Agency Report –
A woman who used a German surname to secure apartment viewings after repeated rejections using her Pakistani name is seeking compensation from an estate agent for discrimination before Germany’s top court.
The Federal Court of Justice in Karlsruhe heard the case brought by Humaira Waseem on Thursday.
When searching for a new apartment for herself, her husband and her child in the German state of Hesse in November 2022, Waseem said she applied to an advertisement from an estate agent’s office via an online form and received a prompt rejection. Enquiries from her sister and her husband were also unsuccessful.
Finally, the 30-year-old tried resubmitting the application using the same income and employment details under the typical German surnames “Schmidt,” “Schneider” and “Spieß,” and each time received a viewing appointment for the flat in Hesse.
Waseem is demanding compensation from the estate agent on the basis of Germany’s General Equal Treatment Act. A district court in Hesse initially dismissed her claim, but Waseem’s appeal proved successful, with the Darmstadt Regional Court ruling in her favour and ordering the estate agent to pay compensation of €3,000 ($3,500) and reimburse her legal costs.
However, after an appeal by the estate agent, the case was transferred to Germany’s highest civil court in Karlsruhe.
The case centres on the question of whether an estate agent is liable for such a violation of the equal treatment act, or only the landlord as the direct contractual partner.
The plaintiff’s lawyer, Ines Bodenstein, emphasized in court that there would be a major gap in protection if discriminatory behaviour by estate agents – usually the first point of contact for prospective tenants – went unpunished.
A decision in the case is not expected until next year.
