Chapter 2: Housing

HOUSING DISCRIMINATION

STATE LAW

Individuals with disabilities have the right under state law to rent, lease, or purchase housing accommodations free from discrimination due to a physical or mental disability. (OCGA § 8-3-202 and its implementing regulation, Admin. Code 186-2-.02 (4)(b)14(i)(I-III))

Equal access to housing for individuals with physical disabilities includes the right of a totally or partially blind person, every physically disabled person, and every deaf person who has a guide dog or service dog and every person engaged in training a guide dog or service dog to keep a service or guide dog.

Such an individual will not be required to pay more for the guide dog or service dog. However, tenants can be held liable for damages to real and personal property caused by guide dog or service dog. (OCGA § 30-4-3(b))

It is unlawful 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 disability. (OCGA § 8-3-202(a)(1))

Discrimination includes 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. (OCGA § 8-3-202(a)(7)(B)(i)).

Also, discrimination includes 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. (OCGA § 8-3-202(a)(7)(B)(ii)).

A person can file a complaint with the Georgia Commission on Equal Opportunity, Fair Housing Division (404-656-7708). Check their website here to find out about filing a complaint alleging discriminatory housing practice.