Hengeler Mueller secures landmark Housing First ruling for asphalt e.V.

Hengeler Mueller acted pro bono for asphalt e.V., the non‑profit association for the support of homeless and poor people in Düsseldorf, in proceedings concerning a condominium owners' association's refusal to consent to the sale of an apartment. On 24 November 2025, the Düsseldorf Local Court delivered a landmark ruling in favour of asphalt e.V. The court declared the condominium owners' association's refusal to consent to the sale invalid and, in place of the association, granted consent to the sale to asphalt e.V. The ruling makes clear that a homeowners' association may not refuse to sell an apartment solely on the ground that the apartment is to be used to implement the Housing First concept. Housing First is a scientifically recognised approach to combating homelessness by providing permanent housing together with individual, comprehensive support as a central starting point for social integration. Asphalt e.V. acquires condominiums for this purpose and rents them to formerly homeless people; the association has already placed many flats with formerly homeless persons in Düsseldorf and also operates a street magazine and the fifty‑fifty gallery as part of its efforts to combat homelessness and poverty. The court emphasised that any refusal of consent must be based on a specific, legitimate reason. Generalised reservations about formerly homeless persons and a desire to preserve a particular social structure were found insufficient. Hengeler Mueller highlighted the constitutional dimensions of the issue during the proceedings. Hengeler Mueller represented asphalt e.V. with a team composed by: Public law: Prof. Dirk Uwer (partner, lead, Düsseldorf); Carolin Carle (associate, Berlin); Milan Zmrzlak (associate, Düsseldorf). Corporate/Litigation: Georg Seyfarth (partner, Düsseldorf).

Hengeler Mueller secures landmark Housing First ruling for asphalt e.V.

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