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