Questione giuridica chiave
Whether tenants may claim a tax deduction because the eigenmietwert of comparable owner-occupied housing is allegedly too low and violates equality.
Decisione estratta
No. Even if the comparative eigenmietwert is below the federal minimum threshold, this does not create a tenant's right to a rent deduction; the authorities had shown they would adjust the system and would not persist in an unlawful practice.
Motivazione estratta
The court held that the legality principle generally prevails over equality. Equal treatment in unlawfulness is only possible where an authority systematically and persistently deviates from the law and shows no willingness to correct it. Here, after the Federal Supreme Court decisions, Solothurn had already pursued and later implemented corrective measures, so the necessary persistent unlawful practice was absent.