A Georgia landlord instructs a property management company to reject all applicants who use Section 8 housing choice vouchers to pay rent. Under current federal and Georgia fair housing laws, how should the property manager respond?
Correct Answer
B) Advise the landlord that while source of income is not a federally protected class, certain Georgia local ordinances may prohibit voucher-based discrimination, and the manager should verify applicable local requirements before implementing a blanket refusal policy.
Source of income, including Section 8 voucher status, is not a protected class under the Federal Fair Housing Act (42 U.S.C. § 3604) or Georgia's Fair Housing Act (O.C.G.A. § 8-3-202). However, some local jurisdictions may adopt their own ordinances addressing source-of-income discrimination. A prudent property manager should research applicable local laws rather than assume a blanket refusal is lawful everywhere in the state. Additionally, a refusal policy that disproportionately affects a federally protected class could raise disparate impact concerns.
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