Rule 520-1-.13. Fair Housing

1. (1) Prohibited Representations. No licensee or agent or employee of a licensee shall represent, explicitly or implicitly, for the purpose of inducing or discouraging the purchase, sale, or rental of any real property or the listing for purchase, sale, or rental of any real property:

   1. (a) that a change has occurred or will or may occur in the composition of any block, neighborhood or area based upon race, color, religion, sex, handicap, familial status, or national origin;

   2. (b) that the presence of persons of any particular race, color, religion, sex, handicap, familial status, or national origin in an area will or may result in the following:

      1. 1. a lowering of property values in the neighborhood;
      2. 2. a material change in the composition of the area based upon race, color, religion, sex, handicap, familial status, or national origin;
      3. 3. an increase in criminal or antisocial behavior in the area; or

      4. 4. a decline in the quality of the schools serving the area.

         See also O.C.G.A. §§ 43-40-2, 43-40-15, & 43-40-25.

2. (2) Discrimination Prohibited. No licensee or employee or agent of any licensee shall:

   1. (a) Refuse to sell, purchase, rent or lease, or otherwise deny to or withhold any housing accommodation from a person because of such person's race, color, religion, sex, handicap, familial status, or national origin; or
   2. (b) Discriminate against a person because of such person's race, color, religion, sex, handicap, familial status, or national origin in the terms of the sale, purchase, rental or lease of any housing accommodations, or in the furnishing of facilities or services in connection therewith; or
   3. (c) Refuse to receive or transmit a bona fide offer to sell, purchase, rent or lease any housing accommodation, from or to a person because of such person's race, color, religion, sex, handicap, familial status, or national origin; or
   4. (d) Refuse to negotiate for the sale, purchase, rental or lease of any housing accommodation to a person because of such person's race, color, religion, sex, handicap, familial status, or national origin; or

   5. (e) Represent to a person that any housing accommodation is not available for inspection, sale, purchase, rental, or lease when in fact it is so available, or to refuse to permit a person to inspect any housing accommodations, because of such person's race, color, religion, sex, handicap, familial status, or national origin.

      See also O.C.G.A. §§ 43-40-2, 43-40-15, & 43-40-25.

Authority: O.C.G.A. Secs. 43-40-2, 43-40-7, 43-40-9, 43-40-13, 43-40-14, 43-40-25.

History. Original Rule entitled "Recommending Broker" adopted as ER. 520-1-0.1-.13. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule entitled "Examinations" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: F. May 31, 1974; eff. June 20, 1974.

Amended: F. Aug. 18, 1977; eff. Sept. 7, 1977.

Amended: F. June 13, 1979; eff. July 3, 1979.

Amended: F. Sept. 14, 1979; eff. Oct. 4, 1979.

Amended: F. May 7, 1980; eff. June 1, 1980, as specified by the Agency.

Amended: F. June 10, 1982; eff. July 1, 1982, as specified by the Agency.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. Feb. 10, 1983; eff. Mar. 3, 1983, as specified by the Agency.

Amended: F. May 5, 1983; eff. July 1, 1983, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Amended: F. Sept. 5, 1985; eff. Oct. 1, 1985, as specified by the Agency.

Amended: F. May 13, 1987; eff. July 1, 1987, as specified by the Agency.

Amended: F. Aug. 13, 1987; eff. Sept. 2, 1987.

Amended: F. Oct. 16, 1992; eff. Nov. 5, 1992.

Amended: F. June 14, 1996; eff. July 4, 1996.

Amended: F. May 5, 1997; eff. May 25, 1997.

Repealed: New Rule entitled "Fair Housing" adopted. F. Nov. 12, 2003; eff. Dec. 2, 2003.