Georgia 2025-2026 Regular Session

Georgia House Bill HB399 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 HB 399/AP
2		-	House Bill 399 (AS PASSED HOUSE AND SENATE)
3		-	By: Representatives Oliver of the 84
4		-	th
5		-	, Olaleye of the 59
6		-	th
7		-	, Burnough of the 77
8		-	th
9		-	, Blackmon
10		-	of the 146
11		-	th
12		-	, Frye of the 122
13		-	nd
14		-	, and others
	1	+	25 HB 399/SCSFA
	2	+	SENATE SUBSTITUTE TO HB 399
	3	+	ADOPTED SENATE
15	4		A BILL TO BE ENTITLED
16	5		AN ACT
17		-	To amend Article 2 of Chapter 74 of Title 36 of the Official Code of Georgia Annotated,
18		-	1
	6	+	To amend Article 2 of Chapter 74 of Title 36 of the Official Code of Georgia Annotated,1
19	7		relating to local enforcement boards created on or after January 1, 2003, so as to require that2
20	8		certain information regarding the property managers of certain properties is provided upon3
21	9		request of a code enforcement officer; to amend Article 1 of Chapter 7 of Title 44 of the4
22	10		Official Code of Georgia Annotated, relating to landlords and tenants in general, so as to5
23	11		require certain residential landlords to have in-state staff to manage tenant communications6
24	12		related to such properties; to amend Chapter 40 of Title 43 of the Official Code of Georgia7
25	13		Annotated, relating to real estate brokers and salespersons, so as to revise provisions related8
26	14		to persons exempted from such chapter; to provide for related matters; to repeal conflicting9
27	15		laws; and for other purposes.10
28	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
29	17		SECTION 1.12
30	18		Article 2 of Chapter 74 of Title 36 of the Official Code of Georgia Annotated, relating to13
31	19		local enforcement boards created on or after January 1, 2003, is amended in Code14
32	20		Section 36-74-30, relating to other enforcement methods and probable cause for investigation15
33	21		required, by revising subsection (b) as follows:16
34		-	H. B. 399
35		-	- 1 - 25 HB 399/AP
36		-	"(b) No local government is authorized to perform investigations or inspections of
37		-	17
	22	+	- 1 - 25 HB 399/SCSFA
	23	+	"(b) No local government is authorized to perform investigations or inspections of17
38	24		residential rental property unless there is probable cause to believe there is or has been a18
39	25		violation or violations of applicable codes, and in no event may a local government require19
40	26		the registration of residential rental property. Conditions which appear to be code20
41		-	violations which are in plain view may form the basis for probable cause. If there is
42		-	21
	27	+	violations which are in plain view may form the basis for probable cause. If there is21
43	28		probable cause to believe that there is or has been a violation or violations of applicable22
44	29		codes on such a property managed by a person licensed pursuant to Chapter 40 of Title 43,23
45	30		upon request of a code enforcement officer, the tenant of such property shall provide the24
46	31		name, license number, and contact information for the property manger."25
47	32		SECTION 2.26
48	33		Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to27
49	34		landlords and tenants in general, is amended by adding a new Code section to read as28
50	35		follows:29
51	36		"44-7-25.30
52	37		(a) Any landlord that is not a resident of this state that owns or operates single-family or31
53	38		duplex residential rental properties in this state shall employ a broker licensed pursuant to32
54	39		Chapter 40 of Title 43, that may or may not reside within this state. If the broker does not33
55	40		reside within this state, the broker shall employ at least one person, to be located within this34
56	41		state, who shall be responsible for receiving, coordinating, managing, and responding to35
57	42		communications from tenants of such landlord related to maintenance and other issues36
58	43		related to such properties.37
59	44		(b) The exemptions set forth in paragraphs (7) and (8) of subsection (a) of Code38
60	45		Section 43-40-29 shall not apply to any landlord that is not a resident of this state that owns39
61	46		or operates single-family or duplex residential rental properties as provided for in40
62	47		subsection (a) of this Code section."41
63		-	H. B. 399
64		-	- 2 - 25 HB 399/AP
65		-	SECTION 3.
