Georgia Tenant Rights: Familial Status Discrimination Explained

As a renter in Georgia, you have specific rights if you're treated unfairly because of your family situation, such as having children or being pregnant. Understanding how familial status discrimination works is key to knowing what steps you can take and how the law protects you in your home.

What Is Familial Status Discrimination?

Familial status discrimination happens when landlords or property managers treat renters or applicants unfairly because they are raising children under 18, are pregnant, or are securing legal custody of a child. Georgia follows federal law through the Fair Housing Act, which makes it illegal to refuse housing, change terms, or harass someone due to familial status.^[1]

How the Law Protects Renters in Georgia

Both the federal Fair Housing Act and Georgia's state housing statutes prohibit discrimination on familial status.^[2] Examples of illegal actions include:

• Refusing to rent to families with children
• Charging higher rent or a bigger deposit because of children
• Limiting families to certain buildings or floors
• Creating rules that specifically target families with kids

Some exceptions exist, such as designated older adult communities that meet specific requirements. Otherwise, your rights apply throughout most types of rental housing in Georgia.

How to Tell if You've Experienced Familial Status Discrimination

It’s not always obvious when discrimination happens. Common signs include landlords saying "no children allowed," refusing to make reasonable accommodations for children, or steering your family to less desirable units.

If this sounds familiar, you may have a right to file a complaint under the law.

How to File a Discrimination Complaint in Georgia

Georgia renters who believe they've experienced familial status discrimination can take these steps:

• Document conversations, emails, and notices that show discriminatory behavior
• File a formal complaint with the U.S. Department of Housing and Urban Development (HUD) or the Georgia Commission on Equal Opportunity

Official Form: HUD Housing Discrimination Complaint Form (HUD-903.1)

• Form Name: Housing Discrimination Complaint Form (HUD-903.1)
• When to Use: If you believe you have been discriminated against in housing based on familial status
• How to Use: You can fill out this form online, mail, or email it to HUD. For example, if a landlord refuses your application after learning you have children, complete this form to launch an official investigation.
• Link: Submit a Fair Housing Complaint (HUD-903.1)

Where Are Complaints Reviewed?

In Georgia, housing discrimination complaints are investigated by HUD and may be referred to the Georgia Commission on Equal Opportunity (GCEO), the state authority that enforces fair housing requirements.^[3] You can track your case progress online or by contacting their offices directly.

Your Rights Under Georgia Landlord-Tenant Law

Georgia law (see Georgia Landlord-Tenant Rights and Obligations)^[4] supports federal fair housing protections. While Georgia's laws don't provide a state-specific tenant board, renters can work directly with agencies like HUD and GCEO for fair housing issues.

What to Expect After Filing a Complaint

Filing a HUD or GCEO complaint usually begins with an investigation. Officials may ask for more details, speak with involved parties, and decide if the complaint should move forward to mediation or court. Keep records and respond promptly to requests.

Frequently Asked Questions About Familial Status Discrimination in Georgia

1. Can a Georgia landlord refuse to rent to me because I have children?
   No. It is illegal under federal and state law for landlords to deny housing to families because of children under 18, except for qualified housing for older persons.
2. What should I do if my landlord treats families with children differently?
   Keep records and file a complaint with HUD or the Georgia Commission on Equal Opportunity.
3. Are there housing communities in Georgia that legally exclude families with children?
   Yes, but only if they meet strict criteria for "housing for older persons," such as 55+ or 62+ communities as defined by the Fair Housing Act.
4. What happens after I file a HUD complaint?
   An investigation will begin, and you may be offered mediation or, if evidence supports your claim, possible legal action against the landlord.
5. Can my landlord retaliate against me for filing a fair housing complaint?
   No. Retaliation is illegal. If this occurs, you have grounds for additional complaints and protections under the law.

Key Takeaways

• Familial status discrimination is illegal in Georgia rental housing
• You can file complaints with HUD or the Georgia Commission on Equal Opportunity
• Keep detailed records and use official forms to protect your rights

Need Help? Resources for Renters

• Georgia Commission on Equal Opportunity (GCEO) – Housing Discrimination Services
• HUD Fair Housing and Equal Opportunity Office
• Georgia Legal Aid – Renters Support
• U.S. Department of Justice Civil Rights Division – Fair Housing Overview

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1. See Fair Housing Act, U.S. Department of Justice.
2. See Georgia Statutes – Housing.
3. See Georgia Commission on Equal Opportunity.
4. See Georgia Landlord Tenant Law (2023-2024).

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