Code Sections
TOC
1-2-6
8-3-202
10-1-100
10-1-101
10-1-439
10-1-439.1
10-1-439.2
10-1-439.3
10-1-439.4
12-3-9
12-3-10
12-3-10.1
12-3-11
15-9-60
15-11-601
16-1-3
16-1-10
16-3-1
16-3-21
16-3-22
16-3-23
16-3-23.1
16-3-24
16-3-24.1
16-3-24.2
16-7-21
16-11-34.1
16-11-38
16-11-101
16-11-101.1
16-11-102
16-11-103
16-11-104
16-11-105
16-11-106
16-11-108
16-11-109
16-11-113
16-11-120
16-11-121
16-11-122
16-11-123
16-11-124
16-11-125
16-11-125.1
16-11-126
16-11-127
16-11-127.1
16-11-127.2
16-11-128
16-11-129
16-11-130
16-11-130.1
16-11-130.2
16-11-131
16-11-132
16-11-133
16-11-134
16-11-135
16-11-136
16-11-137
16-11-138
16-11-150
16-11-151
16-11-152
16-11-160
16-11-161
16-11-162
16-11-171
16-11-172
16-11-173
16-12-122
16-12-123
16-12-127
16-12-128
16-12-129
16-13-21
16-13-25
16-13-26
16-13-27
16-13-27.1
16-13-28
16-13-29
17-5-50
17-5-51
17-5-52
17-5-52.1
17-5-53
17-10-3
21-2-2
21-2-413
27-1-36
27-1-38
27-3-1.1
27-3-6
27-3-7
27-4-11.1
33-24-30.1
35-3-34
37-1-1
38-2-194
38-2-277
38-2-301
38-3-37
38-3-51
41-1-9
42-4-13
42-5-15
43-38-10
50-18-70
50-18-71
50-18-72
50-18-73
50-18-74
51-11-9
Found In LexisNexis by searching for "8-3-202" or in the TOC under:
Title 8 - BUILDINGS AND HOUSING
Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS
Article 4 - FAIR HOUSING
The code sections are all Copyright © 2017 by The State of Georgia
O.C.G.A.§ 8-3-202
Unlawful practices in selling or renting dwellings; exceptions
(a) Except as exempted by subsection (b) or (d) of this Code section or Code
Section 8-3-205, it shall be unlawful:
(1) To refuse to sell or rent after the making of a bona fide
offer, or to refuse to negotiate for the sale or rental of, or otherwise make
unavailable or deny, a dwelling to any person because of race, color, religion,
sex, disability, familial status, or national origin;
(2) To discriminate against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provision of services or
facilities in connection therewith, because of race, color, religion, sex,
disability, familial status, or national origin;
(3) To make, print, or publish or cause to be made, printed, or
published any notice, statement, or advertisement, with respect to the sale or
rental of a dwelling, that indicates any preference, limitation, or
discrimination based on race, color, religion, sex, disability, familial status,
or national origin, or an intention to make any such preference, limitation, or
discrimination;
(4) To represent to any person because of race, color, religion,
sex, disability, familial status, or national origin that any dwelling is not
available for inspection, sale, or rental when such dwelling is in fact so
available;
(5) For profit, to induce or attempt to induce any person to sell
or rent any dwelling by representations regarding the entry or prospective entry
into the neighborhood of a person or persons of a particular race, color,
religion, sex, familial status, or national origin or with a disability;
(6) To discriminate in the sale or rental, or to otherwise make
unavailable or deny, a dwelling to any buyer or renter because of a disability
of:
(A) That buyer or renter;
(B) A person residing in or intending to reside
in that dwelling after it is sold, rented, or made available; or
(C) Any person associated with that buyer or
renter;
(7) (A) To discriminate against any person in the terms,
conditions, or privileges of sale or rental of a dwelling, or in the provision
of services or facilities in connection with such dwelling, because of a
disability of:
(i) That person;
(ii) A person residing in or
intending to reside in that dwelling after it is sold, rented, or made
available; or
(iii) Any person associated
with that person.
