A Georgia broker receives a listing for a duplex. During the marketing process, the broker uses language in advertisements that expresses a preference for tenants of a particular national origin, though no applicant has yet been formally rejected. Which statement best describes the broker's fair-housing exposure?

Correct Answer

A) Discriminatory preferences expressed in advertising, tenant screening, or showing practices can constitute fair-housing violations even before a final refusal to sell or rent occurs.

Under both the federal Fair Housing Act (42 U.S.C. § 3604(c)) and the Georgia Fair Housing Act (O.C.G.A. § 8-3-202), it is unlawful to make, print, or publish any statement or advertisement that indicates a preference, limitation, or discrimination based on a protected class. A violation occurs at the point the discriminatory preference is expressed—no final denial of housing is required. Advertising, screening criteria, and showing practices are all independently actionable stages.