The Higher Social Court of Berlin-Brandenburg has decided in a trial on the adequacy of accommodation costs and the commitment to reduce property costs by moving as follows:
If the from the job center to be acquired costs for housing and heating of the actual cost to the reasonable costs pursuant to § 22 Paragraph 1 SGB 2 will be lowered one hand is assumed that a benefit recipient is expected of each apartment with a common standard, regardless of age. Reasonable other hand, can only rent those apartments will be used, could conclude which of the specific applicant actually a lease.
As long as the Job Center shows the recipient is not specific lease end option must support the application of the Berlin rent index 2007, the difference between the rent of the rent index, incorporated leases and rents for those apartments that are offered on the open market and also the recipients realistically could rent be taken into account. Therefore, the comparative cost calculation of the upper range value of the rent must be in place of the mean value for the base rent as a basis.
In Berlin, a single-person accommodation costs (at least for the grant periods between November 2006 and April 2007, see Urban Development Areas 2007) of EUR 422, - € including hot water and cooking fuel costs (ie costs pursuant to § 22 para 1 of Book 2 in the amount from € 416.28) nor appropriate as long as the Job Center the beneficiary does not prove a very concrete way with more favorable rent tenancy agreement.
A Move due to a reduction in the cost of accommodation offered is not already so unreasonable, because the recipient has lived over 45 years in the same apartment.
The court has granted leave to appeal because of the fundamental importance of the matter.
Social Court of Berlin-Brandenburg, Judgement of 24.04.2009, Az L 32 AS 923/07
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