Question juridique clé
Whether the buildings qualified as old buildings for rent-control assessment
Solution extraite
The 26- and 27-year-old buildings were not old buildings within the relevant case law, so the tenants could invoke the defense of excessive return.
Motifs extraits
The Court held that buildings only 26 or 27 years old are not 'built or acquired several decades ago'; no Bundesrecht was violated by rejecting the old-building characterization.