Discrimination/Fair Housing

Questions Asked About Fair Housing (GA L/T Handbook 2017)
Search for the word "fair" using CTRL F or command F (for Macs)

Help Resources In Atlanta
Where to find help if you've been the victim of discrimination.
See also subtopic on "Legal Help".

http://tenant.net/otherareas/uscode/fair-hse.html
Learn what housing is covered, the types of discrimination that is prohibited and where to go for help.

Housing Exempt From The Fair Housing Act (Consumer-SOS)
Some housing can discriminate.  Find out which.

Discrimination In Advertising Related To Housing (Consumer-SOS)

What Is a Disability As Defined By The Fair Housing Act  (Consumer-SOS)

Filing A Lawsuit Under The Fair Housing Act (Consumer-SOS)

Requirements For New Buildings (Built After 1991)

Procedures & Penalties For Violations (Consumer-SOS) 

www.accessut.state.ut.us/advobook.htm
Guide to finding accessible housing for people with disabilities. 

Where To Go For More Help

For More See Prohibited Practices/Illegal Lease Clauses 

Back To Top

Retaliation 

In May of 2019, Georgia enacted a new landlord tenant law to protect tenants from a landlord's retaliation. This law does not protect you if the rent is past due or if the landlord is raising the rent because the lease just expired. But if the landlord is found liable, civil penalties can include a $500 fine, plus one month's rent, plus court costs and attorneys fees, for willful and wanton conduct.

Federal law may also protect you if the decision was based on your race, color creed, national origin, marital or family status or age if over 40. For details see Discrimination/Fair Housing.

If the landlord is punishing you for exercising your legal rights, you may have to sue in court or appeal to the media. For help, call your landlord tenant hotline, or get media support through your local TV, newspaper or radio station.

Index of Georgia Relaliation Law (OCGA 44-7-24)

Protected Tenant Activities From Retaliation (Ga. Code § 44-7-24(b))

Examples of Unlawful Retaliation (Ga. Code § 44-7-24(c))

Penalties for Unlawful Retaliation (Ga. Code § 44-7-24(e))

Exceptions Where Tenants Are Unprotected (Ga. Code § 44-7-24(d))

Back To Top

Law Against GA Landlord Retaliation and Landlord Liability

Ga. Code § 44-7-24- Prima facie case of retaliation; liability of landlord

(a) A residential tenant establishes a prima-facie case of retaliation by demonstrating that he or she took an action under subsection (b) of this Code section relating to a life, health, safety,
or habitability concern and by demonstrating that his or her landlord took an action under subsection (c) of this Code section.

GA Tenant Activities Protected From Retaliation (Ga. Code § 44-7-24(b))


(b) Elements of a prima-facie case under this Code section include that a tenant:
    (1) In good faith exercised or attempted to exercise against a landlord a right or remedy granted to such tenant by contract or law;
 
    (2) Gave a landlord a notice to repair or exercise a remedy under this chapter;
   
    (3) Complained to a governmental entity responsible for enforcing building or housing codes or a public utility, and the tenant:


        (A) Claims a building or housing code violation or utility problem that is the duty of the landlord to repair; and

        (B) Acts in good faith in that a reasonable person would believe that the complaint is valid and that the violation or problem occurred; or

   (4) Established, attempted to establish, or participated in a tenant organization to address problems related to the habitability of the property, such as life, health, or safety concerns.

Back To Retaliation

Examples of Obvious Unlawful Retaliation (Ga. Code § 44-7-24(c))
(c) Elements of a prima-facie case under this Code section include that a landlord, within three months after the date that a tenant takes any action described under subsection (b) of this Code section:
    (1) Filed a dispossessory action, except for the grounds set forth in paragraph (2) of subsection (d) of this Code section;
    (2) Deprived the tenant of the use of the premises, except for reasons authorized by law;
    (3) Decreased services to the tenant;
    (4) Increased the tenant's rent or terminated the tenant's lease or rental agreement; or
    (5) Materially interfered with the tenant's rights under the tenant's lease or rental agreement.

