| 1 | 1 | | 25 LC 62 0027 |
|---|
| 2 | 2 | | House Bill 44 |
|---|
| 3 | 3 | | By: Representatives Davis of the 87 |
|---|
| 4 | 4 | | th |
|---|
| 5 | 5 | | , Scott of the 76 |
|---|
| 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 4 of Title 10 of the Official Code of Georgia Annotated, relating to |
|---|
| 13 | 13 | | 1 |
|---|
| 14 | 14 | | warehousemen, so as to establish specific protections for consumers using a self-service2 |
|---|
| 15 | 15 | | storage facility; to provide for definitions; to provide for requirements for an owner of a3 |
|---|
| 16 | 16 | | self-service storage facility; to provide for rental agreement requirements; to provide for4 |
|---|
| 17 | 17 | | unlawful, unfair, and deceptive trade practices; to amend Chapter 23 of Title 33 of the5 |
|---|
| 18 | 18 | | Official Code of Georgia Annotated, relating to licensing in insurance, so as to provide for6 |
|---|
| 19 | 19 | | certain disclosures by a limited licensee offering coverage for personal property stored at a7 |
|---|
| 20 | 20 | | self-service storage facility; to provide for requirements for such licensee; to provide for8 |
|---|
| 21 | 21 | | related matters; to provide for a short title; to provide for an effective date and applicability;9 |
|---|
| 22 | 22 | | to repeal conflicting laws; and for other purposes.10 |
|---|
| 23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
|---|
| 24 | 24 | | SECTION 1.12 |
|---|
| 25 | 25 | | This Act shall be known and may be cited as the "Protections for Consumers Using13 |
|---|
| 26 | 26 | | Self-service Storage Facilities Act."14 |
|---|
| 27 | 27 | | H. B. 44 |
|---|
| 28 | 28 | | - 1 - 25 LC 62 0027 |
|---|
| 29 | 29 | | SECTION 2. |
|---|
| 30 | 30 | | 15 |
|---|
| 31 | 31 | | Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to warehousemen,16 |
|---|
| 32 | 32 | | is amended by adding a new article to read as follows:17 |
|---|
| 33 | 33 | | "ARTICLE 6 |
|---|
| 34 | 34 | | 18 |
|---|
| 35 | 35 | | 10-4-220.19 |
|---|
| 36 | 36 | | As used in this article, the term:20 |
|---|
| 37 | 37 | | (1) 'Email' shall have the same meaning as set forth in Code Section 10-4-211.21 |
|---|
| 38 | 38 | | (2) 'Harborage' means any condition which provides shelter or protection or which favors22 |
|---|
| 39 | 39 | | the multiplication and continued existence of pests.23 |
|---|
| 40 | 40 | | (3) 'Infestation' means the presence of insects, rodents, or other pests in or around a24 |
|---|
| 41 | 41 | | self-service storage facility wherein the number of such pests may materially affect the25 |
|---|
| 42 | 42 | | health and safety of persons or the value of property at such facility.26 |
|---|
| 43 | 43 | | (4) 'Notice' means written communication of the information required by this article.27 |
|---|
| 44 | 44 | | (5) 'Occupant' shall have the same meaning as set forth in Code Section 10-4-211.28 |
|---|
| 45 | 45 | | (6) 'Owner' shall have the same meaning as set forth in Code Section 10-4-211.29 |
|---|
| 46 | 46 | | (7) 'Rental agreement' shall have the same meaning as set forth in Code30 |
|---|
| 47 | 47 | | Section 10-4-211.31 |
|---|
| 48 | 48 | | (8) 'Self-service storage facility' shall have the same meaning as set forth in Code32 |
|---|
| 49 | 49 | | Section 10-4-211.33 |
|---|
| 50 | 50 | | 10-4-221.34 |
|---|
| 51 | 51 | | (a) The owner of a self-service storage facility shall maintain such facility so that it meets35 |
|---|
| 52 | 52 | | applicable minimum building code requirements.36 |
|---|
| 53 | 53 | | (b) The owner of a self-service storage facility shall provide notice in a prominent and37 |
|---|
| 54 | 54 | | conspicuous location in such facility so as to be accessible to all occupants at all times of38 |
|---|
| 55 | 55 | | H. B. 44 |
|---|
| 56 | 56 | | - 2 - 25 LC 62 0027 |
|---|
| 57 | 57 | | the following information and shall update such notice within 30 days of any changes of39 |
|---|
| 58 | 58 | | such information:40 |
|---|
