| 1 | 1 | | 25 LC 62 0113 |
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| 2 | 2 | | Senate Bill 257 |
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| 3 | 3 | | By: Senator James of the 28th |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | To amend Chapters 2 and 3 of Title 49 of the Official Code of Georgia Annotated, relating |
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| 7 | 7 | | 1 |
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| 8 | 8 | | to Department of Human Services and county and district departments, boards, and directors2 |
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| 9 | 9 | | of family and children services, respectively, so as to authorize local governments to adopt3 |
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| 10 | 10 | | and implement affordable family housing assistance programs; to provide for the application4 |
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| 11 | 11 | | and issuance of certificates of approval by the Division of Family and Children Services; to5 |
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| 12 | 12 | | provide for requirements for ordinances and resolutions; to provide for the revocation of such6 |
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| 13 | 13 | | certificates of approval by the division; to require the establishment of affordable family7 |
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| 14 | 14 | | housing assistance trust funds; to provide conditions and restrictions on financial assistance8 |
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| 15 | 15 | | offered through such affordable family housing assistance programs; to provide for reporting9 |
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| 16 | 16 | | requirements; to provide for the determination of median annual gross household incomes;10 |
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| 17 | 17 | | to authorize the promulgation of rules and regulations; to provide definitions; to provide for11 |
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| 18 | 18 | | related matters; to provide for an effective date; to repeal conflicting laws; and for other12 |
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| 19 | 19 | | purposes.13 |
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| 20 | 20 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 |
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| 21 | 21 | | S. B. 257 |
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| 22 | 22 | | - 1 - 25 LC 62 0113 |
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| 23 | 23 | | SECTION 1. |
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| 24 | 24 | | 15 |
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| 25 | 25 | | Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to Department of16 |
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| 26 | 26 | | Human Services, is amended in Code Section 49-2-6, relating to powers and duties, by17 |
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| 27 | 27 | | revising subsection (a) as follows:18 |
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| 28 | 28 | | "(a) The department shall administer or supervise all county departments of the state as19 |
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| 29 | 29 | | provided in Article 1 of |
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| 30 | 30 | | Chapter 3 of this title."20 |
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| 31 | 31 | | SECTION 2.21 |
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| 32 | 32 | | Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to county and22 |
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| 33 | 33 | | district departments, boards, and directors of family and children services, is amended by23 |
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| 34 | 34 | | designating Code Sections 49-3-1 through 49-3-9 as Article 1 and by adding a new article24 |
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| 35 | 35 | | to read as follows:25 |
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| 36 | 36 | | "ARTICLE 226 |
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| 37 | 37 | | 49-3-10.27 |
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| 38 | 38 | | As used in this article, the term:28 |
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| 39 | 39 | | (1) 'Affordable family housing' means:29 |
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| 40 | 40 | | (A) An owner occupied residential dwelling for which the annual mortgage payments,30 |
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| 41 | 41 | | taxes, homeowner's insurance premiums, and condominium or association fees, if any,31 |
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| 42 | 42 | | constitute no more than 30 percent of the median annual gross household income, as32 |
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| 43 | 43 | | determined by the division, for a household of the size that may occupy the dwelling33 |
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| 44 | 44 | | in the county where the dwelling is located; or34 |
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| 45 | 45 | | (B) A rented residential dwelling for which the annual rent and other associated fees35 |
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| 46 | 46 | | constitute no more than 30 percent of the median annual gross household income, as36 |
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| 47 | 47 | | determined by the division, for a household of the size that may occupy the dwelling37 |
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| 48 | 48 | | in the county where the dwelling is located.38 |
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| 49 | 49 | | S. B. 257 |
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| 50 | 50 | | - 2 - 25 LC 62 0113 |
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| 51 | 51 | | (2) 'Annual gross household income' means all wages and income received by each39 |
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| 52 | 52 | | member of a household from all sources, except those excluded by the division's rules40 |
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| 53 | 53 | | and regulations, in a calendar year.41 |
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| 54 | 54 | | (3) 'Division' means the Division of Family and Children Services of the Department of42 |
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| 55 | 55 | | Human Services.43 |
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| 56 | 56 | | (4) 'Eligible recipient' means a low-income person, a very low-income person, or an44 |
