Key Takeaways
- Georgia landlords must comply with both state and federal housing laws. GA Code Title 44 Chapter 7 governs landlord-tenant relationships, while the Federal Fair Housing Act prohibits discrimination throughout the rental process.
- Discrimination based on protected classes is illegal. Landlords may not treat residents or applicants differently based on race, color, religion, sex, disability, national origin, or familial status—and some local ordinances (such as in Atlanta) add additional protections.
- Resident screening and advertising require extra caution. Asking prohibited questions or using discriminatory language in rental ads can result in serious legal, financial, and reputational consequences.
- Proactive compliance reduces risk. Understanding applicable laws, applying consistent screening standards, providing reasonable accommodations, and working with a professional property management company can help landlords avoid fair housing violations.
To be a successful landlord in Georgia, you must ensure you stay legally compliant with the GA Code Title 44 Chapter 7. The code applies to eviction laws, security deposit rules, lease termination rules, and civil laws in general.
Another set of rental laws to familiarize yourself with is fair housing laws. The Georgia fair housing laws apply in most aspects of the landlord-tenant relationship, including when it comes to rental advertising, resident screening, and even resident eviction.
For example, when it comes to resident screening, the following are some questions you must not ask prospects:
- Are you gay?
- Are you Christian?
- Where are you originally from?
- Are you Latino or Hispanic?
These are examples of illegal questions that go against the Fair Housing Act. This is because they infringe on some of Georgia’s protected classes. Violations can have significant legal, financial, and reputation implications. Here is a guide by Keyrenter Marietta on what the Georgia Fair Housing Act entails.
What Is the Federal Fair Housing Act?
The Fair Housing Act (FHA) is a crucial piece of legislation that became law on April 11th, 1968. It is part of the Civil Rights Act, and is also known as Title VIII of the Civil Rights Act of 1968.
It prohibits discrimination in housing based on 7 protected classes. That is: race, religion, nationality, familial status, disability, sex, and color.
The act aims to ensure everyone has fair and equal housing opportunities. Examples of housing opportunities include the sale, rental, financing, and appraisal of housing.
As a landlord, you must be careful not to discriminate against a resident based on a protected class.
What Are the Protected Classes under the Fair Housing Act in Georgia?
Under the FHA, a protected class is any individual’s characteristic that is protected from discrimination. In all fifty U.S. states, residents are protected from discrimination based on 7 characteristics:
- Color
- Religion
- Race
- Disability
- Nationality
- Familial status
- Sex
Some states also have additional protected classes through fair housing law regulations. Examples of common additional fair housing laws include income source, sexual orientation, marital status, age, military and veteran status, and domestic violence victim status.
None of these extra protected classes applies in Georgia. The statewide Georgia Fair Housing Law largely mirrors the Federal Fair Housing Act. That said, several cities and counties have enacted their own local ordinances that offer broader protections.
In Atlanta, for example, a local ordinance adds the following protected classes to the federal list:
- Gender identity
- Sexual orientation
- Parental status
- Marital status
- Creed
What Are Examples of Common Fair Housing Law Violations?
The following are some of the most common violations that landlords should avoid:
- Refusing to rent out your property based on any of the residents’ protected classes, such as race or color.
- Treating residents differently. For example, charging a resident of a particular group more rent than others. Or, enforcing the lease with bias based on a resident’s protected class.
- Asking prohibited questions when screening residents. For instance: Are you gay? Are you married? Where are you originally from? Which church do you go to?
- Using discriminatory phrases in your rental ad. For example: “Unit is ideal for a Married Christian Couple,” “Unit is Ideal for a Single Professional,” or “A Female Resident Preferred.”
- Failing to provide reasonable accommodations to disabled residents. And/or, not agreeing to reasonable requests for modifications for residents with physical or mental impairments.
- Enforcing the lease in a discriminatory manner, such as purposely misusing security deposits.
Engaging in any of such behaviors will get you into trouble with the Georgia Commission on Equal Opportunity. This is the state’s agency that handles complaints of potential discrimination.
If found guilty of discriminatory behavior, the resulting consequences can be quite serious. They may include fines and legal action.
Luckily, there are some tips that you can implement to avoid fair housing law violations.
Fair Housing Law Violations – Tips for Landlords
Here are some of the things you can do to avoid fair housing law violations as a landlord in Georgia:
- Understand the fair housing laws that apply to you. In Georgia, residents have at least one level of protection. That is, the Federal Fair Housing Act, and sometimes local fair housing laws, depending on the particular city your property is located in.
- Be thorough when screening residents, but ensure the process is fair and objective.
- Be mindful of disabled residents. Provide them with reasonable accommodations and allow reasonable requests for modifications (at their cost).
- Hire a property management company to help ensure utmost legal compliance.
Bottom Line
The journey to being a successful landlord in Georgia begins with understanding your obligations, including legal ones. And part of the GA Code Title 44 Chapter 7 is the fair housing laws, which you must keep down to the letter.
If you have a question or need expert property management in Marietta, GA, and its surrounding areas, Keyrenter Marietta can help. We’re a one-stop shop for all your property management solutions. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.