The Federal Court of Justice (BGH) in Karlsruhe has issued a landmark ruling that strengthens protections against discrimination in Germany’s housing market. In its decision on Thursday, the court confirmed that real estate agents can be held liable if they treat prospective tenants unfairly because of foreign-sounding names.
The ruling requires a real estate agent from Hesse to pay €3,000 in damages to a woman with Pakistani roots who was repeatedly denied a chance to view an apartment despite submitting accurate and complete information.(Case number: I ZR 129/25)
The case began when Humaira Waseem applied to view a rental apartment using her real name and received a rejection. Her husband and sister, both sharing the same ethnic background, experienced identical outcomes when they submitted similar inquiries.
Suspecting discriminatory treatment, Waseem sent in a new application for the same property, this time using the invented German surname “Schneider” while keeping all other details unchanged. Under this German-sounding name, she immediately received an invitation to a viewing appointment. Two further applications submitted under German names "Schmidt" and "Spieß" were also accepted, reinforcing what appeared to be a consistent pattern.
Waseem took the case to court, and the Regional Court in Darmstadt ruled that the agent’s actions constituted clear discrimination based on ethnic origin. The court ordered the agent to compensate her with €3,000. The agent appealed, sending the case to Germany’s highest civil court for further examination.
By the time the matter reached the BGH, the issue of whether discrimination occurred was no longer in dispute. Presiding judge Thomas Koch described it as a “pretty clear case of discrimination.” Instead, the court had to determine whether liability should fall solely on the landlord or whether an agent can also be held responsible under the law.
The BGH concluded that real estate agents can indeed be held liable. Judge Koch emphasized that this interpretation reflects the intent of anti-discrimination law, which is meant to prevent or eliminate unequal treatment. Because agents serve as the “bottleneck” through which all prospective tenants must pass before even accessing a viewing, the court ruled that their actions directly influence whether applicants have a fair chance to rent a home.
Waseem, who attended the hearing in Karlsruhe, said the ruling gave her a “feeling of justice” and a “confirmation” that her experience had been genuinely acknowledged. She added that the decision showed “it is worth standing up for your rights.”
The Federal Anti-Discrimination Commissioner, Ferda Ataman, also welcomed the decision. “This ruling is not only a success for the plaintiff, but also sends an important signal to the country: discrimination in the housing market is prohibited and can be challenged,” she explained. “Origin or name should not play a role in the allocation of housing,” emphasized Melanie Weber-Moritz, president of the German Tenants' Association. “Housing is a fundamental right and should not be subject to prejudice.”
Christian Osthus, managing director of the Real Estate Association, said: “Anyone looking for an apartment must be able to trust that inquiries and viewing appointments are not sorted according to origin, religion, gender, age, disability, or sexual identity.”
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