Second Chance Index
Menu

Atlanta, Georgia

Second chance apartments in Atlanta: renting with a record

Neither Georgia nor Atlanta limits what criminal history a private landlord can use, so each landlord sets its own rules, and Georgia has no law that seals eviction records. Atlanta Housing may deny its rental assistance, including vouchers, for violent or drug-related offenses (no lookback stated) and for other offenses within five years; it says an arrest record alone may not be enough evidence, and you can ask for an informal review within 10 days (10 business days in some programs) of a denial. Start with Atlanta Legal Aid or 211 if you are facing a denial or an eviction case.

Checked October 29, 2026. General information, not legal advice. We don't list or recommend landlords; these are the rules and the official help in Atlanta.

On this page
  1. Georgia law
  2. Atlanta rules
  3. Public housing and vouchers in Atlanta
  4. Where to get help in Atlanta
  5. Avoiding rental scams in Georgia
  6. Where to go next

Georgia law

Georgia (statewide)

Georgia has no state law that limits what criminal history a private landlord may consider. We found no enacted law in the legislature's 2024, 2025 or 2026 summaries of new statutes that limits criminal-history screening of rental applicants, and the state's landlord-tenant handbook says landlords have broad discretion over what they ask on an application.1,2,3,4

The state handbook is dated December 2017 and says it may not reflect current law. It says a landlord may require consent to a credit and criminal background check, and that a blanket denial of everyone with a record "may amount to discrimination" under fair housing law, so a landlord should look at each applicant case by case. That handbook leans on HUD's 2016 guidance, which HUD has since withdrawn (see the national guide). Georgia's 2024 to 2026 summaries do list laws on other renting topics, such as the 2024 Safe at Home Act and a 2025 law on out-of-state landlords, but none on screening.

Fees and deposits

Georgia sets no cap on rental application or background check fees that we could find, and the state handbook says application fees are usually not refundable if you are denied. Since July 1, 2024, the Safe at Home Act (HB 404) limits the security deposit a landlord may collect on leases signed or renewed on or after that date.1,4

The state summary says the Act also requires a landlord to post a demand for possession, or a notice to vacate or pay past-due rent and charges, on the door before starting certain eviction steps. The summary does not give the deposit limit, so check the Act itself or the state handbook's current edition before relying on a number. The handbook, dated 2017, predates the Act. Ask what the landlord checks and what would get you denied before you pay a fee (see the national guide).

Eviction records

We found no Georgia law, in effect as of October 29, 2026, that seals or removes an eviction (dispossessory) case from public court records. A 2025 bill, HB 875, would have let some tenants ask a court to seal these records. Its last recorded step is a second reading in the House on April 2, 2025.2,3,5,6

HB 875 would have let a tenant who won a dispossessory case ask for sealing, let a tenant who met the terms of a settlement petition for it, and let some tenants who lost petition three years after the case ended. Neither year's summary of enacted laws lists a sealing law. If a screening report shows an eviction case that was dismissed, or is wrong, you can dispute it under the federal FCRA (see the national guide).

Restricted records

Georgia's record restriction law (O.C.G.A. 35-3-37) lets certain criminal history records be restricted from release for non-criminal-justice uses such as employment and licensing. For many arrests, the state's court page says this happens when the prosecutor approves. The state's court page warns that restricted information "may be available through other sources," because the state records agency has no control over local agencies or private vendors.7,8

The pages we read do not mention landlords. If you have had a record restricted, check a screening report for it and dispute it if it still shows (see the national guide). For arrests on or after July 1, 2013 there is no application: you ask the prosecutor. For earlier arrests you apply at the arresting agency. Some convictions can be restricted by other routes; our Georgia record-clearing page explains them.

Atlanta rules

Atlanta and Fulton County

We found no city ordinance limiting criminal-history screening by private landlords in Atlanta as of October 29, 2026.9,10

Atlanta's code does protect "criminal history status" in its employment rules (added by ordinances in 2022, the second dated October 26, 2022), but the fair housing sections (94-94 through 94-97) do not list criminal history. We found nothing on tenant screening in Fulton County's code either.

Source of income

Atlanta's fair housing code (Chapter 94, Article IV) bars refusing to rent, or treating a renter differently, because of the renter's source of income, which it defines to include housing choice vouchers and other rent assistance. The council added this by Ordinance 2020-13 (adopted February 26, 2020).9

The code exempts some small owner-run rentals, including a single-family home rented by an owner with no more than three such homes, no broker and no discriminatory advertising, and rooms or units in a building for up to four families where the owner lives in one. It does not limit looking at a criminal record. For complaints the code points to the city's Human Relations Commission.

Public housing and vouchers in Atlanta

Policy and who is screened

Atlanta Housing (AH) says it may deny admission, or end assistance, if any household member is or has been involved in criminal activity that could reasonably be expected to threaten the health, safety or welfare of others. Section 1.15 of its Statement of Corporate Policies (SCP), adopted March 25, 2026 (printed pages 12 to 13), covers all of its rental assistance programs, including its vouchers and the communities it owns, and screening is required for everyone 18 and older.11,12

Section 1.15.2 lists violent or drug-related offenses AH may deny for, including murder, rape, child molestation, "Drug Charges," kidnapping, arson, assault and battery, illegal firearms offenses, carjacking and robbery, and says the list is not complete. It states no lookback for these. Section 1.15.3 says AH may deny admission for other offenses that do not involve violence or drugs, such as disorderly conduct, motor vehicle theft, burglary and larceny, if they happened within the five-year period before you applied. The SCP says it is the policy for AH's programs; AH's Management Agents and owners run leasing at some communities.

