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2018 Georgia Code 8-3-204 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 8-3-204 Case Law from Google Scholar Amendments to OCGA 8-3-204

TITLE 8 BUILDINGS AND HOUSING

Section 3. Housing Generally, 8-3-1 through 8-3-332.

ARTICLE 4 FAIR HOUSING

8-3-204. Discrimination in residential real estate related transactions; appraisals.

  1. As used in this Code 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:
      1. For purchasing, constructing, improving, repairing, or maintaining a dwelling; or
      2. Secured by residential real estate; or
    2. The selling, brokering, or appraising of residential real property.
  2. 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 race, color, religion, sex, handicap, familial status, or national origin.
  3. 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, religion, national origin, sex, handicap, or familial status.

(Code 1981, §8-3-204, enacted by Ga. L. 1990, p. 1284, § 1.)

JUDICIAL DECISIONS

Insurance coverage.

- Insurer was not required to defend its insureds in a race discrimination suit filed by potential property buyers who alleged that the insureds violated the Georgia Fair Housing Law, O.C.G.A. § 8-3-200 et seq., by refusing to sell them a lot in a subdivision because they were a bi-racial couple; the bodily injury provision of the commercial general liability policy did not provide coverage because the buyers did not allege that the buyers were physically injured by the insureds' actions, and the policy's personal injury provision, which applied to personal injuries sustained when a right of occupancy was invaded, did not provide coverage because the buyers were not present occupants of the land at issue. Auto-Owners Ins. Co. v. Robinson, F. Supp. 2d (M.D. Ga. Sept. 6, 2006).

Prima facie case.

- Affidavits of three African-Americans, and plaintiff African-American homeowner's own testimony, that defendant mortgage loan servicer treated them unfairly by adding inappropriate fees, refusing requests for information, and improperly foreclosing, but that revealed nothing about the proportion of loans serviced for those of other races did not establish a prima facie case of discrimination based on race under 42 U.S.C. § 3605 and O.C.G.A. § 8-3-204. Steed v. Everhome Mortg. Co., F.3d (11th Cir. July 11, 2012)(Unpublished).

RESEARCH REFERENCES

ALR.

- Assistance animals qualifying as reasonable accommodation under Fair Housing Act, 42 U.S.C.A. § 3604(f), 66 A.L.R. Fed. 2d 209.

No results found for Georgia Code 8-3-204.