(B) For purposes of this paragraph,
discrimination includes:
(i) A refusal to permit, at the
expense of the person with disabilities, reasonable modifications of existing
premises occupied or to be occupied by such person if such modifications may be
necessary to afford such person full enjoyment of the premises, except that, in
the case of a rental, the landlord may where it is reasonable to do so condition
permission for a modification on the renter's agreeing to restore the interior
of the premises to the condition that existed before the modification,
reasonable wear and tear excepted;
(ii) A refusal to make
reasonable accommodations in rules, policies, practices, or services when such
accommodations may be necessary to afford such person equal opportunity to use
and enjoy a dwelling; or
(iii) In connection with the
design and construction of covered multifamily dwellings for first occupancy
after March 13, 1991, a failure to design and construct those dwellings in such
a manner that:
(I) The
public use and common use portions of such dwellings are readily accessible to
and usable by persons with disabilities;
(II) All the
doors designed to allow passage into and within all premises within such
dwellings are sufficiently wide to allow passage by persons with disabilities in
wheelchairs; and
(III) All
premises within such dwellings contain the following features of adaptive
design: (a) an accessible route into and through the dwelling; (b) light
switches, electrical outlets, thermostats, and other environmental controls in
accessible locations; (c) reinforcements in bathroom walls to allow later
installation of grab bars; and (d) usable kitchens and bathrooms such that an
individual in a wheelchair can maneuver about the space.
(C) Compliance with the appropriate requirements
of the American National Standard for buildings and facilities providing
accessibility and usableness for physically disabled people (commonly cited as
"ANSI A117.1") suffices to satisfy the requirements of subdivision (B)(iii)(III)
of this paragraph.
(D) In regard to persons with disabilities,
discrimination includes, in connection with the design and construction of
covered multifamily dwellings for first occupancy after March 13, 1991, a
failure to design and construct dwellings in such a manner that the dwellings
have at least one building entrance on an accessible route, unless it is
impracticable to do so because of the terrain or unusual characteristics of the
site; or
(8) To require, as a condition of tenancy in public housing, any
prohibition or restriction of any lawful possession of a firearm within an
individual dwelling unless required by federal law or regulation.
(b) (1) Nothing in this Code section, other than paragraph (3) of subsection (a)
of this Code section, shall apply to:
(A) Any single-family dwelling sold or rented by
an owner, if:
(i) Such private individual
owner does not own more than three such single-family dwellings at any one time;
(ii) Such bona fide private
individual owner does not own any interest in, nor is there owned or reserved on
his behalf, under any express or voluntary agreement, title to or any right to
all or a portion of the proceeds from the sale or rental of more than three such
single-family dwellings at any one time;
(iii) Such dwelling is sold or
rented:
(I) Without
the use in any manner of the sales or rental facilities or the sales or rental
services of any real estate broker, agent, or salesman, or of such facilities or
services of any person in the business of selling or renting dwellings, or of
any employee or agent of any such broker, agent, salesman, or person; and
(II) Without
the publication, posting, or mailing, after notice, of any advertisement or
written notice in violation of subsection (c) of this Code section; but nothing
in this paragraph shall prohibit the use of attorneys, escrow agents,
abstractors, title companies, and other such professional assistance as
necessary to perfect or transfer the title; or
(B) Rooms or units in dwellings containing living
quarters occupied or intended to be occupied by no more than four families
living independently of each other, if the owner actually maintains and occupies
one of such living quarters as his residence.
(2) In the case of the sale of any such single-family dwelling by a
private individual owner not residing in such dwelling at the time of such sale
or who was not the most recent resident of such dwelling prior to such sale, the
exemption granted by this subsection shall apply only with respect to one such
sale within any 24 month period.
(c) For the purposes of subsection (b) of this Code section, a person shall be
deemed to be in the business of selling or renting dwellings if:
(1) He has, within the preceding 12 months, participated as
principal in three or more transactions involving the sale or rental of any
dwelling or any interest therein;
(2) He has, within the preceding 12 months, participated as agent,
other than in the sale of his own personal residence, in providing sales or
rental facilities or sales or rental services in two or more transactions
involving the sale or rental of any dwelling or any interest therein; or
(3) He is the owner of any dwelling designed or intended for
occupancy by, or occupied by, five or more families.
(d) Nothing contained in this Code section shall require that a dwelling be made
available for rental or lease to an individual whose tenancy would constitute a
direct threat to the health or safety of other individuals or whose tenancy
would result in substantial physical damage to the property of others.
HISTORY:
Code 1981, § 8-3-202, enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 1992, p. 1840, § 4; Ga. L. 1995, p. 1302, §§ 13, 14, 16; Ga. L. 2014, p. 599, § 1-2/HB 60.