| 59 | 59 | | (1) The date the self-service storage facility was built;41 |
|---|
| 60 | 60 | | (2) The date and summary of any damage to such facility, including from weather42 |
|---|
| 61 | 61 | | events, flood, fire, or smoke, occurring within one calendar year of the posted notice;43 |
|---|
| 62 | 62 | | (3) The date and summary of any significant repair to such facility, including mold44 |
|---|
| 63 | 63 | | remediation, within one calendar year of the posted notice;45 |
|---|
| 64 | 64 | | (4) The date the roof of such facility was installed;46 |
|---|
| 65 | 65 | | (5) The date and summary of any significant repair to the roof of such facility within one47 |
|---|
| 66 | 66 | | calendar year of the posted notice;48 |
|---|
| 67 | 67 | | (6) The date and summary of any code enforcement inspection of such facility within49 |
|---|
| 68 | 68 | | one calendar year of the posted notice;50 |
|---|
| 69 | 69 | | (7) The date and summary of any pest control service for such facility within one51 |
|---|
| 70 | 70 | | calendar year of the posted notice:52 |
|---|
| 71 | 71 | | (8) The date and summary of any crime involving property damage, any crime involving53 |
|---|
| 72 | 72 | | theft, and any crime involving violence occurring in such facility within one calendar54 |
|---|
| 73 | 73 | | year of the posted notice; and55 |
|---|
| 74 | 74 | | (9) The date such information was last updated and posted.56 |
|---|
| 75 | 75 | | (c) Failure to establish and maintain the self-service storage facility as provided in57 |
|---|
| 76 | 76 | | subsection (a) of this Code section shall constitute a breach of the rental agreement.58 |
|---|
| 77 | 77 | | (d) Failure to post accurate information or updated information as provided in59 |
|---|
| 78 | 78 | | subsection (b) of this Code section shall constitute a breach of the rental agreement.60 |
|---|
| 79 | 79 | | 10-4-222.61 |
|---|
| 80 | 80 | | (a) The owner of a self-service storage facility shall control for the presence of insects,62 |
|---|
| 81 | 81 | | rodents, and other pests in and immediately surrounding such facility by:63 |
|---|
| 82 | 82 | | H. B. 44 |
|---|
| 83 | 83 | | - 3 - 25 LC 62 0027 |
|---|
| 84 | 84 | | (1) Establishing and maintaining sufficient controls to prevent the entry and presence of64 |
|---|
| 85 | 85 | | such pests;65 |
|---|
| 86 | 86 | | (2) Eliminating harborage conditions that attract such pests;66 |
|---|
| 87 | 87 | | (3) Routinely inspecting the premises for evidence of such pests; and67 |
|---|
| 88 | 88 | | (4) Using appropriate methods to prevent, control, and remove such pests.68 |
|---|
| 89 | 89 | | (b) Within 24 hours of knowledge of a confirmed infestation, the owner of a self-service69 |
|---|
| 90 | 90 | | storage facility shall post notice of such infestation in a prominent and conspicuous70 |
|---|
| 91 | 91 | | location in such facility so as to be accessible to all occupants at all times and shall notify71 |
|---|
| 92 | 92 | | all occupants of such infestation by email.72 |
|---|
| 93 | 93 | | (c) Failure to post the notice and notify occupants by email as provided in subsection (b)73 |
|---|
| 94 | 94 | | of this Code section shall constitute a breach of the rental agreement.74 |
|---|
| 95 | 95 | | 10-4-223.75 |
|---|
| 96 | 96 | | (a) The owner of a self-service storage facility shall establish and maintain a complaint76 |
|---|
| 97 | 97 | | system which provides reasonable procedures for the resolution of complaints initiated by77 |
|---|
| 98 | 98 | | occupants and shall maintain records of all written complaints initiated by occupants for78 |
|---|
| 99 | 99 | | five years from the time such complaint is filed.79 |
|---|
| 100 | 100 | | (b) The owner of a self-service storage facility shall provide a copy of the complaint log80 |
|---|
| 101 | 101 | | and any complaints related to code enforcement upon request by the code enforcement81 |
|---|
