Seven protected classes, same as federal
O.C.G.A. 8-3-200(b)(2) and 8-3-202(a) protect the same seven classes as the federal Fair Housing Act: race, color, religion, sex, disability, familial status and national origin.
Georgia rule: the Georgia Act adds nothing. Age is the most frequent distractor and confuses the housing-for-older-persons provisions, which are an exemption from familial status protection, not a protected class. Marital status is not in the Act, and neither is sexual orientation, gender identity, veteran status or source of income.
The private owner exemption
O.C.G.A. 8-3-202(b)(1) exempts a private individual owner only when every condition holds: the owner owns not more than three single-family dwellings at one time, holds no interest in proceeds from more than three, and sells or rents without a broker and without discriminatory advertising.
Own four and the exemption is gone however careful you were otherwise. It covers both sales and rentals. Owner occupancy belongs to the separate Mrs. Murphy exemption, for a dwelling for no more than four families where the owner occupies one unit. The advertising prohibition in 8-3-202(a)(3) always applies, exemption or not.
Two deadlines, and do not invert them
- One year from the occurrence or termination of the practice to file a written, sworn complaint with the administrator of the Georgia Commission on Equal Opportunity (8-3-208(a)).
- Two years to commence a private civil action in superior court (8-3-217(a)), excluding any period an administrative proceeding was pending.
For a refusal occurring May 1, 2025: administrative complaint by May 1, 2026; court action by May 1, 2027. The administrative route has the shorter deadline; swapping them is the classic error. The Georgia Real Estate Commission is not the fair housing forum.
Housing for older persons
O.C.G.A. 8-3-205(b)(1)(C) requires at least 80 percent of units occupied by at least one person 55 or older, plus published policies and the required facilities and services. In 100 units that is 80 units; at 78 it fails, and familial status protection applies in full. The 62-and-older route in 8-3-205(b)(1)(B) has no percentage test.