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| 57 | 57 | | eligible sponsor.45 |
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| 58 | 58 | | (5) 'Eligible sponsor' means an individual or entity that constructs, rehabilitates, or46 |
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| 59 | 59 | | otherwise makes affordable family housing available to the public.47 |
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| 60 | 60 | | (6) 'Homeless person' means an individual who is a resident of this state and who has no48 |
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| 61 | 61 | | reasonable access to either traditional or permanent housing which can be considered49 |
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| 62 | 62 | | safe, sanitary, decent, and affordable.50 |
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| 63 | 63 | | (7) 'Local government' means a county, municipal corporation, or consolidated51 |
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| 64 | 64 | | government.52 |
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| 65 | 65 | | (8) 'Low-income person' means a person who is living in a household that is located in53 |
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| 66 | 66 | | this state and that has an annual gross household income that exceeds 50 percent but does54 |
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| 67 | 67 | | not exceed 80 percent of the median annual gross household income, as determined by55 |
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| 68 | 68 | | the division, for households of the same size within the county where such household is56 |
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| 69 | 69 | | located and who has at least one minor dependent.57 |
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| 70 | 70 | | (9) 'Mortgage' means any indebtedness secured by a lien or security interest on a58 |
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| 71 | 71 | | residential dwelling that was incurred to pay for all or part of the purchase price of the59 |
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| 72 | 72 | | residential dwelling by the obligor or obligors of such indebtedness.60 |
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| 73 | 73 | | (10) 'Multifamily structure' means a building, other than a townhouse, that contains four61 |
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| 74 | 74 | | or more individual residential dwelling units, each of which is designed exclusively for62 |
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| 75 | 75 | | use and occupation by one family.63 |
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| 76 | 76 | | (11) 'Single-family residential dwelling' means:64 |
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| 77 | 77 | | S. B. 257 |
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| 78 | 78 | | - 3 - 25 LC 62 0113 |
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| 79 | 79 | | (A) A building that contains one residential dwelling unit and that is designed65 |
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| 80 | 80 | | exclusively for use and occupation by one family; or66 |
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| 81 | 81 | | (B) A townhouse.67 |
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| 82 | 82 | | (12) 'Townhouse' means an individual residential dwelling unit within a larger structure68 |
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| 83 | 83 | | that contains two or more attached residential dwelling units constructed in a row where69 |
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| 84 | 84 | | each residential dwelling unit is designed exclusively for use and occupation by one70 |
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| 85 | 85 | | family, is located on an individual lot or parcel, and shares at least one common wall with71 |
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| 86 | 86 | | an adjacent unit.72 |
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| 87 | 87 | | (13) 'Very low-income person' means:73 |
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| 88 | 88 | | (A) A person who is living in a household that is located in this state and that has an74 |
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| 89 | 89 | | annual gross household income that does not exceed 50 percent of the median annual75 |
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| 90 | 90 | | gross household income, as determined by the division, for households of the same size76 |
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| 91 | 91 | | within the county where such household is located and who has at least one minor77 |
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| 92 | 92 | | dependent; or78 |
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| 93 | 93 | | (B) A homeless person.79 |
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| 94 | 94 | | 49-3-11.80 |
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| 95 | 95 | | (a) On and after January 1, 2026, any local government in this state is authorized, but not81 |
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| 96 | 96 | | required, to adopt and implement by ordinance or resolution an affordable family housing82 |
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| 97 | 97 | | assistance program in its respective jurisdiction in accordance with the provisions of this83 |
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| 98 | 98 | | article.84 |
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| 99 | 99 | | (b) Such affordable family housing assistance program shall award loans, grants,85 |
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| 100 | 100 | | guarantees, or other forms of financial assistance to eligible recipients for the sole purpose86 |
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| 101 | 101 | | of:87 |
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| 102 | 102 | | (1) Constructing or rehabilitating affordable family housing or otherwise making88 |
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| 103 | 103 | | affordable family housing available to the public; or89 |
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| 104 | 104 | | S. B. 257 |
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| 105 | 105 | | - 4 - 25 LC 62 0113 |
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| 106 | 106 | | (2) Offering assistance for payment of security deposits, first month's rent, and final90 |
