Questão jurídica principal
Whether the refusal to authorize the sale of the rented apartment violated property guarantees and proportionality
Decisão extraída
The refusal was unconstitutional because the public interest in keeping the apartment on the rental market was not sufficiently weighty in the specific circumstances, and the restriction went beyond what was necessary.
Fundamentação extraída
The apartment had remained vacant for substantial periods despite chronic housing shortage. The factual record showed repeated inability to rent it continuously, so the benefit of keeping it for the rental market was limited, while the owner's interest in selling had increased. The resulting burden was disproportionate.