Pursuant to Sections 5, 16, and 30(5) of the Hessian County Code (HKO) in the version dated April 1, 2005 (GVBl. I, p. 183), last amended by Article 2 of the Act of December 11, 2020 (GVBl., p. 915), Section 5a(1)(2), (2) of the Act on the Reception and Accommodation of Refugees and Other Foreign Nationals (State Reception Act) of July 5, 2007 (GVBl. I, p. 399), last amended by the Act of November 12, 2020 (GVBl. p. 767), and Sections 1, 2, 3, 4, 9, and 10 of the Act on Municipal Taxes (KAG) in the version of March 24, 2013 (GVBl. p. 134), last amended by Article 1 of the Act of May 28, 2018 (GVBl. p. 247), the Fulda District Council adopted on February 21, 2022, the following ordinance on the collection of fees for the accommodation of persons pursuant to Section 1 of the State Reception Act (Accommodation Fee Ordinance):
Preliminary Remarks
(1) For the purpose of housing persons pursuant to § 1 of the State Reception Act (LAufnG), the Fulda District, as a public institution, operates shared housing facilities and other accommodations (Section 3(1), second sentence, LAufnG), such as apartments and other purpose-built spaces that it owns or leases within its territory.
(2) The Fulda District is the governing body (§ 3(3) LAufnG) of the public institution referred to in paragraph 1.
(3) The relationship between the operating agency and the person admitted and housed is governed by public law and is of limited duration (Section 3(3) of the LAufnG). There is no entitlement to accommodation in a specific facility (Section 3(2), first sentence, LAufnG). Further details regarding the structure of the public-law usage relationship and its termination are governed by a bylaw of the Fulda district concerning the usage relationship (Section 5a(1), Nos. 1 and 3, LAufnG).
§ 1 Public Institution / Collection of Fees
The Fulda District charges fees for the accommodation of persons pursuant to Section 1 of the State Reception Act (LAufnG) (Accommodation Fees) pursuant to Section 4(1) of the LAufnG, which may differ from the ministerial regulation (Section 4(2) of the LAufnG: Distribution and Accommodation Ordinance) (§ 5a(1)(2) LAufnG).
§ 2 Liability for Fees
(1) The person liable for fees is the individual who is housed in shared housing or another type of accommodation (Section 1(1)). That person is also liable for the fees of other residents living in the same household (spouses, persons in a marriage-like relationship, and benefit communities as defined in SGB II/XII).
(2) The agency responsible for the housing shall determine the housing fees by means of a fee notice. The fee liability for a calendar month arises at the beginning of that month, but no later than the date on which the tenancy begins. If the tenancy agreement is established during a calendar month already in progress, the fee liability is reduced proportionally based on the number of days in that month. The fee becomes due upon notification of the fee notice, unless otherwise specified in the fee notice.
(3) Temporary nonuse of the accommodation does not affect the obligation to pay the accommodation fees set forth in paragraph 2 in full.
(4) The obligation to pay fees ends on the date the usage agreement terminates. If the usage agreement terminates during a calendar month, the obligation to pay fees is reduced on a pro rata basis, based on the number of days in that month.
§ 3 Fee Schedule / Amount of Housing Fees
(1) The fee is calculated per person accommodated (assigned persons and other residents as defined in § 2(1)) per calendar month.
(2) Within the area covered by the bylaws, the monthly accommodation fees are 377.00 euros per person for shared housing and other types of housing.
§ 4 Fee Reduction
(1) Fee payers who, as beneficiaries under the Asylum Seekers Benefits Act (AsylbLG), receive housing costs as a benefit in kind are exempt from paying the fee, provided that their income and assets are less than or equal to their needs as determined by the provisions of the AsylbLG.
(2) Where applicable, the housing fees shall be reduced on a monthly basis by the amount by which a person’s income and assets exceed their entitlement to ongoing benefits under the provisions of the Asylum Seekers Benefits Act (AsylbLG), Book II of the Social Code (SGB II), or Book XII of the Social Code (SGB XII) (§ 5a(2), second sentence, No. 1, LAufnG).
(3) In the case referred to in paragraph 1, income and assets shall be taken into account in accordance with § 7 of the AsylbLG, §§ 11 through 12 of SGB II, or §§ 82 through 90 of SGB XII.
(4) In addition, accommodation fees may be deferred, reduced, waived in whole or in part, or not collected if this appears appropriate in light of the financial circumstances of the person liable for the fees or for other reasons of equity.
§ 5 Retroactive Collection of Fees
No retroactive fees shall be charged to the extent that such charges would result in a resident being required to make a back payment for which there is no entitlement to reimbursement from a social security provider (Section 5a(2), second sentence, No. 2, LAufnG).
§ 6 Effective Date
The ordinance takes effect on May 1, 2022. At the same time, the previous ordinance on the collection of fees for the accommodation of persons pursuant to Section 1 of the State Reception Act (Accommodation Fee Ordinance) dated March 15, 2018, shall be repealed.
Fulda, April 5, 2022
The District Committee of the Fulda District
Signed:
Woide, District Administrator