Back To Retaliation


Exceptions To The GA Law on Landlord Retaliation (Ga. Code § 44-7-24(d))

(d) A landlord shall not be liable for retaliation under this Code section:
    (1) For increasing rent or reducing services:
        (A) Under an escalation clause in a written lease for utilities, taxes, or insurance;
        (B) As part of a pattern of rent increases or for reducing services as part of a pattern of service reductions, for an entire multiunit residential building or complex; or
        (C) As part of a rent increase due to the terms of the tenant's or landlord's participation in a program regulated by this state or the federal government involving the receipt of federal funds, tenant assistance, or tax credits; or

    (2) For a dispossessory action or lease or rental agreement termination in accordance with this chapter based upon one or more of the following circumstances:
        (A) The tenant is delinquent in rent when the landlord gives notice to vacate or files a dispossessory action;
        (B) The tenant, a member of the tenant's family, or a guest or invitee of the tenant intentionally damages property on the premises or by word or conduct threatens the personal safety of the landlord, the landlord's employees, or another tenant;
        (C) The tenant has breached the lease, other than by holding over, by an action such as violating written lease provisions prohibiting serious misconduct or criminal acts;
        (D) The tenant holds over after the tenant gives notice of termination or intent to vacate; or
        (E) The tenant holds over after the landlord gives notice of termination at the end of the rental term as agreed upon in the written lease.

Back To Retaliation

Landlord Defenses Against Housing Code Complaints (Ga. Code § 44-7-24(f))

(f) It shall be a rebuttable defense under this Code section that the property has been inspected within the prior 12 months pursuant to any federal, state, or local program which certifies that the property complies with applicable building and housing codes or that the property has been inspected within the prior 12 months by a code enforcement officer or a licensed building inspector who certifies that the property complies with applicable building and housing codes.

Back To Retaliation

Landlord Penalties for Unlawful Retaliation (Ga. Code § 44-7-24(e))

(e) In addition to any other remedies provided for by law, if a landlord retaliates against a tenant pursuant to this Code section, such retaliation shall be a defense to a dispossessory action, and the tenant may recover from the landlord a civil penalty of one month's rent plus $500.00, court costs, reasonable attorney's fees where the conduct is wilful, wanton, or malicious,
and declaratory relief less any delinquent rents or other sums for which the tenant is liable to the landlord.

Back To Retaliation

City And County Housing Codes (All 50 States)
Check your city and county housing codes for further protection. Some expressly protect against retaliation for reporting a violation. Once on your code website, search for retaliat or retaliation.

If you still can't find help, Google your state along with the words Landlord and Retaliation. If you are in a big city, Google that as well.

Examples:

Georgia landlord retaliation
New York landlord retaliation
San Francisco landlord retaliation

Google Scholar
Do the same search above in Google Scholar for state specific case law. Repeat search choosing Articles.

Where To Go For More Help

For more help see Lawyers, Courts & Self Help

Back To Top

Uninhabitable Premises/Constructive Eviction
Sometimes a landlord will create a nuisance or fail to make needed repairs. If such actions are drastic enough to make the premises unlivable, the law may permit the tenant to immediately move out and sue for "constructive eviction." 

Note a tenant cannot normally sue for such unless the problem caused them to move out before the end of their lease. GA courts will not find constructive eviction for minor matters, or even for important matters. It's got to be major. Mere discomfort is not enough. The test is if a reasonable person would be forced to leave the property and it's the landlord who is responsible.

The rules for constructive eviction vary from state to state. So be very careful about claiming constructive eviction without first seeking help from a local attorney.

If the tenant can show contructive eviction, damages can be collected for back rent, damage to furniture and other expenses.

Constructive Eviction An Uphill Battle In Georgia
First, the tenant must prove that the landlord’s failure to keep the rented premises in repair allowed the premises to deteriorate to such an extent as to make the rented premises unfit for the tenant to carry on business in a commercial lease or uninhabitable in a residential lease. See, Hightower v. Daniel, 143 Ga. App. 217, 237, 237 S.E.2d 688 (1977).

Second, the tenant must prove that the rented premises couldn’t be restored to a fit condition by ordinary repairs that could be made without unreasonable interruption of the tenant’s business in a commercial lease or the tenant’s habitation in a residential lease.

Georgia Landlord Tenant Case Law (Georgia State Court Bench Book)
Once on page, search for the term constructive eviction.

E. Constructive eviction

1. Failure to repair property makes it unfit to live in or defeats the purpose in renting the property;

2. It could not be restored to a fit condition by ordinary repairs which could be made without unreasonable interruption of the tenant's business; and

4. Constructive eviction defeats claim for rent but tenant usually required to vacate the premises to assert constructive eviction. Alston v. Georgia Credit Counsel, 140 App. 784, 232 SE2d 134 (1976). 

State Habitability Statutes And Law Reference Guide (50 States)
Scroll down to your state and see what the remedies are for breach of habitability. If listed, this will show you what you need to prove for constructive eviction.  If the statute is silent, there still may be case law in your favor.  But be careful and talk to a lawyer if you can!  For case law, go to Google Scholar, and search for "constructive eviction" and your state.

Help Resources In Atlanta
How to deal with housing code problems, health and safety and finding legal help.

