Proving Discriminatory Screening by Georgia Landlords

Facing possible discrimination during a rental application can be stressful and confusing. If you believe a landlord in Georgia unfairly rejected you or applied screening standards differently because of race, religion, family status, or another protected characteristic, it's important to know your rights. This guide will help you recognize and prove discriminatory screening practices, reference Georgia law, and show you where to file a complaint.

Understanding Discriminatory Screening in Georgia

Discriminatory screening happens when a landlord treats rental applicants differently based on protected characteristics, such as:

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

The federal Fair Housing Act and the Georgia Fair Housing Act both make it illegal to refuse to rent, set different rental terms, or use different application processes based on these characteristics.^[1]

Common Signs of Discriminatory Screening Practices

Watch for the following signs during your rental application process:

• Being told a unit is unavailable when it is still being advertised
• Being asked different questions or for additional documentation compared to other applicants
• Receiving less favorable terms or higher deposits based on personal traits
• Negative comments about protected classes

How to Gather Evidence

To prove discriminatory screening, thorough documentation is vital. Here’s what renters should collect:

• Save all written communication, such as emails, texts, or letters with the landlord or property manager
• Take detailed notes of phone conversations, including dates, times, and what was said
• Collect copies of your application and any forms you submitted
• If possible, get statements from witnesses (such as a friend who was present at a showing)
• Keep advertisements and screenshots showing the property is still available
• If you suspect "testing" could reveal discrimination (for example, a friend of a different background applies and gets a different response), note the outcomes

Which Agency Handles Discrimination Complaints in Georgia?

In Georgia, fair housing complaints can be submitted to the U.S. Department of Housing and Urban Development (HUD) and to the Georgia Department of Community Affairs (DCA). HUD enforces the federal Fair Housing Act, while DCA provides local support and referrals.

Official Forms: How and When to Use Them

• Housing Discrimination Complaint Form (HUD-903.1)
  When to Use: If you experience discriminatory screening, complete this form to file a fair housing complaint with HUD.
  Practical Example: If you believe your rental denial was due to your national origin, submit HUD-903.1 within one year of the incident.
  Submit an online complaint or download HUD-903.1 here.

The tribunal or agency that handles these complaints is the U.S. Department of Housing and Urban Development - Fair Housing and Equal Opportunity. There is no dedicated statewide housing court or tribunal in Georgia; fair housing complaints are managed federally and through the state's DCA.

Legal Protections for Georgia Renters

The federal Fair Housing Act and Georgia Fair Housing Law protect renters from discrimination.^[2] Georgia's landlord-tenant laws also require landlords to follow equal treatment standards under Georgia landlord-tenant law.^[3]

Step-by-Step: What to Do If You Suspect Discrimination

If you suspect you've faced discriminatory screening while applying for housing in Georgia, take the following steps.

1. Document your interactions and keep all related evidence.
2. Compare your treatment with others, if possible.
3. File an official complaint using the HUD-903.1 form (online or by mail).
4. Contact Georgia's Department of Community Affairs for guidance.
5. Cooperate with investigators if your case is opened.

Action Tip: Complaints to HUD should be filed within one year of the discriminatory act, but it's best to act quickly.

Frequently Asked Questions

1. What qualifies as discriminatory screening by a landlord? Landlords cannot treat applicants differently based on race, color, religion, sex, national origin, familial status, or disability. This includes refusing to rent, applying different screening standards, or offering less favorable terms for any of these reasons.
2. How do I start a complaint about rental discrimination in Georgia? Gather your evidence and file a complaint using the HUD-903.1 form online or by mail. You may also contact the Georgia Department of Community Affairs for additional support.
3. What happens after I file a HUD discrimination complaint? HUD or a partner agency will review your complaint, investigate, and may mediate between you and the landlord. If violations are found, they can order remedies such as allowing you to rent or compensation.
4. Is there a fee to file a fair housing complaint? No, filing a discrimination complaint with HUD or the Georgia Department of Community Affairs is free for renters.
5. Can retaliation occur if I file a complaint? Retaliation by a landlord for filing a fair housing complaint is also illegal under the Fair Housing Act. If you experience it, keep records and include this in your complaint.

Need Help? Resources for Renters

• Georgia Department of Community Affairs – Fair Housing: Guidance and support for renters in Georgia
• U.S. Department of Housing and Urban Development (HUD): File federal fair housing complaints and get information
• Learn More: Federal Fair Housing Act Protections
• Download: Georgia Fair Housing Law Summary (PDF)

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1. Fair Housing Act (federal law)
2. Georgia Fair Housing Law
3. Georgia Landlord-Tenant Laws and Tenant Rights

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