The seven protected classes
Rental decisions run on one list. Both 42 U.S.C. § 3604 and Georgia's O.C.G.A. § 8-3-202 protect race, color, religion, sex, familial status, national origin and disability. Sex was added in 1974; familial status and handicap came in the 1988 amendments.
Everything else is a distractor. Age is not a protected class — the housing for older persons rules are an exemption, not a class. Creed, marital status and source of income are likewise not protected by the federal act or the Georgia statute.
The owner-occupied exemption, and its limits
Under 42 U.S.C. § 3603(b)(2), rooms or units in a dwelling occupied by no more than four families are exempt where the owner actually maintains and occupies one of the living quarters as her residence. So a four-unit owner-occupied building qualifies — the test allows up to four families.
Two limits decide most questions. The exemption vanishes when a broker or agent is used, and under 24 CFR 100.75 no exemption ever permits discriminatory advertising. The three-house count and 24-month limit belong to the separate single-family-house exemption.
Housing for older persons: do the math on occupied units
The 55-or-older exemption under 24 CFR 100.305 requires that at least 80 percent of the occupied units be occupied by at least one person 55 or older. The community must also publish its policies and verify ages at least every two years.
Worked example: a community has 200 units, 190 of them occupied.
- 0.80 × 190 occupied units = 152 units must house someone 55 or older.
Applying 80 percent to all 200 units gives 160 — the classic wrong method. Requiring all 190 states the test for the separate 62 or older exemption, where every occupant must be 62 or older.
Advertising describes the property, not the people
24 CFR 100.75 makes it unlawful to publish any notice, statement or advertisement indicating a preference, limitation or discrimination. Georgia's advertising rule specifically lists prohibited words such as "Mature persons," "Christian," "Singles" and "Adults." An ad seeking mature Christian singles with no children signals religion, familial status and age at once.
Safe ads describe the property: a quiet building near transit, the bed and bath count, a renovated kitchen, on-site laundry, pets considered. Residential ads should carry the Equal Housing Opportunity logo or slogan.