Where To Go For More Help

For More Help, See Repairs and Lawyers, Courts & Self Help

Back To Top

Form Letters (Samples)

*For Repairs (GA)

*For Return Of Your Security Deposit (GA)

*Tenant Defenses Against Eviction (GA)

Where To Go For More Help

The Forms Below Are Generic & Not State Specific

FOR TENANTS

Tenant's Notice To End The Tenancy

Notice To Landlord To Make Repairs (Lawsmart)

FOR LANDLORDS

Amendment Of Lease (Lawsmart.com)

Assignment Of Lease (Lawsmart.com)

Sample Residential Lease (Lawsmart.com)

Consent To Assignment Of Lease (Lawsmart.com)

Sample Tenant Notice Invoking Option To Renew Lease

Landlord Demand Letter Informing Tenant Of Breach Of Tenancy And What Tenant Must Do To Make Amends

Landlord Notice To Terminate The Tenancy (Lawsmart)

Lease Termination Agreement (Lawsmart)

Memorandum Of Lease (Lawsmart) 

Notice Of Rent Increase (Lawsmart.com) 

Residential Rental Application (Lawsmart.com)

Notice To Tenant To Make Repairs (Lawsmart.com)

Where To Go For More Help

Back To Top

Mobile Homes

GA Landlord-Tenant Handbook (2017)
see pp. 20,27 for repairs and repossession and disposal of personal property.

GA Landlords Right To Evict After Getting A Court Judgment

Mobile Home defined in 44-7-82.

Where To Go For More Help

Back To Top

HUD/Public Housing

Public vs. Private Housing

Public housing differs from private housing in two important ways. In public housing, a family's rent is based on the family's income and size. In a private house or apartment, rent is set by the landlord. In addition to this, many of the rights and duties of public housing tenants are directed by federal law. In contrast, most rights and duties of private tenants are set by the landlord. In most cases, you actually have more rights in public housing than in private housing.

Grievance Procedure for Public Housing Tenant (GA)

Basics of Public Housing (Your Rights & Responsibilities) (GA)

Links To Local HUd Offices Throughout US

HUD Help
Federal laws and regulations protect you from discrimination, fraud, and unscrupulous practices in buying and renting a home. Know your rights.

http://tenant.net/Other_Areas/Public/butler.htm
Admission, rents and lease requirements, eviction and grievances procedures and help numbers.

State Housing Authorities (All 50 States, DC & US Territories)
State housing agencies may give money and advice directly to low- and moderate-income people to help with rent, utilities, repairs to remove health and safety hazards, accessibility for the handicapped, and becoming homeowners. They also may construct, own, and manage public housing, which usually includes providing social services for the residents.

Where To Go For More Help

Back To Top

Right To Tenant's Property Left Behind 

See Abandonment (Consumer-SOS)

Back To Top

Crime Prevention

Getting Your Landlord To Prevent Crime (General)

Contacting Your Neighbors (Consumer-SOS)
Use Internet phone books and reverse lookups to find out who your neighbors are and contact them. Good to organize a neighborhood watch, or simply have them turn down the noise.

Where To Go For More Help

See Nuisances, Noise & Neighbors

Back To Top

Can't Pay Your Rent, Mortgage or Utilities? (Consumer-SOS)
Step by step on what to do and where to go for assistance.

GA United Way Help Book
Online social service directory for Georgia.

Form Letters

Form Letters Written by Attorneys (Consumer-SOS)
Samples.

Legal Assistance From Lawyers & Other Advocates

Georgia Housing Code Problems (Consumer-SOS)

Help Resources (GA)
Legal Aids, mediation and Governor's Office Of Consumer Affairs.

Georgia Housing Code Problems

Housing Code Problems & Help#s (GA)

GA United Way Help Book
Online social service directory for Georgia.

Other Advocates and Free Legal Resources

Find The AARP In Your State
The AARP offers legal advocacy for seniors and may also have state specific consumer brochures which are available to everyone.

Find Your Local Newspaper, Magazine, Radio & TV Stations
Give them a little bad press and you're bargaining power increases tremendously. Select your state, and then click on your county or city for the proper media to report to. (DC Not Included).

United Way Help Line  (For all 50 States, DC & Puerto Rico)
Choose your state, select your city, and look up help agencies galore!!! Their stellar search engine can lead you to any social service topic you can think of.  Just type in the words "housing rights" or "HUD" or "housing Authority" or "housing codes", etc.

National Help Orgs For A Variety Of Consumer Problems
The Elderly, Environment, Families, Fraud, Health & Safety, Insurance The Handicapped, Medical Problems, Telemarketing and more.


For More General Advice, See

Georgia Landlord Tenant Law From A To Z With Georgia Case Law (GA State Court Benchbook)
The left hand index has all you want to know about security deposits, evictions, repairs, counter claims, summons, service ands more.