| 102 | 102 | | inspector investigating any complaint regarding such facility. Such complaint log and any82 |
|---|
| 103 | 103 | | complaints related to code enforcement shall be reviewed by such code enforcement83 |
|---|
| 104 | 104 | | inspector upon investigation of the facility.84 |
|---|
| 105 | 105 | | (c) Failure to establish and maintain a complaint system as provided in subsection (a) of85 |
|---|
| 106 | 106 | | this Code section or failure to provide the complaint log or any complaints as provided in86 |
|---|
| 107 | 107 | | subsection (b) of this Code section shall constitute a breach of the rental agreement.87 |
|---|
| 108 | 108 | | H. B. 44 |
|---|
| 109 | 109 | | - 4 - 25 LC 62 0027 |
|---|
| 110 | 110 | | 10-4-224.88 |
|---|
| 111 | 111 | | (a) The rental agreement for a unit in a self-service storage facility shall indicate at least89 |
|---|
| 112 | 112 | | the following information:90 |
|---|
| 113 | 113 | | (1) The monthly rate for the unit size;91 |
|---|
| 114 | 114 | | (2) The dollar amount per square foot for the unit;92 |
|---|
| 115 | 115 | | (3) Any fees associated with the transaction;93 |
|---|
| 116 | 116 | | (4) Whether the unit is climate controlled;94 |
|---|
| 117 | 117 | | (5) When and how the occupant may access the unit;95 |
|---|
| 118 | 118 | | (6) Whether the facility has an onsite manager; and96 |
|---|
| 119 | 119 | | (7) The maximum value of property allowed to be stored in the unit.97 |
|---|
| 120 | 120 | | (b) It shall be an unlawful, unfair, and deceptive trade practice for the owner of a98 |
|---|
| 121 | 121 | | self-service storage facility to:99 |
|---|
| 122 | 122 | | (1) Increase the monthly rate for a unit by more than 50 percent per calendar year;100 |
|---|
| 123 | 123 | | (2) Increase the monthly rate for a unit more frequently than twice per calendar year;101 |
|---|
| 124 | 124 | | (3) Advertise a monthly rate for a unit, unless the advertisement discloses a limitation102 |
|---|
| 125 | 125 | | of the duration of such rate;103 |
|---|
| 126 | 126 | | (4) Advertise that a unit is available at a certain monthly rate when there is an104 |
|---|
| 127 | 127 | | insufficient supply to meet reasonably expectable public demand, unless the105 |
|---|
| 128 | 128 | | advertisement discloses a limitation of quantity; and106 |
|---|
| 129 | 129 | | (5) Advertise that a unit may be used for a certain amount of property, whether by107 |
|---|
| 130 | 130 | | description, size, or value, but limit the recoverable value of property stored in such unit108 |
|---|
| 131 | 131 | | to less than such amount.109 |
|---|
| 132 | 132 | | (c) Nothing in this Code section shall prevent an owner of a self-service storage facility110 |
|---|
| 133 | 133 | | and an occupant from contracting to set a monthly rate or to provide for greater liability111 |
|---|
| 134 | 134 | | based on the replacement value of items stored in a unit in such facility.112 |
|---|
| 135 | 135 | | H. B. 44 |
|---|
| 136 | 136 | | - 5 - 25 LC 62 0027 |
|---|
| 137 | 137 | | 10-4-225.113 |
|---|
| 138 | 138 | | (a) Violations of the provisions of subsection (b) of Code Section 10-4-224 shall be subject114 |
|---|
| 139 | 139 | | to the same civil remedies and in the same manner as provided by Part 2 of Article 15 of115 |
|---|
| 140 | 140 | | Chapter 1 of this title, the 'Fair Business Practices Act of 1975,' for persons whose business116 |
|---|
| 141 | 141 | | or property has been injured or damaged as a result of an unfair or deceptive act or practice117 |
|---|
| 142 | 142 | | in violation of subsection (a) of Code Section 10-1-393.118 |
|---|
| 143 | 143 | | (b) The provisions of subsection (b) of Code Section 10-4-224 may be enforced by the119 |
|---|
| 144 | 144 | | state warehouse commissioner in the same manner as provided by Part 2 of Article 15 of120 |
|---|
| 145 | 145 | | Chapter 1 of this title, the 'Fair Business Practices Act of 1975,' for enforcement of the121 |
|---|
