Key Takeaways
- Georgia Fair Housing Act (O.C.G.A. § 8-3-200) mirrors federal protections with additional state enforcement
- Georgia protects 7 classes: race, color, religion, sex, national origin, disability, and familial status
- The Georgia Commission on Equal Opportunity (GCEO) enforces state fair housing laws
- Complaints must be filed within 1 year of the alleged discriminatory act
- Penalties include actual damages, civil penalties up to $50,000 for repeat violations, and injunctive relief
Georgia Fair Housing Laws
Important: This content covers Georgia-specific fair housing provisions. You should complete the National Real Estate Exam Prep first, as federal fair housing law is heavily tested on the national portion.
Georgia has its own fair housing law that works alongside federal protections.
Georgia Fair Housing Act
The Georgia Fair Housing Act (O.C.G.A. § 8-3-200 et seq.) prohibits discrimination in housing based on:
| Protected Class | Federal & Georgia |
|---|---|
| Race | Yes |
| Color | Yes |
| Religion | Yes |
| Sex | Yes |
| National Origin | Yes |
| Disability (Handicap) | Yes |
| Familial Status | Yes |
Note: Georgia law currently follows federal protected classes. Some local jurisdictions may have additional protections.
Enforcement Agency
Georgia Commission on Equal Opportunity (GCEO)
The GCEO is responsible for:
- Investigating fair housing complaints
- Mediating disputes
- Taking enforcement action
- Coordinating with HUD on complaints
Filing a Complaint
| Requirement | Detail |
|---|---|
| Time Limit | Within 1 year of discriminatory act |
| Filing Location | GCEO or HUD |
| Investigation | GCEO has 100 days to investigate |
| Resolution | Conciliation, administrative hearing, or court |
Prohibited Acts
Under Georgia law, it is illegal to:
- Refuse to sell, rent, or negotiate based on protected class
- Discriminate in terms or conditions of housing
- Make discriminatory statements in advertising
- Represent unavailability when housing is available
- Blockbusting - Inducing sales by suggesting neighborhood change
- Steering - Directing buyers to/from certain neighborhoods
- Discriminatory lending - Unequal loan terms based on protected class
Penalties for Violations
Civil Penalties (Administrative)
| Offense | Maximum Penalty |
|---|---|
| First violation | $11,000 |
| Second violation (within 5 years) | $27,500 |
| Third or more (within 7 years) | $55,000 |
Additional Remedies
Courts may also award:
- Actual damages - Out-of-pocket losses
- Punitive damages - To punish intentional discrimination
- Injunctive relief - Orders to stop discrimination
- Attorney's fees - Reasonable legal costs
Exemptions
Limited exemptions exist under both federal and Georgia law:
| Exemption | Conditions |
|---|---|
| Owner-occupied small building | 4 or fewer units, owner lives there |
| Single-family home (FSBO) | No broker, no discriminatory advertising |
| Religious organizations | For members (race cannot be restricted) |
| Private clubs | For members only |
| Senior housing | Meets 55+ or 62+ requirements |
Important: Even with exemptions, discriminatory advertising is NEVER allowed, and real estate licensees cannot participate in discrimination.
Advertising Requirements
All real estate advertising must:
- Use the Equal Housing Opportunity logo or statement
- Avoid discriminatory language
- Not express preferences for protected classes
- Comply with HUD advertising guidelines
Words to Avoid
| Avoid | Acceptable |
|---|---|
| "Perfect for young professionals" | "Great location near transit" |
| "No children" | "One-bedroom apartment" |
| "Christian neighborhood" | "Near places of worship" |
| "Walking distance to church" | "Walking distance to downtown" |
Agent Responsibilities
Licensed real estate agents must:
- Treat all parties equally regardless of protected class
- Display fair housing poster in office
- Use fair housing language in advertising
- Report discriminatory instructions from clients
- Refuse to follow discriminatory directives
Which agency enforces fair housing laws in Georgia?
How long does a person have to file a fair housing complaint in Georgia?