Cal. Civ. Code § 8-3-205
Permissible limitations in sale, rental, or occupancy of dwellings by religious organizations or private clubs; housing for older persons.
Operative Text
(a) Nothing in this article shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons unless membership in such religion is restricted on account of race, color, sex, handicap, familial status, or national origin. Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. (b) (1) As used in this subsection, the term “housing for older persons” means housing: (A) Provided under any state or federal program that the secretary of housing and urban development determines is specifically designed and operated to assist elderly persons as defined in the state or federal program; (B) Intended for, and solely occupied by, persons 62 years of age or older; or (C) Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the administrator shall develop regulations which require at least the following factors: (i) The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or, if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; (ii) That at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and (iii) The publication of and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. (2) Nothing in this article limits the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. The provisions in this article regarding familial status shall not apply with respect to housing for older persons. (3) Housing shall not fail to meet the requirements for housing for older persons by reason of: (A) Persons residing in such housing as of March 12, 1989, who do not meet the age requirements of subparagraph (B) or (C) of paragraph (1) of this subsection; provided, however, that new occupants of such housing meet the age requirements of subparagraph (B) or (C) of paragraph (1) of this subsection; or (B) Unoccupied units; provided, however, that such units are reserved for occupancy by persons who meet the age requirements of subparagraph (B) or (C) of paragraph (1) of this subsection. (4) Nothing in this article prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance.
O.C.G.A. § 8-3-205 carves out specific exemptions from Georgia's fair housing requirements. Religious organizations and private clubs may restrict housing they own for non-commercial purposes to members of their religion or club, provided those restrictions are not based on race, color, sex, handicap, familial status, or national origin. Separately, housing communities that qualify as 'housing for older persons'—whether serving residents 62 or older, or meeting the 55-plus occupancy and policy standards—are exempt from the article's familial-status protections.
Plain English — not legal advice.
Operators of religiously affiliated or private-club housing should understand that § 8-3-205 permits member-preference policies only when those policies are not tied to race, color, sex, handicap, familial status, or national origin. Managers of age-restricted communities must ensure at least 80 percent of units are occupied by a person 55 or older, maintain published age-occupancy policies, and provide or document the practicability of services for older residents. Keeping thorough records of occupancy data and written policies helps demonstrate ongoing compliance with the older-persons exemption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 8-3-205, tenants should be aware that certain housing communities—those affiliated with religious organizations, private clubs, or qualifying age-restricted developments—may lawfully limit who can rent or occupy units. If a tenant believes a restriction goes beyond what this exemption permits, such as a policy that appears to discriminate on the basis of race, color, or national origin, they may consider filing a complaint with a fair housing agency or consulting a tenant-rights organization familiar with Georgia law. The exemptions in § 8-3-205 are specific and limited, so understanding whether a community genuinely qualifies is an important first step.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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