A woman with Pakistani roots successfully sued after alleging discrimination during her apartment search, with Germany’s highest court ruling in her favor. The decision, handed down by the Bundesgerichtshof (BGH) on Thursday in Karlsruhe, establishes that real estate agents can be held liable for discriminating against prospective tenants based on their origin.
Landmark Ruling on Housing Discrimination
The case originated in Hessen, where the plaintiff received rejections to her apartment inquiries when using her real name. Her husband and sister also faced rejection. However, when she reapplied using the name “Schneider,” along with two additional applications under other German-sounding names, she was offered viewings.
The plaintiff pursued legal action against the real estate agent, seeking compensation. The Darmstadt Regional Court had already determined the case to be a clear instance of discrimination, ordering the agent to pay 3,000 euros in damages. The agent then appealed to the BGH, but the court upheld the lower court’s decision.
Presiding Judge Thomas Koch described the case as a “ziemlich klarer Fall” – a “pretty clear case” – of discrimination, emphasizing the agent’s role as a crucial “Nadelöhr,” or bottleneck, in the rental process. The BGH concluded that the purpose of the law is to prevent and eliminate discrimination, and therefore, agents can be held accountable in such situations, not just landlords.
The BGH’s decision could lead to increased scrutiny of rental practices and potentially encourage more individuals to pursue legal action if they suspect discrimination. It is possible that real estate agents will adopt more rigorous internal protocols to ensure fair treatment of all applicants. Further legal challenges could arise as the implications of this ruling are tested in lower courts.
Frequently Asked Questions
What was the outcome of the case?
The Bundesgerichtshof (BGH) ruled in favor of the plaintiff, a woman with Pakistani roots, finding that the real estate agent was liable for discriminating against her during her apartment search.
What role did the real estate agent play in the discrimination?
The agent rejected the plaintiff’s, her husband’s, and her sister’s applications when submitted under her real name, but offered viewings when applications were made under German-sounding names.
Who is responsible for preventing discrimination in housing, according to the ruling?
The ruling establishes that both landlords and real estate agents can be held liable for discrimination in housing, as the agent acts as a key intermediary in the rental process.
How might this ruling impact the future of housing searches in Germany?
