§ 19 (3) AGG permits unequal treatment during rental of housing in favor of "socially stable resident structures", "balanced settlement structures" and "balanced economic, social and cultural conditions". This regulation makes it possible that racially motivated unequal treatment cannot necessarily be sanctioned in the conclusion of tenancy agreements.

This is why, the BUG suggests the removal § 19 (3) AGG.

§ 19 (5) s. 1 AGG permits exceptions to the prohibition of discrimination in civil law transactions if a transaction establishes a "close relationship or a relationship of trust" between the parties or their relatives. With tenancies, this particularly concerns housing situated on the same plot of land (§ 19 (5) s.2 AGG).

Since a close relationship between tenants and relatives of the landlord is hardly conceivable, the reference to the relatives should be withdrawn.

Sentence 3 also extends the exemption to landlords with up to 50 flats. However, it does not specify whether these 50 apartments must be located on a property, in a district or in a municipality. The extension of this derogation covers a substantial part of the flats for rent, which unjustifiably limits the protection against discrimination. The third sentence should therefore be deleted.