Association Kinderhilfe e.V. throws the Reinickendorf district illegal confiscation of donations

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The association Kinderhilfe e.V. has accused the Reinickendorf district of collecting donations from the association in a press release. This allegation made the district very affected because it is not understandable. According to the association, the association acquired the "Barbara Schulz-Haus" as the owner, which falls under the scope of the misuse of refurbishment law (ZWVBG). An unexpected use of the living space has been allowed, but according to the law, a compensation payment must be determined. The district has been looking for contact with the association several times to check the use of the hardship clause, but it could be determined that a possible compensation payment is only a fraction of the association's "profit". The association also claims that the district would move in donations, which, according to the available documents, is not understandable.

The legal requirements make a compensation tax in the height specified by the association. Another decision would have preferred the association to be legally preferred and would object to the principle of equal treatment in the processing of comparable procedures. The association is a member of the Transparent Civil Society initiative, which was launched by Transparency International in order to make its own work understandable for the public and donors and thus strengthen trust and credibility. The fact that the association now requires the administration to prefer it illegally.

It is important to note that the Barbara Schulz House falls below the scope of the misuse of alienation law (ZWVBG) and that a non-expedient use has been approved. Such use can be approved on request in accordance with Section 3 (1) ZwVBG, but a compensation payment must be determined. The district has tried to examine the financial situation of the association and found that a possible compensation payment is only a fraction of the association's profit.

In the following table, the relevant legal provisions of the misappropriation of the misuse law (ZWVBG) are summarized:

| Legal provision | Content |
| ———————————————— | --————————————————————————————————————————— | Section 3 (1) ZwVBG | Misuse of living space can be approved on request, but a compensation payment must be determined. |
| Section 4 (2) No. 2 of the usual refurbishment ordinance | An exception to social institutions has no longer been possible since the deletion of this paragraph. |
| Hardening clause | An exception is only possible if the economic existence is endangered. |

It remains to be seen how this dispute between the association Kinderhilfe e.V. and the Reinickendorf district is solved and whether further steps are taken. However, the district emphasizes that it adheres to the legal requirements and the principle of equal treatment and ensures fair treatment of all parties involved.


Source: www.berlin.de