Indemnification for Discrimination of Foreigners amounting 30 k €
Can it be that a landlord raises the rent exclusively for aliens in the house and not for Germans as well? AG Kreuzberg decided this question on December 19, 2014 (re 25 C 357/14).
Two long-term Turkish tenants with their three minor children had been living in the landlord's house in Berlin Kreuzberg for many years. After having raised the rent in the past for all tenants, he raised the rent again. As it turned out, only the foreigners in the house received a rent increase. Germans living in comparable apartments did not receive a rent increase. The Turks felt they were being disadvantaged and filed a complaint in court.
The judge ruled and found it reasonable to set an indemnification of 15 k € per person. Pursuant to §21 paragraph 2 clause 3, paragraph 5 AGG, it is forbidden that foreigners are excluded from the possibility to rent apartments. The disadvantaged foreigner is entitled to damages in money within a period of two months, unless the offender is justified. The court held a gross disadvantage. The indemnification has the function to satisfy the victims for their experienced disgrace and especially prevent further discriminations.