount plus interest to the tenants.
The appellant appealed to the EVD Appeals Commission, which overturned the Federal Office's decision and found that the tenants had paid CHF 24,996.- too much in rent from April 1, 1990, to March 31, 2000. The appellant requested the Federal Court to overturn the EVD Appeals Commission's decision.
Considerations
2. Legal basis
The Housing and Property Promotion Act (HCHOA) aims to promote housing construction and improve living conditions. The rents of apartments built with federal assistance are subject to official rent control. The owner is required to collect rents in accordance with the rent schedule.
3. Admissibility of floor surcharges
The Federal Office has allowed an internal rent adjustment in the form of a so-called floor surcharge of up to CHF 150.- in its practice, if the deviation from the rent schedule did not exceed CHF 150.- upwards or downwards and the total rental income did not exceed that according to the financing plan. The appellant could reasonably assume that the contract concluded with the Federal Office allowed him the corresponding surcharges or reallocations without special permission.
4. Inclusion of…