Landlords and Criminal Background Checks: Georgia Renter Rights

Understanding what a landlord can and cannot ask about your criminal history is an important part of renting in Georgia. Knowing your renter rights helps you avoid discrimination and ensures a fair housing process under state and federal law. This guide explains the Georgia rules around landlord screening, criminal history questions, and steps to take if you believe your rights have been violated.

Are Landlords Allowed to Ask About Criminal History in Georgia?

In Georgia, there is no state law specifically prohibiting landlords from asking applicants about their criminal history. This means that most landlords are permitted to ask about arrests, convictions, or pending charges when you apply for a rental home. However, there are important limits set by federal law and fair housing rules.

Federal Fair Housing Protections

The federal Fair Housing Act prohibits landlords from discriminating based on race, color, national origin, religion, sex, disability, or familial status. The U.S. Department of Housing and Urban Development (HUD) has issued guidance that blanket bans against renters with any criminal record may violate this law, especially if the policy disproportionately impacts a protected group. Instead, landlords should:

• Evaluate each applicant individually
• Consider the type of offense, how recent it was, and any evidence of rehabilitation
• Avoid blanket policies refusing anyone with a criminal history

See the official HUD guidance on criminal history screening for rental housing for more details.^[1]

Rules and Exceptions in Georgia

Georgia does not have statewide 'ban the box' laws for private landlords, meaning they can generally ask about and consider criminal records. However, federally funded or public housing must follow additional rules, and denial can only occur for certain criminal offenses. There are some exceptions, including convictions for manufacturing methamphetamine in federally assisted housing and lifetime registration as a sex offender, which can lead to mandatory denial of housing under federal rules.^[2]

What To Do If You Face Discrimination

If you believe a landlord used your criminal history to unfairly deny your application based on a protected class (such as race or disability), you have the right to file a complaint. This process typically goes through HUD or the Georgia Commission on Equal Opportunity.

Official Form: HUD Discrimination Complaint Form (Form 903)

• Name/Number: Housing Discrimination Complaint Form (HUD Form 903)
• When/How Used: Submit this form if you believe you were discriminated against in housing because of criminal history in violation of the Fair Housing Act. For example, if a landlord rejects you due to your record and you feel it's discriminatory, you can file HUD Form 903 online or mail it in.
• Official Link: HUD Fair Housing Complaint Online Portal

The Georgia State Tribunal for Housing Disputes

Rental disputes, including fair housing complaints, are handled by the Georgia Commission on Equal Opportunity (GCEO) Fair Housing Division. They investigate housing discrimination cases across the state.

Relevant Georgia Law

Georgia rental relationships are governed primarily by the Georgia Landlord-Tenant Handbook and the relevant parts of the Georgia Code (Title 44, Chapter 7). While criminal screening isn’t directly addressed, general civil rights protections apply.

FAQ: Criminal Background Checks and Renting in Georgia

1. Can a landlord in Georgia deny me for any criminal conviction? Landlords can consider most types of convictions, but blanket bans may violate fair housing laws if they impact protected groups. Individual review is recommended.^[1]
2. Are there any offenses that always disqualify me? Federal law requires denial in limited situations, such as if you are on the lifetime sex offender registry or have been convicted of drug manufacturing in federally assisted housing.^[2]
3. How can I dispute a denial based on criminal history? You may file a complaint with HUD or the Georgia Commission on Equal Opportunity using the Housing Discrimination Complaint Form (Form 903).
4. Does Georgia have state-level 'ban the box' laws for rentals? No, there is currently no state law that limits when or how landlords can ask about criminal history for rental applicants in Georgia.
5. What documentation should I gather if I want to challenge a rejection? Collect your rental application, any denial letter, your criminal record, and communications from the landlord to support your complaint.

Key Takeaways for Renters

• Georgia landlords may ask about your criminal history unless local rules or federal funding apply.
• Blanket denials due to a criminal record are discouraged under federal fair housing law.
• If you suspect discrimination, you can file with HUD or GCEO for investigation.

Need Help? Resources for Renters

• Georgia Commission on Equal Opportunity Fair Housing Division – Investigates housing discrimination statewide
• HUD Fair Housing Complaint Process – File or track a federal fair housing complaint
• Georgia Legal Aid – Free legal assistance and guides for tenants
• Georgia Landlord-Tenant Handbook – Full text and FAQs on state rental laws

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1. HUD Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records
2. Federal Rules on Termination of Assistance for Criminal Activity (24 CFR § 982.553)

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