Georgia 2025-2026 Regular Session

Georgia House Bill HB679 Compare Versions

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

Old	New	Differences
1	1	25 LC 60 0109
2	2	House Bill 679
3	3	By: Representatives Sanchez of the 42
4	4	nd
5	5	, Frye of the 122
6	6	nd
7	7	, Cummings of the 39
8	8	th
9	9	, Bell of the
10	10	75
11	11	th
12	12	, and Taylor of the 92
13	13	nd
14	14
15	15	A BILL TO BE ENTITLED
16	16	AN ACT
17	17	To amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal
18	18	1
19	19	and void contracts generally, so as to prohibit certain agreements involving rental2
20	20	price-fixing as unenforceable contracts in general restraint of trade with respect to residential3
21	21	rental properties; to provide for a criminal penalty; to provide for statutory construction; to4
22	22	provide for a short title; to provide for an effective date and applicability; to provide for5
23	23	related matters; to repeal conflicting laws; and for other purposes.6
24	24	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
25	25	SECTION 1.8
26	26	This Act shall be known and may be cited as the "End Rental Price-Fixing Act."9
27	27	SECTION 2.10
28	28	The General Assembly finds that there is a housing crisis in Georgia. For many years, the11
29	29	cost of living in Georgia has been low, providing benefits to existing Georgians and12
30	30	encouraging future residents to move to Georgia. However, the cost of housing in Georgia13
31	31	has begun to rise steeply. One factor in this recent increase is coordination among landlords14
32	32	to fix rental prices. In 2024, the U.S. Department of Justice sued a Georgia landlord over15
33	33	H. B. 679
34	34	- 1 - 25 LC 60 0109
35	35	price-fixing. This coordination not only undermines market competition, but it also threatens
36	36	16
37	37	the financial well-being of Georgians. The General Assembly finds, therefore, that this Act17
38	38	is necessary to protect the general welfare of Georgians.18
39	39	SECTION 3.19
40	40	Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void20
41	41	contracts generally, is amended by adding a new Code section to read as follows:21
42	42	"13-8-5.
43	43	22
44	44	(a) As used in this Code section, the term:23
45	45	(1) 'Agreement' means any contract, combination, or other agreement, whether verbal or24
46	46	written.25
47	47	(2) 'Coordinator' means an individual who uses or causes to be used a system, software,26
48	48	or process that performs a coordinating function for one or more landlords that compete27
49	49	in the same or a similar market, including a landlord that is performing a coordinating28
50	50	function for the landlord's own benefit.29
51	51	(3) 'Landlord' means the owner, lessor, or sublessor of a residential property or any30
52	52	person designated as an agent or representative of the owner, lessor, or sublessor,31
53	53	including, but not limited to, an agent, a resident manager, or a designated property32
54	54	manager.33
55	55	(4) 'Person' means any individual, partnership, association, firm, public or private34
56	56	corporation, trust, or unincorporated organization. Such term shall include a coordinator35
57	57	or a landlord.36
58	58	(5) 'Price-fixing' means any agreement between two or more landlords that compete in37
59	59	the same or a similar market to raise, lower, change, maintain, or otherwise manipulate38
60	60	the rental price of two or more residential properties based on a price-fixing function.39
61	61	(6) 'Price-fixing function' means:40
62	62	H. B. 679
63	63	- 2 - 25 LC 60 0109
64	64	(A) Collecting historical or contemporaneous rental prices, supply levels, or rental41
65	65	agreement termination and renewal dates of residential properties, including nonpublic42
66	66	information, from two or more landlords that compete in the same or a similar market;43
67	67	(B) Analyzing or processing the information described in subparagraph (A) of this44
68	68	paragraph through the use of a system, software, or process that uses computation,45
69	69	including, but not limited to, a computational process that uses machine learning or46
70	70	other artificial intelligence techniques; and47
71	71	(C) Recommending rental prices, rental agreement renewal terms, or ideal occupancy48
72	72	levels to a landlord.49
73	73	(7) 'Rental agreement' means any lease, rental, or other written agreement entered into50
74	74	by a landlord and a tenant in order for such tenant to lease, sublease, let, or accept a grant51
75	75	for consideration the right to possess and enjoy the use of a residential property.52
76	76	(8) 'Rental price' means any consideration a tenant must pay in order to lease, sublease,53
77	77	let, or accept a grant of the right to possess and enjoy the use of a residential property54
78	78	either for a fixed time or at the will of the landlord.55
79	79	(9) 'Residential property' means any building, structure, or portion thereof which is used56
80	80	or occupied as, or designed or intended for use or occupancy as, a residence.57
81	81	(b) No person shall enter into or cause to be entered into an agreement involving58
82	82	price-fixing. Any such agreement shall be deemed an unenforceable contract in general59
83	83	restraint of trade as provided in Code Section 13-8-2, and any person that enters into or60
84	84	causes to be entered into such an agreement shall, upon conviction thereof, be guilty of a61
85	85	felony and be punished by imprisonment for not less than one nor more than five years, or62
86	86	by a fine of not less than $1,000.00 nor more than $5,000.00, or by both imprisonment and63
87	87	fine.64
88	88	(c) No landlord shall set rental prices based on a price-fixing function.65
89	89	(d) Nothing in this Code section shall be construed to apply to, impair, or otherwise66
90	90	prohibit actions taken by a person or any federal, state, or local governmental entity, or any67
91	91	H. B. 679
92	92	- 3 - 25 LC 60 0109
93	93	official, employee, or agent thereof, while in the exercise or performance of any power or68
94	94	duty imposed by a federal or state affordable or low-income housing law, program, or69
95	95	initiative."70
96	96	SECTION 4.71
97	97	This Act shall become effective upon its approval by the Governor or upon its becoming law72
98	98	without such approval and shall apply to all agreements related to residential property73
99	99	entered into on or after such date and to all renewals, modifications, or extensions of such74
100	100	agreements entered into on or after such date.75
101	101	SECTION 5.76
102	102	All laws and parts of laws in conflict with this Act are repealed.77
103	103	H. B. 679
104	104	- 4 -