Georgia 2023-2024 Regular Session

Georgia House Bill HB1059 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	24 LC 48 1098
2	2	House Bill 1059
3	3	By: Representatives Scott of the 76
4	4	th
5	5	, Davis of the 87
6	6	th
7	7	, and Schofield of the 63
8	8	rd
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to
13	13	1
14	14	landlord and tenant, so as to provide for residential eviction diversion programs for disabled2
15	15	and low-income persons; to provide a short title; to provide for dispossessory procedures3
16	16	under certain circumstances; to provide for certain notices to tenants for dispossessory4
17	17	proceedings; to provide for mediation; to provide for rules and regulations; to require5
18	18	landlord participation; to provide for defenses; to provide for dispossessory proceedings; to6
19	19	provide for related matters; to provide for an effective date and applicability; to repeal7
20	20	conflicting laws; and for other purposes.8
21	21	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
22	22	SECTION 1.10
23	23	This Act shall be known and may be cited as the "Georgia Tenant Protection and Mediation11
24	24	Act."12
25	25	SECTION 2.13
26	26	Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and14
27	27	tenant, is amended by revising subsection (a) of Code Section 44-7-50, relating to demand15
28	28	H. B. 1059
29	29	- 1 - 24 LC 48 1098
30	30	for possession, procedure upon a tenant's refusal, and concurrent issuance of federal lease
31	31	16
32	32	termination notice, as follows:17
33	33	"(a) Except as provided in Code Section 44-7-50.1, in
34	34	In all cases when a tenant holds18
35	35	possession of lands or tenements over and beyond the term for which they were rented or19
36	36	leased to such tenant or fails to pay the rent when it becomes due and in all cases when20
37	37	lands or tenements are held and occupied by any tenant at will or sufferance, whether under21
38	38	contract of rent or not, when the owner of such lands or tenements desires possession of22
39	39	such lands or tenements, such owner may, individually or by an agent, attorney in fact, or23
40	40	attorney at law, demand the possession of the property so rented, leased, held, or occupied. 24
41	41	If the tenant refuses or fails to deliver possession when so demanded, the owner or the25
42	42	agent, attorney at law, or attorney in fact of such owner may immediately go before the26
43	43	judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either27
44	44	court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the28
45	45	subject matter, or a magistrate in the district where the land lies and make an affidavit29
46	46	under oath to the facts. The affidavit may likewise be made before a notary public."30
47	47	SECTION 3.31
48	48	Said chapter is further amended by adding a new Code section to read as follows:32
49	49	"44-7-50.1.33
50	50	(a) This Code section shall apply to all cases involving disabled adults, as defined in Code34
51	51	Section 30-5-3, and low-income persons as defined in Code Section 8-3-301, except when35
52	52	eviction is necessary to cease or prevent an imminent and direct threat of harm by a tenant,36
53	53	including physical harm or harassment, when:37
54	54	(1) A residential tenant holds possession of lands or tenements over and beyond the term38
55	55	for which they were rented or leased to such tenant or fails to pay the rent when it39
56	56	becomes due and in all cases when lands or tenements are held and occupied by any40
57	57	tenant at will or sufferance, whether under contract of rent or not; and41
58	58	H. B. 1059
59	59	- 2 - 24 LC 48 1098
60	60	(2) The court with jurisdiction over a dispossessory proceeding under this article for such42
61	61	land or tenement has established a residential eviction diversion program under Code43
62	62	Section 44-7-130.44
63	63	(b) When the owner of lands or tenements described in paragraph (1) of subsection (a) of45
64	64	this Code section desires possession of such lands or tenements, such owner may,46
65	65	individually or by an agent, attorney in fact, or attorney at law, demand the possession of47
66	66	the property so rented, leased, held, or occupied, provided that such demand shall:48
67	67	(1) Be in writing;49
68	68	(2) Notify the tenant that he or she has a right to request to participate in a residential50
69	69	eviction diversion program within seven days following receipt of such notice; and51
70	70	(3) Include the contact information for such program and instructions on how the tenant52
71	71	may request to participate.53
72	72	(c) If a tenant desires to participate in a residential eviction diversion program, the tenant54
73	73	shall request to schedule a mediation with the program no later than seven days after55
74	74	receiving the demand for possession in the manner required by such program.56
75	75	(d) If the tenant does not choose to participate in the residential eviction program within57
76	76	seven days as provided in subsection (c) of this Code section or if the tenant chooses to58
77	77	participate in the residential eviction program but the program is unable to offer a date to59
78	78	schedule the mediation within 30 days of such request or if the tenant and landlord60
79	79	participate in mediation but are unable to come to an agreement and the tenant refuses or61
80	80	fails to deliver possession, the owner or the agent, attorney at law, or attorney in fact of62
81	81	such owner may immediately go before the judge of the superior court, the judge of the63
82	82	state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy64
83	83	clerk of any other court with jurisdiction over the subject matter, or a magistrate in the65
84	84	district where the land lies and make an affidavit under oath to the facts. The affidavit may66
85	85	likewise be made before a notary public.67
86	86	H. B. 1059
87	87	- 3 - 24 LC 48 1098
88	88	(e) If the tenant does not participate in a residential evictions program or refuses to or fails68
89	89	to deliver possession of the property in accordance with subsection (d) of this Code section,69
90	90	such tenant shall be subject to the dispossessory proceedings as provided by Article 3 of70
91	91	Chapter 7 of Title 44."71
92	92	SECTION 4.72
93	93	Said chapter is further amended by adding a new article to read as follows:73
94	94	"ARTICLE 774
95	95	44-7-130.75
96	96	(a) Any court with jurisdiction over dispossessory proceedings under Article 3 of this76
97	97	chapter may establish a residential eviction diversion program that provides for mediation77
98	98	between a landlord and tenant to assist in resolving an asserted residential lease violation.78
99	99	(b) Such court shall publish and make available to the public contact information for such79
100	100	program.80
101	101	(c) Such program shall comply with the Supreme Court of Georgia Alternative Dispute81
102	102	Resolution Rules and appendices.82
103	103	(d) The Supreme Court of Georgia may adopt such additional rules and regulations as may83
104	104	be necessary to provide for such programs.84
105	105	44-7-131.85
106	106	(a) A landlord shall participate in any mediation scheduled pursuant to this article.86
107	107	(b) A landlord's failure to comply with the notice requirement provided in Code Section87
108	108	44-7-50.1 or failure to participate in a scheduled mediation may be asserted as a defense88
109	109	by a tenant and may not be waived."89
110	110	H. B. 1059
111	111	- 4 - 24 LC 48 1098
112	112	SECTION 5.
113	113	90
114	114	This Act shall become effective on January 1, 2025, and shall apply to residential lease91
115	115	agreements that are entered into or renewed on or after July 1, 2023.92
116	116	SECTION 6.93
117	117	All laws and parts of laws in conflict with this Act are repealed.94
118	118	H. B. 1059
119	119	- 5 -