Anti-Discrimination Center

Sec. 94-91. - Definitions. back to top

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Discriminatory housing practice means an act that is unlawful under sections 94-94 through 94-97.

Dwelling means any building, structure or portion thereof which is occupied as or designed or intended for occupancy as a residence by one or more families and any vacant land which is offered for sale or lease for the conservation or location therein of any such building, structure or portion thereof.

To rent means to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

(Code 1977, § 8-7001; Ord. No. 2000-79, § 1, 12-12-00)

Cross reference-Definitions generally, § 1-2.

Sec. 94-92. - Policy. back to top

The council declares that it is the policy of the city, in the exercise of its police powers for the protection of the public health, safety, and general welfare, and for the maintenance of peace and good government, to provide, within constitutional limitations, for fair housing throughout the city, free from restrictions and prejudice based upon race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, and disability. The human relations commission established in article II of this chapter is vested with authority to investigate allegations of discrimination in housing and to make recommendations to the mayor and city's housing agencies and to secure a response within 30 days pursuant to the provisions of this article in furtherance of this policy and in accordance with the procedures set forth in article VI of this chapter.

(Code 1977, § 8-7001; Ord. No. 2000-79, § 1, 12-12-00; Ord. No. 2002-70, § 6, 9-24-02)

Sec. 94-93. - Reserved. back to top

Editor's note-

Ord. No. 2000-79, § 1, approved Dec. 12, 2000, repealed § 94-93 in its entirety. Formerly, said section pertained to the administration of fair housing regulations. See the Code Comparative Table.

Sec. 94-94. - Unlawful practices in selling or renting dwellings. back to top

(a) Except as exempted by subsection (b) or (d) of this section or section 94-97, it shall be unlawful:

(1) To refuse to sell or rent, after the making of a bona fide offer, or refuse to negotiate for the sale or rental of or otherwise make unavailable or deny a dwelling to any person because of the person's, or a perception of the person's, race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, disability, or the use of a trained dog guide by a blind, deaf or otherwise physically disabled person.

(2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of the person's, or a perception of the person's, race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, disability, or the use of a trained dog guide by a blind, deaf or otherwise physically disabled person.

(3) To make, print, or publish or cause to be made, printed or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or differential treatment, or an intention to make any such preference, limitation or differential treatment based on a person's, or the perception of a person's, race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, disability, or the use of a trained dog guide by a blind, deaf or otherwise physically disabled person.

(4) To represent to any person because of the person's, or a perception of the person's race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, disability, or the use of a trained dog guide by a blind, deaf or otherwise physically disabled person, that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available;

(5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, disability, or the use of a trained dog guide by a blind, deaf or otherwise physically disabled person.

(6) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:

a. That buyer or renter;

b. A person residing in or intending to reside in that dwelling after it is sold, rented or made available; or

c. Any person associated with that buyer or renter; or

(7) a. To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of:

1. That person;

2. A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

3. Any person associated with that person.

b. For purposes of this subsection, discrimination includes:

1. A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;

2. A refusal to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or

3. In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that:

i. The public use and common use portions of such dwellings are readily accessible to and usable by disabled persons;

ii. All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs; and

iii. All premises within such dwellings contain the following features of adaptive design:

A. An accessible route into and through the dwelling;

B. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations;

C. Reinforcements in bathroom walls to allow later installation of grab bars; and

D. Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

c. Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usableness for physically disabled people, commonly cited as ANSI A117.1, suffices to satisfy the requirements of subsection (a)(7)b.3.iii. of this section.

d. In regard to disabled persons, discrimination includes, in connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct dwellings in such a manner that the dwellings have at least one building entrance on an accessible route, unless it is impracticable to do so because of the terrain or unusual characteristics of the site.

(b)

(1) Nothing in this section, other than section (a)(3) of this section, shall apply to:

a. Any single-family dwelling sold or rented by an owner, if:

1. Such private individual owner does not own more than three such single-family dwellings at any one time; and

2. Such bona fide private individual owner does not own any interest in, nor is there owned or reserved on such owner's behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family dwellings at any one time; and

3. Such dwelling is sold or rented:

i. Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesperson or of such facilities or services of any person in the business of selling or renting dwellings or of any employee or agent of any such broker, agent, salesperson or person; and

ii. Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of subsection (c) of this section; but nothing in this subsection shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title; or

b. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as the owner's residence.

(2) For the sale of any such single-family dwelling by a private individual owner not residing in such dwelling at the time of such sale or who was not the most recent resident of such dwelling prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any 24-month period.

(c) For the purposes of subsection (b) of this section, a person shall be deemed to be in the business of selling or renting dwellings if the person:

(1) Has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;

(2) Has, within the preceding 12 months, participated as agent, other than in the sale of such person's own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or

(3) Is the owner of any dwelling designed or intended for occupancy by, or occupied by five or more families.

(d) Nothing contained in this section shall require that a dwelling be made available for rental or lease to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

(Code 1977, § 8-7003; Ord. No. 2000-79, § 1, 12-12-00)

State law reference-Similar provisions, O.C.G.A. § 8-3-202.

