O.C.G.A.
O.C.G.A.

O.C.G.A. § 8-3-200 (2019)

State policy; purposes and construction of article

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) It is the policy of the State of Georgia to provide, within constitutional limitations, for fair housing throughout this state. (b) The general purposes of this article are: (1) To provide for execution in the state of policies embodied in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988; (2) To safeguard all individuals from discrimination in any aspect relating to the sale, rental, or financing of dwellings or in the provision of brokerage services or facilities in connection with the sale or rental of a dwelling because of that individual’s race, color, religion, sex, disability or handicap, familial status, or national origin; (3) To promote the elimination of discrimination in any aspect relating to the sale, rental, or financing of dwellings or in the provision of brokerage services or facilities in connection with the sale or rental of a dwelling because of a person’s race, color, religion, sex, disability or handicap, familial status, or national origin; and (4) To promote the protection of each individual’s interest in personal dignity and freedom from humiliation and the individual’s freedom to take up residence wherever such individual chooses; to secure the state against domestic strife and unrest which would menace its democratic institutions; to preserve the public safety, health, and general welfare; and to further the interests, rights, and privileges of individuals within this state. (c) This article shall be broadly construed to further the general purposes stated in this Code section and the special purposes of the particular provision involved.

History

Code 1981, § 8-3-200, enacted by Ga. L.

1990, p. 1284, § 1; Ga. L. 1992, p. 1840, § 1; Ga. L. 2020, p. 493, § 8/SB 429.

Annotations

JUDICIAL DECISIONS Proof of violation. - Although there was evidence that a homeowner who listed the homeowner’s house with a real estate agency committed discrimination when the homeowner refused to show the house to African-American homebuyers, the evidence did not support the homebuyers’ claims that the agency and a broker who worked for the agency participated in that discrimination, and

the appellate court reversed the trial court’s judgment denying summary judgment in favor of the agency, the broker, and a real estate company that sold a franchise to the agency on the homebuyers’ claims alleging violation of Georgia’s Fair Housing Act, O.C.G.A. § 8-3-200 et seq., and intentional infliction of emotional distress. Coldwell Banker Real Estate Corp. v.

DeGraft-Hanson, 266 Ga. App. 23, 596 S.E.2d 408, 2004 Ga. App. LEXIS 289 (2004). Disparate impact claim. - Since the defendants allegedly violated the Georgia Fair Housing Act, O.C.G.A. § 8-3-200 et seq., by discriminating against the plaintiff in renegotiating the terms of the plaintiff’s residential mortgage, the evidence could be presented to establish a claim of disparate impact because the plaintiff alleged that the plaintiff was disabled, that the plaintiff’s disability

prevented the plaintiff from capably negotiating a modification of the plaintiff’s residential loan, and that the defendants’ policy of refusing to negotiate with any third parties prevented the plaintiff from using legal counsel to accommodate for the plaintiff’s disability, thereby harming the plaintiff in the plaintiff’s efforts to modify the plaintiff’s loan. Renasant Corporation v. Korst, 361 Ga. App. 794, 865 S.E.2d 606, 2021 Ga. App. LEXIS 547 (2021).

RESEARCH REFERENCES ALR. Validity, construction, and application of § 804(c) of Civil Rights Act of 1968 (Fair Housing Act) (42 USCS § 3604(c)) prohibiting discriminatory notice, statement, or advertisement with respect to sale or rental of dwelling, 142 A.L.R. Fed 1. Actions under Fair Housing Act (42 USCS § 3601 et seq.), based on sexual harassment or creation of hostile environment, 144 A.L.R. Fed. 595. Construction and application of § 804(f)

of Fair Housing Act (42 USCA § 3604(f)), prohibiting discrimination in housing because of individual’s disability, 148 A.L.R. Fed. 1. What constitutes reverse or majority race or national origin discrimination violative of federal constitution or statutes - nonemployment cases, 152 A.L.R. Fed. 1. Award of attorney’s fees to prevailing parties in actions under Fair Housing Act, 42 USCA § 3613(c)(2), 159 A.L.R. Fed. 279.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2004–2021 · leading case: Lowman v. Platinum Prop. Mgmt. Servs., Inc., 166 F. Supp. 3d 1356 (N.D. Ga. 2016).
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Lowman v. Platinum Prop. Mgmt. Servs., Inc., 166 F. Supp. 3d 1356 (N.D. Ga. 2016). · cites it 2× “Plaintiff filed his Complaint on June 12, 2015, asserting three claims: (1) for violation of the Federal Fair Housing Act (“Federal FHA”), 42 U.”
Stewart v. Storch, 617 S.E.2d 218 (Ga. Ct. App. 2005). · cites it 2× “Storch”), to recover damages under the Georgia Fair HousingAct, OCGA§ 8-3-200 et seq. On appeal, Stewart argues that the trial court erred in concluding, as a matter of law, that Mrs.”
Horne v. Harbour Portfolio VI, LP, 304 F. Supp. 3d 1332 (N.D. Ga. 2018). · cites it 2× “Count Three-Violation of the Georgia Fair Housing Act, O.C.G.A. § 8-3-200 et seq. All Plaintiffs bring claims under the Georgia Fair Housing Act ("Georgia FHA") against the Harbour Defendants.”
Coldwell Banker Real Est. Corp. v. DeGraft-Hanson, 596 S.E.2d 408 (Ga. Ct. App. 2004). · cites it 2× “9 OCGA § 8-3-200 (b) (2). 10 OCGA § 8-3-202 (a) (1).”
Stewart v. Mcdonald, 779 S.E.2d 695 (Ga. Ct. App. 2015). · cites it 2× “1 OCGA § 8-3-200 et seq. 2 OCGA § 10-6A-5 (a) (4).”
Barker v. Niles Bolton Assocs., Inc., 316 F. App'x 933 (11th Cir. 2009). “§ 3604 (f); the Georgia Fair Housing Act, O.C.G.A. § 8-3-200 et seq.; the *936 Americans with Disabilities Act (“ADA”), 42 U.”
Ellery Steed v. Everhome Mortg. Co., 477 F. App'x 722 (11th Cir. 2012). “, the Georgia Fair Housing Act, O.C.G.A. § 8-3-200 et seq., the Georgia Fair Business Practices Act, O.”
Renasant Corp. v. Dean a. Korst (Ga. Ct. App. 2021). · cites it 8× “The Renasant defendants argue that Korst’s action must be dismissed because the complaint fails to state a claim of discrimination under the Georgia Fair Housing Act, OCGA § 8-3-200 et seq. (the Act). See OCGA § 9-11-12 (b) (6) (permitting dismissal of action for failure to…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.