Anyone subjected to discrimination based on ethnic origin while searching for housing is entitled to claim damages, including from real estate agents. The Federal Court of Justice (BGH) in Karlsruhe reached this decision following a lawsuit by a woman who was not invited to a viewing due to her Pakistani name. The court ruled that the broker must pay her 3,000 euros in compensation.
In November 2022, Humaira Wasim was searching for an apartment for herself and her family in Groß-Gerau, Hesse, and responded to an online listing by an agent. She received a prompt rejection under the pretext that no viewing slots were available. However, when the 30-year-old submitted applications under the names Schneider, Schmidt, and Spiess—providing identical income and professional details—she was offered several viewing times.
Who is Responsible for Prohibited Infringement of Rights?
Wasim demanded compensation from the broker. Last year, the Darmstadt Regional Court awarded her 3,000 euros plus legal fees. Because the agent appealed this decision, the case reached the Federal Court of Justice. During oral hearings in December, the central question was whether a broker should be held liable for such a violation of the General Act on Equal Treatment (AGG).
The defendant’s lawyer argued that his client was acting on behalf of the landlord; therefore, the property owner, rather than the agent, should bear responsibility. Wasim’s lawyer countered that if discriminatory behavior by brokers went unpunished, it would create a significant legal loophole. According to her, applicants primarily interact with agents or management companies rather than the often-anonymous landlords.
The Federal Court of Justice clarified that the plaintiff faced no legal repercussions for submitting applications under fictitious names.
Plaintiff Relieved by Landmark Ruling
The First Civil Senate of the High Court shared this position. Presiding Judge Thomas Koch emphasized: “We are dealing with a clear case of discrimination.” Furthermore, real estate agents are also obligated to comply with the statutory ban on discrimination. The agent serves as the “bottleneck” through which potential tenants must pass to access housing. If the prohibition is violated, the agent is liable for damages.
Humaira Wasim, who traveled to Karlsruhe for the announcement of the ruling, expressed her relief. She noted: “A huge amount of tension has been lifted from my shoulders.” In her view, this process proved that fighting for one’s rights is worthwhile. The German Tenants’ Union also welcomed the decision. President Melanie Weber-Moritz emphasized: “The court has made it unmistakably clear that discrimination has no place in the housing market.”
Source: dpa, afp, epd
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