A Guide to Protected Classes in Georgia
Discrimination remains a major concern when it comes to real estate and rental property. It makes sense that there are laws in place so that decisions about housing are made fairly. Part of those laws are protected classes… characteristics of people that are protected from being discriminated against or denied opportunities because of those characteristics. The interesting thing is that those lists can vary a little from one state to the next. The protected classes in Georgia aren’t necessary the same as they are in Texas or Massachusetts, for example.
As a professional Atlanta property management company we need to know all about these things. Being well-versed in Georgia laws that apply to housing is a big part of what we do. Let’s dive into this particular topic to answer a few questions, including what the protected classes in Georgia are specifically.
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What are the Protected Classes in Georgia
The Fair Housing Law in Georgia seeks to prevent discrimination in housing-related activities based on specific protected classes. The protected classes in Georgia include the following: race, color, religion, sex, handicap , familial status, and national origin. This means that in the sale, rental, or advertising of housing, individuals cannot be treated unfairly due to these characteristics.
Discriminatory practices under this law include a range of actions… some of which may not be obvious. For example, it’s illegal to refuse to rent a home to someone based on the fact that they are part of a protected class in Georgia. Also you cannot apply different terms, conditions, or privileges in the rental… so you can’t charge a different rent or have different lease terms. Discrimination can also take the form of providing wrong information about the availability of housing or otherwise try to persuade someone away from a property because of one of these protected classes.
It’s important to note something. While the Georgia Fair Housing Law aligns closely with federal fair housing regulations, there are some nuances specific to Georgia. For example, certain exemptions exist, such as for religious organizations that limit housing to members of their religion… that is, provided that membership isn’t restricted based on race, color, or national origin. Private clubs offering lodging to members may also be exempt under specific conditions. So there are some notable exceptions that do exist.
FAQ
Can a landlord refuse to rent to someone based on their criminal history?
Landlords in Georgia can consider criminal history as part of their screening process, but blanket policies that exclude all applicants with a record may be considered discriminatory. The U.S. Department of Housing and Urban Development (HUD) suggests that landlords to assess criminal history on a case-by-case basis.
Are tenants with disabilities entitled to accommodations?
Yes, landlords need to provide reasonable accommodations to tenants with disabilities under the Fair Housing Act. This can include allowing service animals in a no-pet property, permitting modifications such as grab bars, or adjusting policies to enable equal access to housing. While this is the case, accommodation are not supposed to impose an undue financial or other burden on the landlord… otherwise they might be exempt.
What should a tenant do if they believe they’ve faced discrimination?
If a tenant suspects they were denied housing or treated unfairly due to their protected status, they can file a complaint with the Georgia Commission on Equal Opportunity or the U.S. Department of Housing and Urban Development (HUD). Keeping records of discriminatory statements, emails, or application denials can help strengthen their case. Legal aid services may also provide guidance on next steps.
Call BMG to Help Manage These Questions
In the end, it’s best to avoid housing discrimination by treating all applicants fairly and equally. Regardless of whether your rental is in Georgia or elsewhere, you will likely meet all kinds of different people to fill your vacant rental homes. That’s why sometimes it is best to employ your favorite local property management company. They can take on the task of managing your rental 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 laws, you will have the peace of mind that none of your potential tenants will experience the harsh reality of discrimination. Call us now. We provide property services in Atlanta, Texas, Boston, Baltimore, Virginia, and elsewhere.
