Germany’s highest court has affirmed the rights of prospective tenants, ruling that real estate agents may not discriminate against individuals based on their names. In a case originating in Hessen, a property agent is now required to pay 3000 euros in damages due to discriminatory practices.
Landmark Ruling on Discrimination
The Bundesgerichtshof (BGH), or Federal Court of Justice, in Karlsruhe, determined that discriminating against potential renters due to names perceived as foreign is unlawful. This decision stems from the case of Humaira Waseem, who experienced repeated rejections when applying for a rental property under her own name. Waseem, along with her husband and sister, were denied viewings.
After receiving offers to view the property under the assumed name, Waseem pursued legal action against the agent. The Darmstadt Regional Court initially ruled in her favor, ordering the agent to pay 3000 euros in damages. The agent then appealed to the BGH.
Agent Responsibility Confirmed
The BGH upheld the Darmstadt court’s decision, clarifying that the agent, and not solely the landlord, is liable for discriminatory practices. Presiding Judge Thomas Koch described the case as a “pretty clear case of discrimination.” The court reasoned that holding agents accountable is essential to achieving the law’s goal of preventing discrimination based on origin.
Waseem, who traveled to Karlsruhe for the verdict, expressed a feeling of “vindication” and “justice” that her experience was taken seriously. Melanie Weber-Moritz, President of the German Tenants’ Association, also welcomed the decision, stating that “origin or name must not play a role in the allocation of housing” and that “housing is a basic right and must not depend on prejudices.”
Frequently Asked Questions
What was the basis of the discrimination in this case?
Humaira Waseem was denied viewings for a rental property because of her name, which was perceived as foreign. She was able to secure viewings when she applied using a German-sounding name.
Who is responsible for preventing discrimination in housing?
According to the BGH ruling, both the agent and the landlord have a role in preventing discrimination, but the agent is directly liable for discriminatory practices.
What was the amount of damages awarded in this case?
The Immobilienmakler from Hessen was ordered to pay 3000 euros in damages to Humaira Waseem.
As this ruling clarifies agent responsibility, it is possible that we may see increased scrutiny of rental practices and a rise in legal challenges to discriminatory behavior in the German housing market. It remains to be seen how broadly this decision will be applied in future cases.
