Das Gemeingut Wohnen und die gemeinnützige Wohnungsversorgung

Abstract

The right to housing is largely undisputed, but not what kind of good housing is. It is obvious to oblige the state to fulfill the right to housing for all. There is disagreement about how the state should meet its guarantee responsibility. In the article, both questions are answered in context: Housing is presented as a common good whose general provision is socially intended. In the course of housing provision, the rivalry inherent in housing must be set aside for this purpose. This is likely to happen if housing providers are brought under the rules of public utility. By means of licensing and control of the providers, the state ensures this – and fulfills its obligation to guarantee the common good of housing.