Title 8, Chapter 3, Section 202
( 8-3-202)
(a) Except as exempted by subsection (b) or (d) of this Code section or Code Section 8-3-205, it shall be unlawful: (1) To refuse to sell or rent after the making of a bona fide
offer, or to refuse to negotiate for the sale or rental of, or
otherwise make unavailable or deny, a dwelling to any person
because of race, color, religion, sex, disability, familial
status, or national origin; (2) To discriminate against any person in the terms, conditions,
or privileges of sale or rental of a dwelling, or in the provision
of services or facilities in connection therewith, because of
race, color, religion, sex, disability, familial status, or
national origin; (3) 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 based on race, color, religion, sex,
disability, familial status, or national origin, or an intention
to make any such preference, limitation, or discrimination; (4) To represent to any person because of race, color, religion,
sex, disability, familial status, or national origin that any
dwelling is not available for inspection, sale, or rental when
such dwelling is in fact so available; (5) For profit, to induce or attempt to induce any person to sell
or rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of
a particular race, color, religion, sex, familial status, or
national origin or with a disability; (6) To discriminate in the sale or rental, or to otherwise make
unavailable or deny, a dwelling to any buyer or renter because of
a disability of: (A) That buyer or renter; (B) A person residing in or intending to reside in that dwelling
after it is sold, rented, or made available; or (C) Any person associated with that buyer or renter; or (7)(A) To discriminate against any person in the terms,
conditions, or privileges of sale or rental of a dwelling, or in
the provision of services or facilities in connection with such
dwelling, because of a disability of: (i) That person; (ii) A person residing in or intending to reside in that
dwelling after it is sold, rented, or made available; or (iii) Any person associated with that person. (B) For purposes of this paragraph, discrimination includes:
(i) A refusal to permit, at the expense of the person with
disabilities, reasonable modifications of existing premises
occupied or to be occupied by such person if such
modifications may be necessary to afford such person full
enjoyment of the premises, except that, in the case of a
rental, the landlord may where it is reasonable to do so
condition permission for a modification on the renter's
agreeing to restore the interior of the premises to the
condition that existed before the modification, reasonable
wear and tear excepted; (ii) A refusal to make reasonable accommodations in rules,
policies, practices, or services when such accommodations may
be necessary to afford such person equal opportunity to use
and enjoy a dwelling; or (iii) In connection with the design and construction of
covered multifamily dwellings for first occupancy after March
13, 1991, a failure to design and construct those dwellings in
such a manner that: (I) The public use and common use portions of such dwellings
are readily accessible to and usable by persons with
disabilities; (II) All the doors designed to allow passage into and within
all premises within such dwellings are sufficiently wide to
allow passage by persons with disabilities in wheelchairs;
and (III) All premises within such dwellings contain the
following features of adaptive design: (a) an accessible
route into and through the dwelling; (b) light switches,
electrical outlets, thermostats, and other environmental
controls in accessible locations; (c) reinforcements in
bathroom walls to allow later installation of grab bars; and
(d) usable kitchens and bathrooms such that an individual in
a wheelchair can maneuver about the space. (C) Compliance with the appropriate requirements of the American
National Standard for buildings and facilities providing
accessibility and usableness for physically disabled people
(commonly cited as "ANSI A117.1") suffices to satisfy the
requirements of subdivision (B)(iii)(III) of this paragraph. (D) In regard to persons with disabilities, discrimination
includes, in connection with the design and construction of
covered multifamily dwellings for first occupancy after March
13, 1991, a failure to design and construct dwellings in such a
manner that the dwellings have at least one building entrance on
an accessible route, unless it is impracticable to do so because
of the terrain or unusual characteristics of the site. (b)(1) Nothing in this Code section, other than paragraph (3) of
subsection (a) of this Code section, shall apply to: (A) Any single-family dwelling sold or rented by an owner, if: (i) Such private individual owner does not own more than three
such single-family dwellings at any one time;
(ii) Such bona fide private individual owner does not own any
interest in, nor is there owned or reserved on his behalf,
under any express or voluntary agreement, title to or any
right to all or a portion of the proceeds from the sale or
rental of more than three such single-family dwellings at any
one time; (iii) Such dwelling is sold or rented: (I) Without the use in any manner of the sales or rental
facilities or the sales or rental services of any real
estate broker, agent, or salesman, or of such facilities or
services of any person in the business of selling or renting
dwellings, or of any employee or agent of any such broker,
agent, salesman, or person; and (II) Without the publication, posting, or mailing, after
notice, of any advertisement or written notice in violation
of subsection (c) of this Code section; but nothing in this
paragraph shall prohibit the use of attorneys, escrow
agents, abstractors, title companies, and other such
professional assistance as necessary to perfect or transfer
the title; or (B) Rooms or units in dwellings containing living quarters
occupied or intended to be occupied by no more than four
families living independently of each other, if the owner
actually maintains and occupies one of such living quarters as
his residence. (2) In the case of the sale of any such single-family dwelling by
a private individual owner not residing in such dwelling at the
time of such sale or who was not the most recent resident of such
dwelling prior to such sale, the exemption granted by this
subsection shall apply only with respect to one such sale within
any 24 month period. (c) For the purposes of subsection (b) of this Code section, a
person shall be deemed to be in the business of selling or renting
dwellings if: (1) He has, within the preceding 12 months, participated as
principal in three or more transactions involving the sale or
rental of any dwelling or any interest therein; (2) He has, within the preceding 12 months, participated as agent,
other than in the sale of his own personal residence, in providing
sales or rental facilities or sales or rental services in two or
more transactions involving the sale or rental of any dwelling or
any interest therein; or (3) He is the owner of any dwelling designed or intended for
occupancy by, or occupied by, five or more families. (d) Nothing contained in this Code section shall require that a
dwelling be made available for rental or lease to an individual
whose tenancy would constitute a direct threat to the health or
safety of other individuals or whose tenancy would result in
substantial physical damage to the property of others. |