Germany has recently implemented two laws to affirmatively
protect affordable rental housing in major cities: the Mietpreisbremse, a
rental brake that regulates how steeply property owners can increase
rents, and the Milieuschutz laws, which require owners to obtain special
permission before renovating rental properties or converting them into
owner-occupied condominiums. In contrast, the United States has
repeatedly favored private landowners, establishing a framework of
private property rights protection over assisting renters. This paper
argues that Germany’s anti-gentrification laws can serve as inspiration
for the United States to establish that maintaining adequate and
affordable rental housing is a valid use of a state’s police power, which
would allow states and municipalities to adopt laws like Germany’s
without running afoul of the United States’ Takings Clause jurisprudence.
