The Federal Court of Justice (BGH) has ordered a real estate agent in the state of Hesse to pay 3,000 euros after discriminating against a potential tenant because of her Pakistani name. Humaira Waseem had also applied using German names as an experiment, and was then invited for a viewing.
Germany's Federal Court of Justice (BGH) ruled on Thursday (January 29) that real estate agents in Germany cannot deny prospective tenants apartments based on ethnicity.
The court upheld a lower court’s decision ordering a Hesse agent to pay 3,000 euros (3,600 US dollars) to Humaira Waseem, a woman of Pakistani descent, after she was initially rejected when applying with her real name.
In November 2022, Waseem applied for a newly listed apartment in Groß-Gerau in the state of Hesse, and was told no viewing appointments were available. Suspecting discrimination, she submitted another inquiry under a German-sounding name and was granted an appointment. Two additional applications under other German names produced the same result. She then filed a lawsuit for discrimination.
Waseem, who was born in Germany and lives in Groß-Gerau with her two children, described her ordeal as "hurtful to experience."
"That my name alone was enough to be treated differently,” she said, adding that the verdict shows "it is worthwhile to stand up for your rights."
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'Clear example of discrimination'
The BGH confirmed that the real estate agent violated the General Equal Treatment Act, emphasizing that agents act as a "bottleneck" for prospective tenants and can be held directly liable for discriminatory behavior.
Presiding judge Thomas Koch described the case as a "clear example of discrimination" and clarified that testing procedures, where applications differ only by name or other characteristics, are valid evidence in court.
The ruling was welcomed by the German Tenants’ Protection Association and the Real Estate Association. Melanie Weber-Moritz, president of the tenants’ group, described housing as a basic right and "should not depend on prejudice."
"Origin or name must play no role in apartment allocation," she said.
Federal Anti-Discrimination Commissioner Ferda Ataman called the decision “an important signal” that discrimination on the housing market is illegal and actionable.
With DPA and AFP
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