An important decision for the protection of those who want to rent a house was issued by the Supreme Federal Court for civil cases (Bundesgerichtshof) in Karlsruhe. The judges awarded compensation to a woman who was rejected by the broker, just because she was a foreigner.
But how is this rejection proven? And how did this particular case reach the Court? The plaintiff’s name is Humaira Wasim, and she is originally from Pakistan, but was born and raised in Germany, where she works as a teacher.
The negative answers
In November 2022, he had turned to a realtor, via the Internet, to find a house. Every time she filled in her real name, the answer was no. He tried other names that suggested foreign origin, but the response was also negative.
However, as soon as Humaira Wasimi stated a distinctive German name, such as “Schneider” or “Schmidt,” the realtor gave her an appointment to visit the previously unavailable home. After this, the woman appealed to , filing the communication protocol with the broker.
Compensation of 3,000 euros
The court of first instance of Gross Gerau dismissed the action. However, Humaira Wasimi was later vindicated at the Court of Appeal in Darmstadt, which awarded her 3,000 euros in damages from the broker. This decision is now confirmed by the Supreme Federal Court.
Judicial decision station
The federal government’s anti-discrimination commissioner, Ferda Ataman, speaks of a “judicial decision that is a milestone in the law for the elimination of discrimination” and emphasizes that “as of today, those concerned know that they can defend themselves legally when they are discriminated against in the housing market.”
“Hundreds of incidents” every year
As Ataman states, she herself receives hundreds of reports every year from potential tenants, who believe that they are being discriminated against. As a rule, he advises them to take legal action. The problem has also been highlighted in a recent study by the German Center for Integration and Migration Research (DeZIM).
Liability to owner and broker
The interesting thing is that judges not only accept the protocol of communication with the real estate office as evidence, but hold the realtor (and not just the property owner) jointly responsible for avoiding racial discrimination in the housing search effort.
No discrimination
Commenting on the Karlsruhe decision, the head of the Association of German Realtors (IVD) Christian Ostchus states that “anyone looking for a home should rely on a process that does not discriminate based on origin, religion, gender or sexual orientation. The Supreme Court makes it clear that transparency is in the broker’s own interest.”
Source: DW
