THE AFRICAN COURIER. Reporting Africa and its Diaspora! The African Courier is an international magazine published in Germany to report on Africa and the Diaspora African experience. The first issue of the bimonthly magazine appeared on the newsstands on 15 February 1998. The African Courier is a communication forum for European-African political, economic and cultural exchanges, and a voice for Africa in Europe.
In a far-reaching judgment that strengthens protection against discrimination in Germany’s housing market, the Federal Court of Justice (BGH) has ruled that real estate agents may not reject housing applicants because of their names. Turning down a prospective tenant solely because their name sounds “foreign,” the court held, constitutes unlawful ethnic discrimination and gives rise to a right to compensation.
The decision, delivered on 29 January 2026, is being widely described as a landmark ruling—and one that should be of particular interest to Africans and people of African descent, who frequently report discrimination when searching for accommodation in Germany.
The Case: Same Profile, Different Names
The case was brought by a woman with a Pakistani first and last name who had repeatedly applied for apartment viewings through an online form in November 2022. Each time she used her real name, she received an immediate rejection from the real estate agent.
To test whether her name was the problem, she submitted identical applications—same income, employment status and household size—but this time under typically German-sounding names such as “Schneider,” “Schmidt” and “Spieß.” In contrast to the earlier rejections, she was then invited to view an apartment.
Convinced that she had been discriminated against on ethnic grounds, the woman took the agent to court.
The Regional Court in Darmstadt found that the real estate agent had committed a serious violation of Germany’s General Equal Treatment Act (AGG) and ordered him to pay €3,000 in compensation. The agent appealed—but the Federal Court of Justice rejected the appeal in full.
Germany’s highest civil court confirmed that rejecting a housing applicant solely because of a foreign-sounding name amounts to discrimination based on ethnic origin and is therefore unlawful. The judges also made clear that:
- There is nothing legally objectionable about testing for discrimination by applying under different names.
- Real estate agents cannot evade responsibility by claiming they were merely acting on behalf of landlords.
- Even if a landlord holds discriminatory views, the agent remains personally liable if they implement them.
Why This Ruling Matters for Africans
For many Africans living in Germany, the judgment confirms what has long been a lived reality: names alone can close doors—sometimes before an application is even properly considered.
African migrants and German citizens of African descent frequently report that apartment searches stall as soon as landlords or agents see names that signal African, Arabic or Muslim backgrounds. This ruling sends a clear message that such practices are illegal and can have financial consequences.
More importantly, it gives affected individuals a stronger legal basis to challenge discrimination and seek compensation—something many victims have previously felt was futile or too risky.
A “Strong Signal” Against Housing Discrimination
Germany’s Federal Anti-Discrimination Commissioner, Ferda Ataman, welcomed the ruling as a “strong signal to the entire country.” She stressed that discrimination in the housing market is prohibited and that victims are not powerless.
Ataman also renewed calls for reforms to the AGG to explicitly ban discriminatory wording in housing advertisements—similar to long-standing rules that already apply to job ads.
Industry Reaction: Compliance Is Mandatory
The German Property Federation (IVD), which represents real estate agents, described the judgment as consistent and unsurprising. According to the association, agents have long been advised to comply strictly with the AGG.
The IVD underlined that real estate professionals must not follow discriminatory instructions from landlords. Even if they are not the ones signing the lease, agents are legally obliged to apply non-discriminatory criteria when selecting applicants.
Remaining Gaps in Protection
Despite the positive signal, legal experts caution that Germany’s anti-discrimination framework still has weaknesses. The AGG applies mainly to private-law relationships, such as employment or housing. It generally does not cover discriminatory actions by public authorities in their everyday administrative decisions.
In other words, if similar discrimination were carried out by a state authority rather than a private agent, obtaining compensation would often be far more difficult. Although Germany’s constitution guarantees equality before the law, enforcing that right in practice can be complex and burdensome. Calls to expand and reform the AGG have so far gone unanswered.
A Step Forward, But Not the End
For Africans and other minorities in Germany, the BGH ruling is an important step forward in the fight against everyday discrimination—especially in a housing market that is already tight and highly competitive.
While the verdict will not end discriminatory practices overnight, it raises the legal and financial risks for those who engage in them.
Felix Dappah
