KARLSRUHE (dpa-AFX) - The Federal Court of Justice (BGH) is examining whether a prospective tenant can demand compensation from a realtor after being discriminated against during an apartment search due to her origin. Germany's highest civil court held a hearing in Karlsruhe on the lawsuit brought by Humaira Waseem, who initially received only rejections from the realtor when she inquired about viewings using her Pakistani first and last name. When she tried again with German last names, she was able to secure a viewing appointment.
At the heart of the proceedings is the question of whether a realtor can be held liable for such a violation of the General Equal Treatment Act, or if only the landlord as the direct contracting party is responsible. The plaintiff's attorney, Ines Bodenstein, emphasized in court that a significant protection gap would arise if discriminatory behavior by realtors remained without consequences. Most apartment seekers, she argued, are in contact exclusively with realtors or property management companies—and not with the often-anonymous landlords.
With the last name "Schmidt," the inquiry was successful
In her search for a new home for herself, her husband, and her child, Waseem applied via an online form to a listing from the realtor's office in November 2022—only to receive an immediate rejection. Inquiries from her sister and husband were also unsuccessful. Finally, the 30-year-old tried using the names "Schmidt," "Schneider," and "Spieß," after which she was offered viewing appointments for the apartment in Hesse.
In court, she demanded damages from the realtor for a violation of the Equal Treatment Act. The district court of Groß-Gerau initially dismissed her claim. However, the Darmstadt Regional Court decided differently on appeal, ordering the realtor to pay 3,000 euros in compensation as well as reimburse legal fees. The realtor appealed, bringing the case before Germany's highest civil court. A decision is not expected until the new year./jml/kke/DP/stw