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| 107 | 107 | | month's rent to low-income persons or very low-income persons.91 |
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| 108 | 108 | | 49-3-12.92 |
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| 109 | 109 | | (a) Any local government that elects to establish an affordable family housing assistance93 |
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| 110 | 110 | | program pursuant to this article shall apply to the division for a certificate of approval. The94 |
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| 111 | 111 | | division shall, by rules and regulations, prescribe the form and manner of such application95 |
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| 112 | 112 | | for a certificate of approval.96 |
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| 113 | 113 | | (b) The division shall approve an application and issue a certificate of approval if the97 |
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| 114 | 114 | | division determines that the local government has adopted an ordinance or resolution98 |
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| 115 | 115 | | establishing an affordable family housing assistance program that complies with the99 |
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| 116 | 116 | | provisions of Code Section 49-3-13 and any rules or regulations promulgated by the100 |
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| 117 | 117 | | division pursuant to this article.101 |
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| 118 | 118 | | (c) After a certificate of approval has been issued to a local government pursuant to this102 |
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| 119 | 119 | | Code section, the division shall continue to monitor such local government's affordable103 |
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| 120 | 120 | | family housing assistance program to ensure its ordinance or resolution establishing the104 |
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| 121 | 121 | | program is still in effect and that such local government's actions are in conformance with105 |
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| 122 | 122 | | such ordinance or resolution.106 |
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| 123 | 123 | | 49-3-13.107 |
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| 124 | 124 | | (a) A local government shall not be issued a certificate of approval by the division under108 |
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| 125 | 125 | | Code Section 49-3-12 unless such local government adopts an ordinance or resolution109 |
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| 126 | 126 | | establishing an affordable family housing assistance program pursuant to this article. Such110 |
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| 127 | 127 | | ordinance or resolution shall:111 |
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| 128 | 128 | | (1) Establish and maintain an affordable family housing assistance trust fund in112 |
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| 129 | 129 | | accordance with the provisions of Code Section 49-3-15;113 |
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| 130 | 130 | | S. B. 257 |
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| 131 | 131 | | - 5 - 25 LC 62 0113 |
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| 132 | 132 | | (2) Establish specific loans, grants, guarantees, or other forms of financial assistance that114 |
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| 133 | 133 | | will be made available to eligible recipients through the affordable family housing115 |
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| 134 | 134 | | assistance program. Such loans, grants, guarantees, or other forms of financial assistance116 |
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| 135 | 135 | | shall be consistent with the provisions of this article and any rules and regulations117 |
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| 136 | 136 | | promulgated by the division and be limited to awards that will:118 |
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| 137 | 137 | | (A) Result in the construction or rehabilitation of affordable family housing or119 |
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| 138 | 138 | | otherwise make affordable family housing available to the public; or120 |
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| 139 | 139 | | (B) Offer assistance for payment of security deposits, first month's rent, and final121 |
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| 140 | 140 | | month's rent to low-income persons or very low-income persons;122 |
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| 141 | 141 | | (3) Establish eligibility criteria and terms and conditions for any loans, grants,123 |
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| 142 | 142 | | guarantees, or other forms of financial assistance that will be made available through the124 |
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| 143 | 143 | | affordable family housing assistance program. Such eligibility criteria and terms and125 |
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| 144 | 144 | | conditions shall be consistent with the provisions of this article and any rules and126 |
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| 145 | 145 | | regulations promulgated by the division pursuant to this article;127 |
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| 146 | 146 | | (4) Designate to a committee, council, or department of the local government the128 |
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| 147 | 147 | | responsibility of implementing and administering the affordable family housing129 |
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| 148 | 148 | | assistance program. Such committee, council, or department of the local government130 |
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| 149 | 149 | | shall be given the authority to adopt rules and regulations that are necessary to carry out131 |
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| 150 | 150 | | its duties in administering the affordable family housing assistance program and that are132 |
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| 151 | 151 | | not inconsistent with the provisions of this article or the rules and regulations133 |
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| 152 | 152 | | promulgated by the division pursuant to this article; and134 |
