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