Required denials and arrests

SCP section 1.15.1 lists the federal required denials: an eviction from federally assisted housing for drug crimes in the previous three years, current illegal drug use, a conviction for making methamphetamine on federally assisted property, and lifetime sex-offense registration. It also lists a pattern of alcohol abuse that may threaten other residents. On arrests, the SCP says an arrest record alone may not be enough evidence, but it can lead AH to look further, for example at police reports and witness statements.11

Under section 1.15.4, before AH makes an adverse decision based on criminal activity it must tell you the proposed decision and give you a chance to dispute the accuracy and relevance of the record. A conviction shown by a reliable background report, or your own admission, can also be used. The SCP words the 1.15.1 items as reasons applicants "may be denied"; federal rules make them required denials. The national guide covers the federal required denials.

Informal review

If AH denies you because of criminal history, you may ask for an informal review. Section 3.31 (applicants to AH-owned units and the voucher program, pages 45 to 46) says to ask in writing within 10 business days of the notice, and AH must give you its written decision within 15 business days after the review. Section 2.17.2 (applicants to AH-assisted units under chapter 2, where an owner or management agent may handle the review, pages 27 to 29) says to ask in writing within 10 days of receiving the denial notice, and the written decision should come within 10 days after the review. Act as early as you can.11

You may look at and copy your application file at your own cost, bring witnesses, a lawyer or letters of support, and cross-examine any witnesses AH presents. The reviewer cannot be the person who made the decision or that person's subordinate. AH asks you to bring the court disposition of the offenses behind the denial, and says it will consider the circumstances, the time, nature and extent of the conduct and whether you would reasonably pose a danger to others. If you need help writing the request, the SCP says you may go to the management office before the deadline.

Where to get help in Atlanta

211 and housing counseling

Dial 211 Monday to Friday, 8:00 a.m. to 5:00 p.m., or text your ZIP code and need to 898211, to reach United Way of Greater Atlanta's 211 team. HUD's locator lists HUD-participating housing counseling agencies near an Atlanta ZIP code; you can also call HUD at 800-569-4287.16,17

United Way's page says 211 helps keep people housed, fed, safe and healthy, and recommends its digital tools for the fastest service. For the HUD locator, enter your ZIP code and a distance, or pick Georgia from the state list. HUD says eviction and homeless counseling are free; other counseling may cost a small fee that agencies must waive if you cannot afford it.

Avoiding rental scams in Georgia

Georgia Attorney General and FTC

The Georgia Attorney General's Consumer Protection Division lists these scam warning signs: a deal that sounds too good to be true, pressure to act immediately, and insistence that you pay by gift card, prepaid card, wire transfer or cryptocurrency. The Division's phone line is (404) 651-8600, or (800) 869-1123 toll-free in Georgia outside metro Atlanta.18,19

The only rental-scam item we found on the Attorney General's consumer site is a 2010 answer about vacation rental ads, which says to deal with people who can meet you in person and to avoid paying by wire transfer; we found no Georgia page written for long-term apartment listings, so for those, follow the FTC guidance in the national guide. Check that the person really owns the property, and do not pay a deposit before you have seen the unit. Report rental scams to the FTC at ReportFraud.ftc.gov as well.

Sources

Each source was opened and checked on October 29, 2026.

  1. Summary of General Statutes Enacted at the 2nd Session of the 157th General Assembly (2024)Georgia General Assembly, Office of Legislative Counsel
  2. Summary of General Statutes Enacted at the 1st Session of the 158th General Assembly (2025)Georgia General Assembly, Office of Legislative Counsel
  3. Summary of General Statutes Enacted at the 2nd Session of the 158th General Assembly (2026)Georgia General Assembly, Office of Legislative Counsel
  4. Georgia Landlord-Tenant Handbook (revised December 2017)Georgia Department of Community Affairs, via Georgia Attorney General's Consumer Protection Division
  5. HB 875 (2025-2026 Regular Session): sealing of dispossessory recordsGeorgia General Assembly
  6. HB 875 (LC 62 0192), bill textGeorgia General Assembly
  7. Record Restrictions/ExpungementGeorgia Judicial Branch, Access to Justice
  8. Georgia Criminal History Record RestrictionsGeorgia Bureau of Investigation
  9. Atlanta Code of Ordinances, Chapter 94 (Human Relations), Article IV (Fair Housing) and searches for criminal history and fair chanceCity of Atlanta, via Municode Library
  10. Fulton County Code of Ordinances (searched for criminal history, fair chance and tenant screening)Fulton County, Georgia, via Municode Library
  11. Amended and Restated Statement of Corporate Policies (SCP), adopted by the Board of Commissioners March 25, 2026Atlanta Housing (Housing Authority of the City of Atlanta, Georgia)
  12. Plans & Reports (links the Statement of Corporate Policies)Atlanta Housing
  13. Free Statewide Social/Legal Resources Hotlines (Calls for Assistance)Georgia Judicial Branch, Access to Justice
  14. Self-Help ResourcesGeorgia Judicial Branch, Access to Justice
  15. Landlord/TenantGeorgia Judicial Branch, Access to Justice
  16. 211 Help & ServicesUnited Way of Greater Atlanta
  17. Housing Counseling Services searchU.S. Department of Housing and Urban Development
  18. Scams and Consumer AlertsGeorgia Attorney General, Consumer Protection Division
  19. Rental Listing ScamsFederal Trade Commission

Where to go next

All guides