A licensed property manager in Georgia maintains a policy of requiring higher security deposits from tenants who receive disability benefits than from other tenants with comparable income. A tenant who was charged the higher deposit files a fair housing complaint. Which statement best describes the legal exposure for the property manager's license?
Correct Answer
D) The property manager faces potential GREC disciplinary action because imposing different financial terms based on disability status violates fair housing law, and GREC may discipline licensees who engage in discriminatory practices.
Property management requires a real estate license in Georgia (O.C.G.A. § 43-40-29), and GREC has authority to discipline licensees for violations of law in the course of licensed activities (O.C.G.A. § 43-40-25). Charging higher security deposits based on disability status violates both the federal Fair Housing Act (42 U.S.C. § 3604) and the Georgia Fair Housing Act (O.C.G.A. § 8-3-202). While fair housing enforcement itself is handled by HUD and the Georgia Commission on Equal Opportunity, GREC may independently discipline a licensee whose conduct in a licensed activity constitutes a violation of applicable law.
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