Renters' Rights - Part One

The following information applies to the state of Georgia. Laws may be different in other states. For more information you can go online at http://www.hud.gov/offices/fheo/. These are some facts about discrimination and what is acceptable or not in renting a home to someone. In no way, does this cover every potential situation. The information presented here is not intended to take the place of legal advice.

What groups are protected from discrimination?

The Fair Housing Act or Title VIII of the Civil Rights Act passed in 1968 prohibits discrimination in housing based on the following: race or color, national origin, religion, sex, disability, familial status including children under the age of 18 years living with parents or custodians, pregnant women, or people securing custody of children under the age of 18 years.

Discrimination is a sociologic term referring to the treatment taken toward or against a person of a certain group in consideration based solely on class or category. Discrimination is the actual behavior towards another group. (Wikepedia)

Discrimination in housing can take many forms. It can be direct such as a refusal to rent to someone from a different country. Discrimination can also be indrect in housing situations. Having a rule in place to protect residents, like no pets, may limit someone else's use of the property if a service animal is required. If the property owner does not have a legitmate business reason for the rule in place, it could be considered discriminatory.

The Georgia Fair Housing Law requires a property owner to make reasonable accommodations in rules, services or policies for people with physical or mental impairments. The individual with the impairment must first request the change or accommodation be made and may be asked to provide a doctor's statement as to the extent of change that is needed to be able to fully enjoy the rental property. You qualify for accommodations to be made if you or someone living with you has an impaiment that severley limits major life activities like walking, standing, breathing, or many others. There needs to be a verifiable record of such impairment.

The landlord is required to allow impaired tenants to make or have modifications made to the property at the tenant's expense. This is with the understanding that upon vacating the premises, the property will be returned to orginal move-in condition. A landlord is required, for example, to let a wheelchair bound person have a ramp constructed to the front entry. However, if the property owner sees that one person may pose a threat to the health or safety of others, housing need not be made available. Incidentally, if a person is currently using illegal drugs, housing can also be denied by the landlord.

Unless a rental property is specified as a community for the elderly, property owners cannot discriminate against families with children under 18 years of age. This also includes pregnant women, someone who is in the process of securing custody of a minor, or someone who is designated as the minor's caretaker in writing by the parents or legal guardians. The landlord can impose occupancy standards based on the size of the dwelling and the number of bedrooms available. For instance, it is reasonable for a landlord to ask that no more than two people be allowed per bedroom. It is not reasonable, and is considered discrimination, to require a family to have a separate bedroom for each child.

How to file a complaint.

If you feel you have been discriminated against, you can file a complaint under federal law by contacting the United States of Housing and Urban Development (HUD). To file a complaint or get more information, you can access HUD at http://www.hud.gov/offices/fheo/. A complaint can also be filed under the Federal Fair Housing Law or the State Fair Housing Law by contacting the Commission on Equal Opportunity. Within the state of Georgia, that number is 1-800-473-open. Upon investigation, if the federal or state agency believes discrimination has occurred, you can have your case heard in an administrative hearing or you can request the case to be heard in federal district court. This is provided at no cost to you. You may also wish to contact an attorney.