The Georgia Fair Housing Act: A Guide for Landlords and Tenants
Owning and renting property comes with lots of natural regulations and laws. It just makes sense. And possibly central to these regulations – both on the national level and locally – are the fair housing laws that aim to make sure that people are not discriminated against. Each state might look a little different, but they are always there. The Georgia Fair Housing Act for example determines certain protected classes and words what actions are discriminatory in a certain way. So what does it say and what do both landlords and tenants need to know about it?
We understand how Atlanta property management can be directly influenced by these laws. It is always very important to not only know the state laws that govern your everyday work, but also have in place important safeguards to make sure you are carrying things out in complete alignment with those laws. Here we go over a lot of the basics of the laws in Georgia that pertain to fair housing and some advice for those who are wondering how it affects their situation.
Table of Contents
- Basics of the Georgia Fair Housing Act
- Advice for Landlords
- Advice for Tenants
- For Landlords: How Professional Property Management Can Help
Basics of the Georgia Fair Housing Act
The Georgia Fair Housing Act, which is described in O.C.G.A. Section 8-3-200, prohibits discrimination in housing-related activities and actions. This discrimination (specifically in Georgia) is based on certain protected classes that may vary slightly from one state to the other. The ones in Georgia include race, color, religion, sex, handicap, familial status, or national origin. This applies to all kinds of aspects of housing, so take note. It includes the sale, rental, and advertising of the housing… so it isn’t concentrated on just particular activities.
Under the Georgia Fair Housing Act, certain actions are specifically deemed discriminatory, so understanding what those actions are is very important for both renting and for being the renter. They include such things as refusing to sell or rent a home to a person based on their membership in a protected class, discriminating in the terms or conditions of a sale or rental, and making discriminatory statements or ads. Other distinct actions are included in these types of unlawful behaviors… some significant ones include representing a home as unavailable when it is available or suggesting that the introduction of individuals from protected classes will negatively impact a neighborhood.
The Georgia Fair Housing Act also outlines specific exemptions. For example, religious organizations may limit the sale, rental, or occupancy of housing that they own to individuals of the same religion, provided that the religion does not restrict membership based on race, color, or national origin. Private clubs that are not open to the public and provide lodging for non-commercial purposes may give preference to their members. There are some notable exceptions like these that are important to keep in mind and know about.
Advice for Landlords
Landlords in Georgia need to keep up with (and of course comply with) the Georgia Fair Housing Act. That’s a given. Yes, that means in general they need to treat all prospective and current tenants fairly, but also that means being familiar with actions that brush up against anything that could be considered unfair under these regulations.
Landlords and property managers should establish clear and consistent rental policies, apply them uniformly to all applicants, and keep thorough records of all interactions… it’s these kinds of things that make a huge difference. Advertising also needs to be free from discriminatory language or implications — phrases that suggest preferences or exclusions for certain groups is a big deal.
Another aspect of these issues is handling reasonable accommodation requests from tenants with disabilities. The law requires landlords to make reasonable modifications or policy adjustments to allow tenants equal access to housing, such as allowing service animals in no-pet properties or providing designated parking spaces. If a request seems unreasonable or imposes an “undue” financial burden, landlords should consult professional legal advice.
At the end of the day, staying informed about fair housing regulations is part of the job.
Advice for Tenants
Ultimately tenants have the right to seek housing without fear of discrimination based on their membership in a protected class. If a landlord refuses to rent, applies unfair lease terms, or engages in discriminatory advertising, tenants can do things… first, document the incident. Then consider filing a complaint with the Georgia Commission on Equal Opportunity or the U.S. Department of Housing and Urban Development (HUD). Keeping records of all communications, lease agreements, and application denials can serve as evidence if legal action is necessary.
Another major thing tenants or potential tenants can do is familiarize themselves with all of these regulations. If anything housing related feels unfair to them, investigate. It’s not just about when they are a tenant, it’s also about when they are looking for tenancy, i.e. the language landlords use and the application process.
It also is important to investigate the particular protected classes in your state. Tenants with disabilities and all kinds of other related matters are part of these regulations, so understanding just what classes are part of the law and what behaviors are often considered discriminatory is how you make sure (or try to make sure) that all parts of the process are fair. Know your renter’s rights both nationally and in your state.
For Landlords: How Professional Property Management Can Help
In the end, it’s best to avoid housing discrimination by treating all applicants fairly and equally. Regardless of where your rental is located, you will likely meet all kinds of different people as part of your rental business. That’s why sometimes it is best to employ your favorite local property management company. They can take on the task of managing your homes to avoid serious matters such as discrimination.
With knowledgeable staff on hand who are always up to date with the most current landlord-tenant housing laws, you will have the peace of mind that none of your potential tenants will experience the harsh reality of discrimination. Call us today to discuss! We manage property services in Atlanta, Texas, Virginia, Boston, Washington D.C., and many other regions.
