Housing Discrimination Based on Source of Income City of Atlanta

Landlords and brokers in the City of Atlanta cannot refuse to rent based on someone’s source of legal income, which includes denying the acceptance of valid government vouchers. 

The City of Atlanta is the first municipality in Georgia to pass such legislation.  It was passed in 2020.  The State of Georgia does not have a law against discrimination based on source of legal income. 
Of course, the State of Georgia does prohibit discrimination based on a home seeker’s race, color, national origin, sex, religion, familial status, or disability.  The City of Atlanta has added this additional layer to prohibited acts. 

Landlords and brokers in the City of Atlanta cannot refuse to rent based on someone’s source of legal income, which includes denying the acceptance of valid government vouchers. 

The City of Atlanta is the first municipality in Georgia to pass such legislation.  It was passed in 2020.  The State of Georgia does not have a law against discrimination based on source of legal income. 
Of course, the State of Georgia does prohibit discrimination based on a home seeker’s race, color, national origin, sex, religion, familial status, or disability.  The City of Atlanta has added this additional layer to prohibited acts.
 
What is discrimination based on lawful source of income?

• Discrimination based on lawful source of income is the illegal practice by landlords, owners, and real estate brokers of refusing to rent to current or prospective tenants seeking to pay for housing with housing assistance vouchers, subsidies, or other forms of public assistance.

 
New York City Sting Operation
 
A recent New York City sting operation by a watchdog group, with more than 120 companies involved, resulted in an ongoing fair housing lawsuit. The groups sued include brokerage franchises for Douglas Elliman, eXp Realty, Coldwell Banker, RE/MAX and various other brokerage networks. The lawsuit also includes an array of property owners. The lawsuit accuses brokerages and property owners of telling renters that their vouchers would not be accepted, in violation of both State and City of New York laws.  The City of Atlanta law is very similar to the New York City source of income law.
 
The sting operations typically employ scenarios of low-income renters with legal income vouchers that would meet income requirements.  The testers meet with real estate brokers If the fair housing tester is told that the landlord will not accept a voucher as a source of income, both the broker and the landlord are open to legal action.
 
Violation of Fair Housing regulations can result in significant fines and loss of real estate licenses, among other consequences.
 
Reference: 

1. City of Atlanta, Georgia, Ordinance, 20-O-1155
2. National Low Income Housing Coalition, Atlanta City Council Approves Measure to Prohibit Source-of-Income Discrimination, Feb 24, 2020
3. O.C.G.A. 43-40-25 (2010)
   43-40-25. Violations by licensees, schools, and instructors; sanctions; unfair trade practices
4. Inman News, Daniel Houston, May 27, 2022