| 1 | 1 | | 24 LC 55 0273 |
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| 2 | 2 | | House Bill 1429 |
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| 3 | 3 | | By: Representative Adesanya of the 43 |
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| 4 | 4 | | rd |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to |
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| 9 | 9 | | 1 |
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| 10 | 10 | | landlord and tenant, so as to provide for limitations on rent increases for seniors and veterans;2 |
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| 11 | 11 | | to provide for definitions; to provide for defense in dispossessory actions; to provide for an3 |
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| 12 | 12 | | automatic repeal; to provide for applicability; to provide for related matters; to repeal4 |
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| 13 | 13 | | conflicting laws; and for other purposes.5 |
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| 14 | 14 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 15 | 15 | | SECTION 1.7 |
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| 16 | 16 | | Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and8 |
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| 17 | 17 | | tenant, is amended by adding a new Code section to read as follows:9 |
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| 18 | 18 | | "44-7-25. |
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| 19 | 19 | | 10 |
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| 20 | 20 | | (a) As used in this Code section, the term:11 |
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| 21 | 21 | | (1) 'Dwelling unit' means a structure, or a room or group of rooms within a structure, that12 |
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| 22 | 22 | | is used as a primary residence by a tenant.13 |
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| 23 | 23 | | (2) 'Landlord' means an owner of record, agent, lessor, or sublessor, or the successor in14 |
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| 24 | 24 | | interest thereof, of a dwelling unit.15 |
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| 25 | 25 | | H. B. 1429 |
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| 26 | 26 | | - 1 - 24 LC 55 0273 |
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| 27 | 27 | | (3) 'Rent' means the consideration demanded or received in connection with the use and16 |
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| 28 | 28 | | occupancy of a dwelling unit. Such term does not include a security deposit or other fund17 |
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| 29 | 29 | | held in trust for the tenant but includes other fees, costs, and consideration, regardless of18 |
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| 30 | 30 | | whether such fee, cost, or consideration is denominated as rent.19 |
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| 31 | 31 | | (4) 'Rental agreement' means an oral, written, or implied agreement between a landlord20 |
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| 32 | 32 | | and a tenant for use or occupancy of a dwelling unit and associated services.21 |
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| 33 | 33 | | (5) 'Tenant' means an individual who is entitled by a rental agreement, subtenancy22 |
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| 34 | 34 | | approved by the landlord, or sufferance to occupy a dwelling unit and:23 |
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| 35 | 35 | | (A) Who is 62 years of age or older, a veteran, or both; and24 |
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| 36 | 36 | | (B) Whose primary source of income is from payments received pursuant to the federal25 |
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| 37 | 37 | | Social Security Act or the federal Veterans' Benefits Act, including retirement and26 |
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| 38 | 38 | | survivor's benefits, supplemental security income benefits, and disability income27 |
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| 39 | 39 | | benefits.28 |
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| 40 | 40 | | (6) 'Veteran' means an individual who served on active duty in the armed forces of the29 |
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| 41 | 41 | | United States and who was honorably discharged from such service.30 |
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| 42 | 42 | | (b) No landlord shall, over the course of a 12 month period, renew the rental agreement31 |
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| 43 | 43 | | or enter into a new rental agreement for a dwelling unit with the existing tenant of such32 |
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| 44 | 44 | | dwelling unit that increases the rent payable by the existing tenant for such dwelling unit33 |
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| 45 | 45 | | more than the lower of:34 |
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| 46 | 46 | | (1) Five percent of the lowest rent charged for that dwelling unit at any time during35 |
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| 47 | 47 | | the 12 months prior to the date on which the increase takes effect, plus the percentage rate36 |
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| 48 | 48 | | of change over such 12 month period reflected in the Consumer Price Index as reported37 |
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| 49 | 49 | | by the Bureau of Labor Statistics of the United States Department of Labor; or38 |
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| 50 | 50 | | (2) Ten percent of the lowest rent charged for that dwelling unit at any time during the 1239 |
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| 51 | 51 | | months prior to the date on which the increase takes effect.40 |
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| 52 | 52 | | H. B. 1429 |
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| 53 | 53 | | - 2 - 24 LC 55 0273 |
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| 54 | 54 | | (c) It shall be an affirmative defense and counterclaim in any dispossessory action filed41 |
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| 55 | 55 | | against a tenant that the landlord has charged rent in excess of the amount allowed under42 |
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| 56 | 56 | | this Code section.43 |
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| 57 | 57 | | (d) This Code section shall stand automatically repealed on January 1, 2034."44 |
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| 58 | 58 | | SECTION 2.45 |
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| 59 | 59 | | This Act shall apply to residential lease agreements that are entered into or renewed on or46 |
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| 60 | 60 | | after July 1, 2024.47 |
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| 61 | 61 | | SECTION 3.48 |
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| 62 | 62 | | All laws and parts of laws in conflict with this Act are repealed.49 |
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| 63 | 63 | | H. B. 1429 |
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| 64 | 64 | | - 3 - |
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