Fifty-five years after its enactment, the federal Fair Housing Act remains a stalwart in prohibiting discrimination in housing for individuals or families. 

The Georgia Fair Housing Law, enacted 35 years ago, mirrors the federal statute, protecting individuals and families in housing-related transactions. 

Both laws actively acknowledge protected classes, ensuring that landlords, lenders, real estate agents, homeowner associations, and insurance companies understand it is illegal to discriminate based on the following characteristics: 

• Race: Whether someone is White, Black/African American, Asian, American Indian, Alaska Native, Native Hawaiian, Pacific Islander, or is a member of two or more of these groups. 

• National origin: References an individual’s birthplace or ancestry. 

• Color: Refers to the visible color of someone’s skin. 

• Religion: Includes both the practice of a religious tradition and the non-practice of one. It also includes religious practices that are not considered inside mainstream religious traditions. 

• Sex: Refers to an individual’s biological sex, sexual orientation, and/or gender identity. 

• Familial Status: Means there are children under the age of 18 living in a household. Pregnant women and families going through the adoption process are included in this protected class. Children can also include foster children and grandchildren if the individual has legal custody or written permission. 

• Disability: Means that an individual has a physical or mental impairment that substantially limits major life activities, such as performing manual tasks, walking, seeing, hearing, learning, working, and caring for themselves. 

What Conduct is Prohibited?  

Discrimination in housing includes activities such as refusing to rent or sell to someone, charging different rates, or offering different terms based on these characteristics. This could also include making discriminatory statements and/or disseminating discriminatory advertising; but, it can also include making false statements about housing availability to members of a protected class. 

Who Must Comply with Fair Housing Laws?  

Fair Housing laws apply to various entities. Landlords, mortgage lenders, insurance companies, real estate agents, property managers, homeowner associations, and condo boards are prohibited from discriminating against an individual or family based on their membership in a protected class. The laws apply to various transactions involving these entities and individuals seeking housing, including obtaining a home mortgage, appraisal, purchasing homeowners’ insurance, and renting or selling a home. 

Anti-discrimination laws give people recourse when they believe they have experienced discrimination based on their race, religion, national origin, sex, disability, or familial status. 

Next week's blog post will conclude Fair Housing Month for 2024, focusing on available resources for ensuring compliance with Fair Housing laws and steps to take if discrimination is experienced during housing searches.