Sorry, this whole "it's my property so I can do whatever I want with it" doesn't hold up when you're using it as a public accommodation.
In Georgia, the "I can rent to whoever I want" basically applies if you own and occupy a unit in your own quad, or you own no more than 3 single family properties. Hence the difference between a "business" for profit and an individual who rents a few personal properties I assume.
Per the Landlord Tenant Handbook for Georgia with respect to Fair Housing Laws....
Discrimination can take many forms. It can be as direct as a refusal to rent because the applicant is a person of color, disabled, of a certain religion, from another country or because the person has children. Discrimination can also be indirect. For example, the apartment complex rule may not appear to be discriminatory on its face but it may be applied in such a way that a protected group suffers more harshly from the rule. If the owner does not have a legitimate business reason for the rule, it may be found discriminatory.
Clear examples of discriminatory conduct include:
* refusing to rent to a person because of their race, color, religion, sex, national origin, familial status or disability;
* landlords or rental agents who, while not directly refusing to rent, engage in conduct which discourages or makes unavailable housing;
* landlords who impose different terms and conditions on those who are members of a protected group;
* landlords or property managers who steer tenants of a protected class to particular buildings or units;
* advertisements which excludes from the rental opportunity members of a protected group;
* stating that a unit is not available for rental when it is available.
The fair housing laws cover activities related to the sale, rental, or advertising of dwellings, the provision of brokerage services, or the availability of residential real estate-related transactions. Owners of rental property are exempt from the fair housing laws provided that the following conditions are met:
* Any advertising which the owner does for the rental property must not be discriminatory;
* The owner does not own or have any interest in more than three single-family houses at any one time;
* The owner does not use a real estate broker, agent, or salesperson in renting the dwelling; or
* The owner occupies one of the units in a building intended to be occupied by not more than four families.
In general, a landlord, who owns more than three rental units, uses a real estate broker or agent to rent the units, or advertises the units, must follow the fair housing laws.
Bottom line is there's nothing in the Georgia law that prohibits landlords from excluding potential applicants because of an applicant's criminal background history.
Edited by terryowens__, 29 December 2009 - 03:56 AM.