2021 Georgia Code
Title 8 - Buildings and Housing
Chapter 3 - Housing Generally
Article 4 - Fair Housing
§ 8-3-213. State Action for Enforcement; Fines; Damages; Civil Action by Local Agency; Administrative Proceeding

1. 1. When a charge is issued to initiate an administrative complaint under Code Section 8-3-211, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that charge decided in a civil action brought by the Attorney General on behalf of the aggrieved person as provided under paragraph (2) of this subsection in lieu of a hearing under subsection (e) of this Code section. The election must be made not later than 20 days after the receipt by the electing person of service under Code Section 8-3-211 or, in the case of the administrator, not later than 20 days after such service. The person making such election shall give notice of doing so to the administrator and to all other complainants and respondents to whom the charge relates.
   2. If the administrator has been unable to obtain voluntary compliance or as a result of an investigation under Code Section 8-3-209 finds that there is reasonable cause to believe that a discriminatory housing practice has occurred, at the recommendation of the administrator, the Attorney General shall bring an action in the name of the state on behalf of the aggrieved person to enforce the provisions of this article.
   3. If an election is made under this subsection, the administrator shall authorize and, not later than 30 days after the election is made, the Attorney General shall commence a civil action in the name of the state on behalf of the aggrieved person seeking relief under this Code section in a superior court.
2. Whenever an action filed in court pursuant to paragraph (2) of subsection (a) of this Code section or Code Section 8-3-217 or 8-3-218 comes to trial, the administrator shall immediately terminate all efforts to obtain voluntary compliance.
3. 1. The court may impose the following fines if the respondent has been adjudged to have committed a discriminatory housing practice:
      1. Up to $10,000.00, if the respondent has not previously been found guilty of committing a discriminatory housing practice;
      2. Up to $25,000.00, if the respondent has been found guilty of committing one prior discriminatory housing practice within the preceding five years; or
      3. Up to $50,000.00, if the respondent has been found guilty of committing two or more discriminatory housing practices within the preceding seven years.
   2. The court in its discretion may award the prevailing party reasonable attorney's fees and court costs; provided, however, that a respondent may be awarded reasonable attorney's fees and court costs only if the respondent prevails on all alleged violations of this article and upon a showing that the action is frivolous, unreasonable, or without foundation.
   3. In addition to the remedies set forth in paragraphs (1) and (2) of this subsection, the court may award actual damages and punitive damages to the aggrieved person. Punitive damages awarded under this subsection may be awarded only when the evidence shows that the respondent's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences or to the rights of the aggrieved party.
4. Any local agency certified as substantially equivalent by the secretary of housing and urban development pursuant to Section 810 of the federal Fair Housing Amendments Act of 1988 may institute a civil action in any appropriate court, including superior court, if it is unable to obtain voluntary compliance with the local fair housing law. The agency need not have petitioned for an administrative hearing or exhausted its administrative remedies prior to bringing a civil action. The court may impose fines as provided in the local fair housing law.
5. 1. Where an election is not made under paragraph (1) of subsection (a) of this Code section, the administrator shall refer the complaint to an administrative law judge of the Office of State Administrative Hearings. An administrative hearing shall be conducted as provided for under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
   2. Not more than seven working days after the case has been referred to the administrative law judge, the administrator shall serve on the respondent and the person aggrieved or the aggrieved person's attorney by registered or certified mail or statutory overnight delivery a written notice together with a copy of the complaint requiring the respondent to answer the charges contained therein at a hearing before the administrative law judge at a time and place specified in the notice. Such notice must contain all general and specific charges against the respondent.
   3. The respondent shall serve an answer with the administrative law judge by registered or certified mail or statutory overnight delivery not more than 20 working days after receipt of the notice of hearing, which 20 working days may be extended by the administrative law judge in the administrative law judge's discretion for an additional time not to exceed ten working days. The respondent's answer must show by a certificate of service that the respondent has served a copy of the answer on the administrator and complainant or the complainant's attorney at the last known address of the complainant or the complainant's attorney where the complainant is represented by an attorney. Upon leave of the administrative law judge, the complainant may amend the charges contained in the notice of hearing. The respondent may amend an answer at any time prior to the hearing or, upon leave of the administrative law judge, may amend thereafter. No order shall be issued unless the respondent has had the opportunity of a hearing on the charges contained in the notice of hearing or amendment on which the final order is based. If the respondent fails to answer the complaint, the administrative law judge may enter the respondent's default. Unless the default is set aside for good cause shown, the hearing may proceed under the available evidence.
   4. A respondent who has filed an answer or whose default in answering has been set aside for good cause shown may appear at the hearing, may examine and cross-examine witnesses and the complainant, and may offer evidence. The complainant and, at the discretion of the administrative law judge, any other person may intervene, examine and cross-examine witnesses, and present evidence.
   5. Efforts at conference, conciliation, and persuasion shall not be received in evidence.
   6. Testimony taken at the hearing shall be under oath and shall be stenographically or otherwise recorded by a certified court reporter. After the hearing, the administrative law judge at the administrative law judge's discretion may take further evidence or hear arguments upon notice to all parties with an opportunity to be present.
   7. Except as otherwise specifically provided for in this article, all proceedings of the administrative law judge shall be conducted as provided for with respect to contested cases in Chapter 13 of Title 50.

(Code 1981, §8-3-213, enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 1992, p. 1840, § 7; Ga. L. 2000, p. 1589, § 3; Ga. L. 2020, p. 603, § 4/HB 969.)

The 2020 amendment, effective January 1, 2021, in paragraph (a)(1), in the first sentence, substituted "issued" for "filed" and "Code Section 8-3-211" for "Code Section 8-3-208" near the beginning, and substituted "subsection (e)" for "subparagraph (e)(1)(A) or (e)(1)(B)" near the end; deleted ", after reviewing the administrator's findings and determining that such findings are well grounded in fact and warranted by law," following "the Attorney General" in paragraph (a)(2); in paragraph (a)(3), deleted "paragraph (1) or (2) of" following "is made under", deleted ", after reviewing the administrator's charge and determining that such charge is well grounded in fact and warranted by law," following "Attorney General" near the middle, and inserted "in the name of the state" near the end; in paragraph (c)(2), substituted "in its discretion may award the prevailing party reasonable attorney's fees and court costs; provided, however, that a respondent may be awarded" for "may award" near the beginning, substituted "court costs only if" for "costs to the administrator or aggrieved person in any action in which the administrator or aggrieved person prevails or to the respondent in any action in which" in the middle, and substituted "on all alleged violations of this article and" for "only" near the end; and rewrote subsection (e).

- Pursuant to Code Section 28-9-5, in 1992, "secretary of housing and urban development" was substituted for "Secretary of Housing and Urban Development" in subsection (d).

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.

JUDICIAL DECISIONS

Summary judgment as to claims for punitive damages and attorney fees improper.

- Trial court erred in granting summary judgment in favor of a condominium association and the members of the association's board of directors as to a condominium owner's claims for punitive damages and attorney fees under the Georgia Fair Housing Act, O.C.G.A. § 8-3-200 et seq., because genuine issues of material fact existed as to whether the association and members violated the Act and breached their fiduciary duties. Bailey v. Stonecrest Condo. Ass'n, 304 Ga. App. 484, 696 S.E.2d 462 (2010).

RESEARCH REFERENCES

ALR.

- Actions under Fair Housing Act (42 USCS § 3601 et seq.), based on sexual harassment or creation of hostile environment, 144 A.L.R. Fed. 595.