The Fair Housing Act guarantees every American the right to fairness when it comes to rentals, participating in a property sale, or access to mortgage on the basis of certain classes. Under federal law, this act prohibits discrimination against seven protected classes.
That is, race, color, religion, sex, national origin, mental or physical impairment or disability, and familial status. As a landlord, denying a person the opportunity to rent your Georgia home or evicting them on the basis of such classes would be unlawful and you’d be liable to certain legal and financial ramifications.
The Fair Housing Act was first put before Congress in 1966. However, it wasn’t until two years later that the bill was passed into federal law and signed by President Lyndon B. Johnson. It was enacted as Title VIII of the Civil Rights Act of 1968, and codified at 42 U.S.C. 3601-3619.
And this came a week later after the assassination of Dr. Martin Luther King, Jr. His assassination led to an outpouring of anger among Black Americans. It also led to a period of national mourning that helped speed up the enactment of the Fair Housing Act by Congress.
Does Georgia have additional protections for groups not covered under the Federal Fair Housing Act?
Some states have additional housing discrimination protections for their residents on top of federal fair housing laws. Georgia isn’t among these groups of states, however, as it’s yet to pass a legislation in this regard. That being said, there are some non-statutorily housing discrimination protections that exist in Georgia under the Department of Community Affairs on a case-by-case basis.
What are some examples of acts that may be considered discriminatory under Georgia Fair Housing law?
The following are fair housing law violations that you’ll want to avoid as a landlord in Georgia.
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• Refusing to rent out your property on a bona fide rental application
• Lying about the availability of your property for rental or sale on account of the prospect's race, national origin, familial status, religion, disability, or any other class according to fair housing law.
• Offering different tenants different lease terms
• Making threats to tenants or intimidating them
• “Steering” applicants away to particular neighborhoods
• Refusing to provide a renter with a disability reasonable accommodations and modifications so as to enable them enjoy their renedl premises
• Including discriminatory statements in the property's advertising
• Using discriminatory questions during the screening process
• Being biased in the manner in which you enforce the terms of the lease agreement
What are the penalties for violating the Georgia Fair Housing Act?
As a landlord, violating fair housing could expose you to hefty financial and/or legal repercussions.
The first type of housing discrimination penalty you’d be liable for is paying compensatory damages and the security deposit, which may include out-of-pocket expenses to enable your renter meet the costs of finding an alternative dwelling to rent.
The other type of fair housing penalty are civil penalties. These usually range from as low as $16,000 to north of $100,000 depending on whether the offence is a one-time offence or a repeat one.
You may also be penalized punitive damages, as well as being made liable for paying your resident non-economic damages.
What rights do people with disabilities have under the Georgia Fair Housing Act?
First off, disability is protected under federal fair housing laws. Therefore, as a landlord, you’re obligated to allow certain modifications and accommodations a disabled renter may request as long as they are reasonable. Refusing to do this counts as housing discrimination.
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Examples of reasonable modifications you can make for a person with a disability include the following.
• Assigning accessible parking for a mobility-impaired individual
• Allowing an applicant to submit their application form through different means
• Adding a grab bar to a tenant’s bathroom
• Allowing a renter to transfer to the ground-floor unit
• Adjusting the schedule for rent payment to accommodate when a disabled resident receives income assistance
• Assigning a mobility-impaired individual an accessible parking space
An example of a reasonable accommodation you can make for a renter with a disability is allowing them to keep a service dog even if you have a “no pets” policy in place.
Besides landlords, who else is prohibited from engaging in housing-related discriminatory practices?
Fair Housing law in Georgia also prohibits housing discrimination from these parties:
• Insurance providers
• Mortgage lenders and brokers
• Property managers
• Home developers
• Real estate agents
• Homeowners’ associations
Are there exceptions under the Fair Housing Act?
Yes, there are exceptions to fair housing in Georgia, although in very limited circumstances. They include the following.
• Private clubs that limit occupancy to members
• Housing operated by religious organizations
• Single-family housing that is sold or rented without professional brokerage services
• Owner-occupied buildings with a maximum of four units
What can Georgia landlords do to ward off potential discrimination claims?
Landlords cannot use ignorance as a legal defense for housing discrimination in court. Therefore, familiarizing yourself with the Fair Housing Act isn’t an option; it’s a must in order to run a successful property investment in Georgia.
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Below are a couple of tips to help you in this regard.
• Be mindful of what you say. Whether it’s during the selection process, or during your day-to-day interactions with your tenants, make sure to remain professional at all times.
• Treat all tenants you have equally. Respond to issues with the necessary urgency, and avoid being selective in the friendships you create.
• Always act professionally. Issues are inevitable in the life of any landlord. The goal, however, is to ensure that you approach the issue with the professionalism it deserves.
• Review all ads before publishing them. Even better, have a professional go through them to avoid potential discrimination claims from tenants belonging to certain classes.
Examples of phrases that may count as housing discrimination include: “Suitable for a Young Couple,” “Ideal for a Family,” “No Pets Allowed,” or “Caucasian Preferred.” These statements are bound to get you in trouble sooner rather than later. If you’re just starting out, have a professional create the ad for you as you learn the ropes.
• Hire a professional property management company. Professional property managers specialize in doing one thing – managing their clients’ properties right.
Bottom Line
At this point, you’re now familiarized with the basics of the Fair Housing Act in Georgia. If you still need more help regarding Fair Housing or anything else property management, get in touch with Vineyard Property Management. Our boutique approach to managing your Cobb or Cherokee rental property will ensure you get the most out of our services. Get in touch to learn more!