66		-	42
	48	+	- 2 - 25 HB 399/SCSFA
	49	+	SECTION 3.42
67	50		Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate43
68	51		brokers and salespersons, is amended in Code Section 43-40-29, relating to exceptions to44
69	52		operation of chapter, by revising subsection (a) as follows:45
70	53		"(a) Except as otherwise provided, this chapter shall not apply to:46
71		-	(1) Any person who, as owner, as the spouse of an owner, as the family member of an
72		-	47
	54	+	(1) Any person who, as owner, as the spouse of an owner, as the family member of an47
73	55		owner, as that term is defined in rules promulgated by the Commission, as general partner48
74	56		of a limited partnership as an officer of a limited liability company, as lessor, or as49
75	57		prospective purchaser or their regular employees, performs any act with reference to50
76	58		property owned, leased, or to be acquired by such owner, limited partnership, lessor, or51
77	59		prospective purchaser where such acts are performed in the regular course of, or as52
78	60		incident to, the management of such property and the investment therein or any person53
79	61		who manages residential apartment complexes under a contract approved by any federal54
80	62		agency for an organization which is exempt from federal taxes pursuant to Section55
81	63		501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, provided that56
82	64		such person was engaged in managing such property under such type contract prior to57
83	65		January 1, 1989;58
84	66		(2) An attorney in fact under a duly executed power of attorney to convey real estate59
85	67		from the owner or lessor;60
86	68		(3) A licensed practicing attorney acting solely as an incident to the practice of law;61
87	69		(4) Any person acting as receiver, trustee in bankruptcy, administrator, executor, or62
88	70		guardian or acting under a court order or under the authority of a will or of a trust63
89	71		instrument;64
90	72		(5) Any officer or employee of a government agency in the conduct of official duties;65
91	73		(6) Any person employed by a public or private utility who performs any act with66
92	74		reference to property owned, leased, or to be acquired by the utility employing that67
93		-	H. B. 399
94		-	- 3 - 25 HB 399/AP
95		-	person, where such acts are performed in the regular course of, or as incident to, the
96		-	68
	75	+	- 3 - 25 HB 399/SCSFA
	76	+	person, where such acts are performed in the regular course of, or as incident to, the68
97	77		management of such property and the investment therein;69
98		-	(7) Any person who, as owner or through another person engaged by such owner on a
99		-	70
	78	+	(7) Any person who, as owner or through another person engaged by such owner on a70
100	79		full-time basis or as owner of a management company whose principals hold a71
101	80		controlling ownership of such property, provides property management services or72
102	81		community association management services, buys, sells, leases, manages, auctions, or73
103	82		otherwise deals with property owned by such person;74
104	83		(8) Any person employed on a full-time basis by the owner of property for the purpose75
105	84		of providing property management services or community association management76
106	85		services, selling, buying, leasing, managing, auctioning, or otherwise dealing with such77
107	86		property;78
108	87		(8.1) Any person employed on a full-time basis by a community association for the79
109	88		purpose of providing community association management services;80
110	89		(9) Any person acting as a referral agent who is not involved in the actual negotiations,81
111	90		execution of documents, collection of rent, management of property, or other related82
112	91		activity which involves more than the mere referral of one person to another and who:83
113	92		(A) Does not receive a fee for such referral from the party being referred;84
114	93		(B) Does not charge an advance fee; and85
115	94		(C) Does not act as a referral agent in more than three transactions per year;86
116	95		(10) Any individual employed by a broker to assist in property management services on87
117	96		property on which the broker has a written management agreement that the broker88
118	97		procured from and negotiated with the owner, provided that such individual's activities89
119	98		are explicitly authorized by the broker in a written agreement between the broker and the90
120	99		employee and provided that such activities are limited to one or more of the following:91
121	100		(A) Delivering a lease application, a lease, or any amendment thereto to any person;92
122		-	H. B. 399
123		-	- 4 - 25 HB 399/AP
124		-	(B) Receiving a lease application, a lease, or any amendment thereto, a security
125		-	93
	101	+	- 4 - 25 HB 399/SCSFA
	102	+	(B) Receiving a lease application, a lease, or any amendment thereto, a security93
126	103		deposit, rental payment, or any related payment for delivery to and made payable to the94
127	104		broker or the owner;95
128	105		(C) Showing a rental unit to any person, provided that the employee is acting under the96
129	106		direct instructions of the broker, and executing leases or rental agreements;97
130	107		(D) Providing information authorized by the broker about a rental unit, a lease98
131	108		application, or a lease;99
132	109		(E) Providing information to a tenant about the status of such tenant's security deposit100
133	110		or rent payments or to an owner about the owner's financial accounts and payments101
134	111		from the owner's tenants; and102
135	112		(F) Performing any ministerial acts that are explicitly authorized by the broker in a103
136	113		written agreement between the broker and the employee.104
137	114		Any broker utilizing the services of such an employee shall be held responsible under this105
138	115		chapter for the activities of that individual;106
139	116		(11) Any person who provides property management services on properties available for107
140	117		less than 90 days' occupancy by guests or occupants and meets all of the following108
141	118		conditions:109
142	119		(A) The property manager enters into a written agreement with the owner specifying110
143	120		all terms and conditions under which the property is to be managed, the reporting of111
144	121		income and expenses, and the remitting of income to the owner;112
145	122		(B) The management agreement between the property manager and the owner does not113
146	123		allow the property manager to rent or lease the property and any agreement between the114
147	124		property manager and the guest or occupant is not a lease or rental agreement;115
148	125		(C) Any applicable zoning laws do not prohibit short-term occupancy uses of the116
149	126		property;117
150	127		(D) The guest's or occupant's occupancy is for less than 90 days;118
151	128		(E) No deposit exceeds the cost of the rental required for the minimum rental period;119
152		-	H. B. 399
153		-	- 5 - 25 HB 399/AP
154		-	(F) The guest or occupant pays any required state or local sales taxes or excise taxes
155		-	120
	129	+	- 5 - 25 HB 399/SCSFA
	130	+	(F) The guest or occupant pays any required state or local sales taxes or excise taxes120
156	131		on rooms, lodgings, and accommodations and the property manager has any required121
157	132		state or local business licenses or permits;122
158	133		(G) The property manager has the authority to specify rooms or units that the guest or123
159	134		occupant will occupy;124
160	135		(H) No extra charge is made for basic utilities;125
161	136		(I) Notice is not required for a guest or occupant to terminate occupancy of the room126
162	137		or unit, except as provided under the provisions of Article 1 of Chapter 21 of this title;127
163	138		and128
164	139		(J) The room or unit is not the permanent residence of the guest or occupant;129
165	140		(12) Any person who is a member of a community association and who provides130
166	141		community association management services only to one community association of131
167	142		which such person is a member;132
168	143		(13) Any person who performs only physical maintenance on a property; or133
169	144		(14) A licensed certified public accountant acting solely as an incident to the practice of134
170	145		public accounting."135
171	146		SECTION 4.136
172	147		All laws and parts of laws in conflict with this Act are repealed.137
173		-	H. B. 399
174	148		- 6 -