Sec. 94-95. - Unlawful denial of or discrimination in membership or participation in service or organization relating to selling or renting dwellings. back to top

It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings or to discriminate against such person in the terms or conditions of such access, membership, or participation on account of the person's, or a perception of the person's, race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, disability, or the use of a trained dog guide by a blind, deaf or otherwise physically disabled person.

(Code 1977, § 8-7005; Ord. No. 2000-79, § 1, 12-12-00)

State law reference-Similar provisions, O.C.G.A. § 8-3-203.

Sec. 94-96. - Discrimination in residential real estate related transactions; appraisals. back to top

(a) As used in this section, the term residential real estate related transaction means any of the following:

(1) The making or purchasing of loans or providing other financial assistance:

a. For purchasing, constructing, improving, repairing, or maintaining a dwelling; or

b. Secured by residential real estate; or

(2) The selling, brokering, or appraising of residential real property.

(b) It shall be unlawful for any person or other entity whose business includes engaging in residential real estate related transactions to discriminate against any person in making available such a transaction or in the terms or conditions of such a transaction because of a person's, or the perception of a person's race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, disability, or the use of a trained dog guide by a blind, deaf or otherwise physically disabled person.

(c) Nothing in this article shall be construed to prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, disability, or the use of a trained dog guide by a blind, deaf or otherwise physically disabled person.

(Code 1977, § 8-7004; Ord. No. 2000-79, § 1, 12-12-00)

State law reference-Similar provisions, O.C.G.A. § 8-3-204.

Sec. 94-97. - Permissible limitations in sale, rental or occupancy of dwellings by religious organizations or private clubs; housing for older persons. back to top

(a) Nothing in this article shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons unless membership in such religion is restricted on account of race, color, creed, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, disability, or the use of a trained dog guide by a blind, deaf or otherwise physically disabled person. Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

(b)

(1) As used in this subsection, the term housing for older persons means housing:

a. Provided under any state or federal program that the commissioner determines is specifically designed and operated to assist elderly persons as defined in the state or federal program;

b. Intended for, and solely occupied by, persons 62 years of age or older; or

c. Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the commissioner shall develop regulations which require at least the following:

1. The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or, if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons;

2. That at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and

3. The publication of and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.

(2) Nothing in this article limits the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. The provisions in this article regarding familial status shall not apply with respect to housing for older persons.

(3) Housing shall not fail to meet the requirements for housing for older persons because of:

a. Persons residing in such housing as of March 12, 1989, who do not meet the age requirements of subsection (b)(1)a. or (b)(1)b. of this section; provided, however, that new occupants of such housing meet the age requirements of subsection (b)(1)a. or (b)(1)b. of this section; or

b. Unoccupied units; provided, however, that such units are reserved for occupancy by persons who meet the age requirements of subsection (b)(1)a. or (b)(1)b. of this section.

(4) Nothing in this article prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance.

(c) Nothing in this article prohibits age limits up to 21 years of age.

(Code 1977, § 8-7006; Ord. No. 2000-79, § 1, 12-12-00)

State law reference-Similar provisions, O.C.G.A. § 8-3-205.

Sec. 94-98. - Educational, conciliatory activities. back to top

The human relations commission shall commence such educational and conciliatory activities as in the commission's judgment will further the purposes of this article. The human relations commission shall call conferences of persons in the housing industry and other interested parties to acquaint them with this article and the human relations commission's suggested means of implementing this article, and shall endeavor with their advice to work out programs of voluntary compliance and of enforcement. The human relations commission shall consult with state and local officials and other interested parties to learn the extent, if any, to which housing discrimination exists in this city and whether and how enforcement programs might be utilized to combat such discrimination. In connection therewith, the human relations commission shall issue reports on such conferences and consultations as the human relations commission deems appropriate.

(Code 1977, § 8-7008; Ord. No. 2000-79, § 1, 12-12-00; Ord. No. 2002-70, § 7, 9-24-02)

Secs. 94-99-94-103. - Reserved. back to top

Editor's note-

Ord. No. 2000-79, § 1, approved Dec. 12, 2000, repealed §§ 94-99-94-103 in their entirety. Formerly, said sections pertained to filing of complaints; investigations; civil actions by aggrieved persons; civil actions and cooperation with other agencies, respectively, as related to fair housing regulations. See the Code Comparative Table.

Sec. 94-104. - Coercion prohibited. back to top

It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of or on account of such person's having exercised or enjoyed or on account of such person's having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by sections 94-94 through 94-97.

(Code 1977, § 8-7015; Ord. No. 2000-79, § 1, 12-12-00)

Sec. 94-105. - Reserved. back to top

Editor's note-

Ord. No. 2000-79, § 1, approved Dec. 12, 2000, repealed § 94-105 in its entirety. Formerly, said section pertained to public hearing authorized as related to fair housing regulations. See the Code Comparative Table.

Secs. 94-106-94-109. - Reserved. back to top