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Is it illegal to refuse to rent to a registered child sex offender

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#41 kicker

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Posted 28 December 2009 - 11:11 PM

View PostLord Dark Helmet, on 28 December 2009 - 05:02 AM, said:

Yeah, sorry it just does not work that way. He might tell you that's what happened. But no court in America works that way. I was a cop for 10 years. Sounds like your friend had major evidence against him. But he tells a different story to cover his actions.
Exactly.


Thanks for saving me a lengthy reply.

#42 terryowens__

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Posted 29 December 2009 - 03:48 AM

View PostAcworthFalcFan, on 28 December 2009 - 11:08 AM, said:

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.

Not quite.

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....


Quote

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.


#43 AcworthFalcFan

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Posted 29 December 2009 - 08:02 AM

View Postterryowens__, on 29 December 2009 - 03:48 AM, said:

Not quite.

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....

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.

First, thanks for the information, but I never argued that that the OP couldn't deny housing based on criminal background history.  That was always an open question for me and it seems that you answered it.  What I've been debating is racial discrimination and discrimination based on other suspect classifications.  Also, I believe what's being quoted is the federal Fair Housing Act, not a Georgia law, though feel free to correct me if I'm wrong.

Second, the limitations on advertisement and the use of a broker in order to get the small-unit exemption actually reinforces my argument.  The use of a broker or advertising to the public would be signs that the property is being used as a public accommodation, and not using them makes the rental much closer to a private club where specific invitations are given to members (e.g., not the public at large).  The twist here is that the property is used for profit, but again it's much closer to a private club meeting on somebody's property than a public accommodation like a large apartment complex where the landlord doesn't live on the property.  

Finally, it's a pretty narrow exemption that doesn't cover the overwhelming majority of rental properties out there.  For the most part, the "it's my property and I can do whatever I want" idea doesn't hold up to federal laws against discrimination.  And that's the way it should be.

Edited by AcworthFalcFan, 29 December 2009 - 08:03 AM.


#44 eplayerj

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Posted 29 December 2009 - 02:14 PM

Hey Sarge.  I think alot of people have this pretty much tied down.  I know you ask these type of questions. I have to ask you this?  What Sexual predator would tell you that they are a sexual predator?  Also you can refuse to rent to a person based on certain legal criteria.  Take their rental history, credit rating, or their income.  You can rule them out based on those things.  Plus how did they leave their prior residence?  Was it nasty? You can get a rental reference from  a previous landlord.  I just don't think a a sexual predator would tell you upfront, HEY, I AM A SEXUAL PREDATOR.

#45 terryowens__

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Posted 29 December 2009 - 03:26 PM

View PostAcworthFalcFan, on 29 December 2009 - 08:02 AM, said:

For the most part, the "it's my property and I can do whatever I want" idea doesn't hold up to federal laws against discrimination.  And that's the way it should be.

Like I said, unless you own and occupy a quad or own no more than 3 single family homes, don't advertise using discriminatory language, and don't use a broker or agent to rent your properties.  Those are the fair housing exemptions for "it's my property and I can rent to whoever I want", as per the GEORGIA Landlord Tenant laws that incorporate Federal fair housing laws.

Check out the Georgia Department of Community Affairs.  All the info is posted there.

#46 AcworthFalcFan

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Posted 29 December 2009 - 04:15 PM

View Postterryowens__, on 29 December 2009 - 03:26 PM, said:

Like I said, unless you own and occupy a quad or own no more than 3 single family homes, don't advertise using discriminatory language, and don't use a broker or agent to rent your properties.  Those are the fair housing exemptions for "it's my property and I can rent to whoever I want", as per the GEORGIA Landlord Tenant laws that incorporate Federal fair housing laws.

Check out the Georgia Department of Community Affairs.  All the info is posted there.

Yes, I said that you had identified a narrow exemption that applies to a small percentage of overall rental properties.  Beyond the narrow exemption, the point still stands.

#47 Ohmeangelo

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Posted 29 December 2009 - 05:52 PM

Awful lot of discussion over this. Just tell the scumbag someone else is getting it.