Abolition of the Provision on the Tenants' Right to Return after Renovation or Conversion

Facts

The appeal is directed against the amendment of the law of the Canton of Basel-Stadt on the promotion of housing (WRFG), which was introduced by a popular initiative. In particular, it concerns § 8a para. 3 lit. a WRFG, which provides that the permit for conversion, renovation and refurbishment projects is dependent on the previous tenants having a right to return to the renovated or converted property. The appellant argues that this provision constitutes an inadmissible interference in the relationship between tenant and landlord, which is conclusively regulated by federal law, and thus violates the primacy of federal law.

Considerations

The Federal Supreme Court follows this argument. It finds that the right of tenants to return after a renovation or conversion, as provided for in § 8a…