Is Source of Income Discrimination Illegal for Renters in Georgia?

Many renters in Georgia worry about being turned away simply because their income comes from government assistance, disability benefits, or other sources besides traditional employment. Understanding whether landlords can legally reject rental applications based on your source of income is important for anyone searching for housing in Georgia.

Understanding Source of Income Discrimination

Source of income discrimination occurs when a landlord refuses to rent, renew, or treat a tenant unfairly just because of where their money for rent comes from. This may include payment from:

• Section 8 Housing Choice Vouchers
• Social Security or disability benefits
• Child support or alimony
• Veteran benefits or public assistance

Many renters rely on these sources to pay rent and live comfortably. Some states protect renters from this type of discrimination, but laws can differ widely.

Georgia Law: Is Source of Income Discrimination Banned?

As of 2024, Georgia does not have a statewide law that bans source of income discrimination. This means that, in most parts of Georgia, landlords can choose not to rent to you based on your income source, including housing vouchers or assistance. However, some Georgia cities or counties may have their own rules that go beyond state law, so it's always a good idea to check your local ordinances.

The Georgia Landlord-Tenant Act covers rental rights in the state but currently does not include protections for renters against source of income discrimination.^[1]

What Does the Federal Fair Housing Act Cover?

The Fair Housing Act protects against discrimination based on:

• Race or color
• Religion
• National origin
• Sex (including gender identity and sexual orientation)
• Disability
• Familial status (having children under 18)

It does not currently protect renters based on their source of income at the federal level.

What Should Georgia Renters Watch For?

If you're using government assistance, a voucher, or a non-wage payment source, here are a few tips:

• Ask landlords upfront whether they accept your source of income.
• Review any written rental policies or advertisements for restrictions.
• Keep documentation of any communications, should you later believe you were discriminated against for another (protected) reason.
• If a city or county you live in has special rules, check your local government or housing authority website.

How to Respond if You Face Other Forms of Housing Discrimination

While Georgia does not ban source of income discrimination statewide, if you believe you’ve been denied housing for a federally protected reason (like race, disability, or family status), here's how you can file a complaint:

• Contact the U.S. Department of Housing and Urban Development (HUD).
• You may use HUD’s official form: Housing Discrimination Complaint Form (HUD-903.1).

When to Use: If you believe a landlord or property manager denied you housing or treated you unfairly based on race, color, religion, sex, national origin, disability, or familial status.

How to Use: Complete the HUD-903.1 Form online or download and mail it as instructed on the HUD complaint portal. After filing, HUD or a local agency will review your complaint and contact you about next steps.

Which Tribunal Handles Tenant Disputes in Georgia?

For landlord-tenant disputes (including lease violations or eviction), Georgia cases generally go through your local county Magistrate Court, which is the official tribunal for residential tenancies in the state.^[2]

FAQ: Georgia Source of Income Discrimination

1. Is it illegal for a landlord to reject my application because I have Section 8 in Georgia?
   No, unless your city or county has a special law, Georgia does not ban discrimination based on source of income. Landlords can choose not to accept vouchers.
2. Are there any Georgia cities with protections for renters using vouchers?
   As of 2024, there are no widely enacted local laws in Georgia specifically banning source of income discrimination, but it is best to check with your local housing authority for updates.
3. What can I do if I feel I was denied for another reason, like race or disability?
   You can file a complaint through HUD using the HUD-903.1 Housing Discrimination Complaint Form.
4. Can I take my landlord to court for source of income discrimination?
   Unless local law says otherwise, the Georgia courts do not currently recognize source of income discrimination claims. Other lease or eviction issues go through Magistrate Court.
5. Which law protects tenant rights in Georgia?
   Georgia’s main legislation is the Georgia Landlord-Tenant Act (O.C.G.A. § 44-7).

Key Takeaways for Georgia Renters

• Georgia does not have a statewide ban on source of income discrimination.
• Federal law does not protect renters based on income source, but does for race, religion, sex, nationality, disability, or family status.
• For disputes about discrimination based on protected classes, contact HUD or Georgia Magistrate Court.

Need Help? Resources for Renters

• Georgia Landlord-Tenant Act and Handbook
• HUD Georgia Rental Resources
• Georgia Magistrate Court locator
• Georgia Legal Aid – Housing Issues

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1. Georgia Landlord-Tenant Act (O.C.G.A. § 44-7). Available at: Georgia Department of Community Affairs.
2. Find your local court: Georgia Courts Court Locator.

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