Compilation of Rules and Regulations of the State of Georgia › Department 186 - COMMISSION ON EQUAL OPPORTUNITY › Chapter 186-2 - GEORGIA FAIR HOUSING LAW › Rule 186-2-.06 - Fair Housing Advertising

Current through Rules and Regulations filed through June 27, 2024
(1)
Policy.
It is the policy of the State of Georgia to provide, within constitutional limitations, for fair housing throughout the United States. The provisions of the Georgia Fair Housing Law, as amended (O.C.G.A. 8-3-200
et seq.
) make it unlawful to discriminate in the sale, rental, and financing of housing, and in the provision of brokerage and appraisal services, because of race, color, religion, sex, handicap, familial status, or national origin. O.C.G.A. Section 8-3-202(a)(3)  of the Georgia Fair Housing Law, as amended, makes it unlawful 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 discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination. However, the prohibitions of the act regarding familial status do not apply with respect to "housing for older persons", as defined in O.C.G.A. Section 8-3-205 of the Act.
(2)
Purpose.
The purpose of this part is to assist all advertising media, advertising agencies and all other persons who use advertising to make, print, or publish, or cause to be made, printed, or published, advertisements with respect to the sale, rental, or financing of dwellings which are in compliance with the requirements of the Fair Housing Act. These regulations also describe the matters this Department will review in evaluating compliance with the Fair Housing Act in connection with investigations of complaints alleging discriminatory housing practices involving advertising.
(3)
Definitions.
As used in this part:
(a)
"Assistant Secretary"
means the Assistant Secretary for Fair Housing and Equal Opportunity.
(b)
"General Counsel"
means the General Counsel of the Department of Housing and Urban Development.
(c)
"Dwelling"
means any building, structure, or portion there of 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 construction or location there on of any such building, structure, or portion thereof.
(d)
"Family"
includes a single individual.
(e)
"Person"
includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers, and fiduciaries.
(f)
"To rent"
includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
(g)
"Discriminatory housing practice"
means an act that is unlawful under Sections 804, 805, 806, or 818 of the Fair Housing Act.
(h)
"Handicap"
means, with respect to a person:
1. A physical or mental impairment which substantially limits one or more of such person's major life activities;
2. A record of having such an impairment; or
3. Being regarded as having such an impairment. This term does not include current, illegal use of or addiction to a controlled substance (as defined in section 102 of the controlled Substances Act (21 U.S.C. 802). For purposes of this part, an individual shall not be considered to have a handicap solely because that individual is a transvestite.
(i)
"Familial status"
means one or more individuals (who have not attained the age of 18 years) being domiciled with:
1. A parent or another person having legal custody of such individual or individuals; or
2. The designee of such parent or other person having such custody, with the written permission of such parent or other person. The protection afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.