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Contract law (as changed by MietAnpG) is part of the BGB ("civil code"), which is federal law, while the rent cap is built on top of housing law ("Wohnungsrecht
by pgeorgi 7y ago
Contract law (as changed by MietAnpG) is part of the BGB ("civil code"), which is federal law, while the rent cap is built on top of housing law ("Wohnungsrecht"), which is - mostly - state law (e.g. https://www.morgenpost.de/berlin/article226212113/Mietendeckel-in-Berlin-Mieten-duerfen-fuenf-Jahre-nicht-steigen.html https://www.morgenpost.de/berlin/article226212113/Mietendeck...).
The states are rather peculiar about the federal government trying to infringe on their right to set laws, so even if most other states agree that the rent cap is a bad idea (not a given), it's uncertain that they would support anything that uses federal powers (in the Bundesrat, which would be hard to avoid) to stop it in Berlin.