| 146 | 146 | | provisions of said part by the Attorney General against a person reasonably appearing to122 |
|---|
| 147 | 147 | | have engaged in an unfair or deceptive act or practice in violation of subsection (a) of Code123 |
|---|
| 148 | 148 | | Section 10-1-393, and the superior courts may grant injunctive relief and impose the same124 |
|---|
| 149 | 149 | | civil penalties for violations of injunctions as provided in said part."125 |
|---|
| 150 | 150 | | SECTION 3.126 |
|---|
| 151 | 151 | | Chapter 23 of Title 33 of the Official Code of Georgia Annotated, related to licensing in127 |
|---|
| 152 | 152 | | insurance, is amended by revising paragraphs (4) and (5) of subsection (e) of Code128 |
|---|
| 153 | 153 | | Section 33-23-12, relating to limited licenses, as follows:129 |
|---|
| 154 | 154 | | "(4) No insurance shall be issued pursuant to this subsection unless the limited licensee130 |
|---|
| 155 | 155 | | provides to a prospective occupant written material that:131 |
|---|
| 156 | 156 | | (A) Provides a summary of the terms of insurance coverage, including the identity of132 |
|---|
| 157 | 157 | | the insurer;133 |
|---|
| 158 | 158 | | (B) Conspicuously discloses that the policy of insurance may provide a duplication of134 |
|---|
| 159 | 159 | | coverage already provided by an existing policy of insurance;135 |
|---|
| 160 | 160 | | (C) Describes the process for filing a claim in the event the occupant elects to purchase136 |
|---|
| 161 | 161 | | coverage and experiences a covered loss;137 |
|---|
| 162 | 162 | | H. B. 44 |
|---|
| 163 | 163 | | - 6 - 25 LC 62 0027 |
|---|
| 164 | 164 | | (D) Provides information regarding the price, deductible, benefits, exclusions, |
|---|
| 165 | 165 | | 138 |
|---|
| 166 | 166 | | conditions, and any other limitations of such policy;139 |
|---|
| 167 | 167 | | (E) States that the limited licensee is not authorized to evaluate the adequacy of the140 |
|---|
| 168 | 168 | | occupant's existing insurance coverages, unless such limited licensee is otherwise141 |
|---|
| 169 | 169 | | licensed; and |
|---|
| 170 | 170 | | 142 |
|---|
| 171 | 171 | | (F) States that the occupant may cancel the insurance at any time, and any unearned143 |
|---|
| 172 | 172 | | premium will be refunded in accordance with applicable law;144 |
|---|
| 173 | 173 | | (G) Discloses any compensation the limited licensee, owner, or self-storage facility145 |
|---|
| 174 | 174 | | receives from the insurer for disseminating information about coverage or selling146 |
|---|
| 175 | 175 | | coverage to the occupant; and147 |
|---|
| 176 | 176 | | (H) States that the purchase of insurance is not required in order for the occupant to148 |
|---|
| 177 | 177 | | purchase any other product or service from the self-service storage facility.149 |
|---|
| 178 | 178 | | (5) Notwithstanding any other provision of this subsection or any rule adopted by the150 |
|---|
| 179 | 179 | | Commissioner, a limited licensee licensed pursuant to this subsection shall not be151 |
|---|
| 180 | 180 | | required to treat moneys collected from occupants under rental agreements as funds152 |
|---|
| 181 | 181 | | received in a fiduciary capacity, provided that and the charges for coverage shall be153 |
|---|
| 182 | 182 | | itemized and be ancillary to a rental agreement. The sale of insurance not in conjunction154 |
|---|
| 183 | 183 | | with a rental agreement shall not be permitted."155 |
|---|
| 184 | 184 | | SECTION 4.156 |
|---|
| 185 | 185 | | This Act shall become effective upon its approval by the Governor or upon its becoming law157 |
|---|
| 186 | 186 | | without such approval and shall apply to any rental agreements for self-service storage158 |
|---|
| 187 | 187 | | facilities renewed or entered into on or after July 1, 2025.159 |
|---|
| 188 | 188 | | SECTION 5.160 |
|---|
| 189 | 189 | | All laws and parts of laws in conflict with this Act are repealed.161 |
|---|
| 190 | 190 | | H. B. 44 |
|---|
| 191 | 191 | | - 7 - |
|---|