Hengeler Mueller announces five new partner and three counsel promotions
24 November 2025
On 24 November 2025, the non-profit organisation asphalt e.V. – Verein zur Förderung obdachloser und armer Menschen (Association for the Support of Homeless and Poor People), Düsseldorf, won a landmark ruling at the Düsseldorf District Court in the fight against homelessness: a homeowners' association may not refuse to sell an apartment solely on the grounds that the apartment is to be used to implement the Housing First concept.
Housing First is a scientifically recognised approach to combating homelessness in the long term by providing housing and support. It focuses on access to permanent housing as a central starting point for social integration, combined with individual, comprehensive support for residents. Asphalt e.V. acquires condominiums for this purpose and rents them to formerly homeless people. The association has already successfully placed many flats with formerly homeless people, thereby contributing effectively to the fight against homelessness in Düsseldorf. The association is also known for its street magazine and its fifty-fifty gallery, which also serve to combat homelessness and poverty.
The subject of the legal dispute was the decision of a condominium owners' association to refuse consent to the sale of a condominium to the association. The Düsseldorf Local Court declared the refusal decision invalid and granted consent to the sale to asphalt e.V. in place of the condominium owners' association.
In its landmark ruling, the court clarified that refusal of consent requires a specific, legitimate reason. Blanket reservations about formerly homeless persons are just as insufficient as the desire to preserve a certain social structure. Among other things, Hengeler Mueller emphasised the constitutional dimension of the matter in the proceedings.
Hengeler Mueller represented asphalt e.V. before the Düsseldorf Local Court and also provided comprehensive pro bono advice.
Hengeler Mueller team for asphalt e.V.
Public law: Prof. Dirk Uwer (partner, lead, Düsseldorf), Carolin Carle (Berlin), Milan Zmrzlak (Düsseldorf, both associate),
Corporate/Litigation: Georg Seyfarth (partner, Düsseldorf).
