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(Code 1981, §8-3-202, enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 1992, p. 1840, § 4; Ga. L. 1995, p. 1302, §§ 13, 14, 16; Ga. L. 2014, p. 599, § 1-2/HB 60.)
The 2014 amendment, effective July 1, 2014, in subsection (a), deleted "or" at the end of subparagraph (a)(6)(C), substituted "; or" for a period at the end of subparagraph (a)(7)(D), and added paragraph (a)(8).
- Pursuant to Code Section 28-9-5, in 1990, "renter's" was substituted for "renter" in division (a)(7)(B)(i) and a comma was substituted for a semicolon following "owner" in the introductory language of subparagraph (b)(1)(A).
- Ga. L. 2014, p. 599, § 1/HB 60, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Safe Carry Protection Act.'"
- For article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 47 (2014).
- 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).
Trial court erred in concluding as a matter of law that the adoption of leasing restriction amendments to a condominium association's bylaws did not constitute racially discriminatory housing practices in violation of the Georgia Fair Housing Act, O.C.G.A. § 8-3-200 et seq., because there was a genuine factual question as to whether the nondiscriminatory reason for adopting the amendments was pretextual; comments made by the president of the association's board of directors and a resident, combined with the timing of the amendments' adoption, established a prima facie case, the association and members of its board of directors articulated legitimate, nondiscriminatory reasons for the adoption of amendments, and a condominium owner provided evidence that the reasons were mere pretext. Bailey v. Stonecrest Condo. Ass'n, 304 Ga. App. 484, 696 S.E.2d 462 (2010).
Condominium owner failed to show direct evidence of discriminatory intent behind the adoption of amendments to the condominium association's bylaws prohibiting leasing because comments made by the president of the association's board of directors and another resident did not amount to direct evidence that the amendments were passed with a discriminatory intent; the comments did not relate directly to the motives of the decision-maker, namely the two-thirds of the voting members of the association, in adopting the amendments, which motives based on the text of the amendments were facially race-neutral. Bailey v. Stonecrest Condo. Ass'n, 304 Ga. App. 484, 696 S.E.2d 462 (2010).
- Trial court properly granted summary judgment to a former landlord in an action by a tenant, alleging that the landlord's late husband repeatedly made sexual advances towards the tenant, in violation of O.C.G.A. § 8-3-202(a)(2) of the Georgia Fair Housing Act, and that the husband violated O.C.G.A. § 8-3-222 by these actions, as under principles of principal/agent liability, there was no evidence that the landlord authorized the husband to commit the sexual harassment, the landlord did not ratify the conduct, and it was outside the scope of the husband's employment as the property manager for the rental home. Stewart v. Storch, 274 Ga. App. 242, 617 S.E.2d 218 (2005).
- Refusal to rent residential premises to persons with children as unlawful discrimination, 30 A.L.R.4th 1187.
What constitutes illegal discrimination under state statutory prohibition against discrimination in housing accommodations on account of marital status, 33 A.L.R.4th 964.
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.
What constitutes reverse or majority race or national origin discrimination violative of federal constitution or statutes - nonemployment cases, 152 A.L.R. Fed. 1
Assistance animals qualifying as reasonable accommodation under Fair Housing Act, 42 U.S.C.A. § 3604(f), 66 A.L.R. Fed. 2d 209.
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