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| 153 | 153 | | (5) Provide for any other matter as may be required by the rules and regulations135 |
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| 154 | 154 | | promulgated by the division pursuant to this article.136 |
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| 155 | 155 | | (b) Any ordinance or resolution adopted by a local government that establishes an137 |
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| 156 | 156 | | affordable family housing assistance program pursuant to this article shall not become138 |
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| 157 | 157 | | effective until such local government is issued a certificate of approval by the division139 |
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| 158 | 158 | | pursuant to Code Section 49-3-12.140 |
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| 159 | 159 | | S. B. 257 |
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| 160 | 160 | | - 6 - 25 LC 62 0113 |
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| 161 | 161 | | 49-3-14.141 |
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| 162 | 162 | | (a) The division may revoke a certificate of approval issued to any local government142 |
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| 163 | 163 | | pursuant to Code Section 49-3-12 if the division determines that:143 |
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| 164 | 164 | | (1) The ordinance or resolution adopted by the local government establishing an144 |
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| 165 | 165 | | affordable family housing assistance program pursuant to this article is no longer in effect145 |
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| 166 | 166 | | or has been modified such that the ordinance or resolution no longer complies with the146 |
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| 167 | 167 | | provisions of Code Section 49-3-13;147 |
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| 168 | 168 | | (2) The local government's actions are not in conformance with the ordinance or148 |
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| 169 | 169 | | resolution establishing the affordable family housing assistance program pursuant to this149 |
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| 170 | 170 | | article; or150 |
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| 171 | 171 | | (3) The local government has failed to comply with the reporting obligations set forth151 |
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| 172 | 172 | | in Code Section 49-3-19.152 |
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| 173 | 173 | | (b) Upon the revocation of a certificate of approval pursuant to subsection (a) of this Code153 |
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| 174 | 174 | | section, the division shall notify the local government and the clerk of the superior court154 |
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| 175 | 175 | | of such revocation.155 |
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| 176 | 176 | | 49-3-15.156 |
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| 177 | 177 | | (a) An affordable family housing assistance trust fund established and maintained by a157 |
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| 178 | 178 | | local government pursuant to this article shall be kept separate from all other moneys and158 |
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| 179 | 179 | | accounts of the local government.159 |
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| 180 | 180 | | (b) All moneys appropriated to or otherwise made available by a local government to fund160 |
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| 181 | 181 | | an affordable family housing assistance program adopted pursuant to this article shall be161 |
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| 182 | 182 | | placed into such affordable family housing assistance trust fund by the local government.162 |
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| 183 | 183 | | (c) Disbursements from such affordable family housing assistance trust fund shall only be163 |
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| 184 | 184 | | made by the local government to:164 |
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| 185 | 185 | | S. B. 257 |
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| 186 | 186 | | - 7 - 25 LC 62 0113 |
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| 187 | 187 | | (1) Fund a loan, grant, guarantee, or other form of financial assistance that is awarded165 |
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| 188 | 188 | | to an eligible recipient in accordance with the provisions of this article and the rules and166 |
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| 189 | 189 | | regulations adopted by the division; or167 |
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| 190 | 190 | | (2) Provide for the payment of the costs and expenses associated with the local168 |
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| 191 | 191 | | government's administration of the affordable family housing assistance program adopted169 |
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| 192 | 192 | | pursuant to this article.170 |
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| 193 | 193 | | 49-3-16.171 |
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| 194 | 194 | | Any loans, grants, guarantees, or other forms of financial assistance offered by an172 |
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| 195 | 195 | | affordable family housing assistance program established pursuant to this article that are173 |
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| 196 | 196 | | intended to result in the construction or rehabilitation of affordable family housing or174 |
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| 197 | 197 | | otherwise make affordable family housing available to the public shall only be awarded to175 |
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| 198 | 198 | | eligible sponsors that contractually agree to use the proceeds of such assistance to:176 |
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| 199 | 199 | | (1) Construct, rehabilitate, or otherwise make available to the public multiple177 |
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| 200 | 200 | | single-family residential dwellings, each of which will constitute affordable family178 |
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| 201 | 201 | | housing, or one or more multifamily structures whose individual residential dwelling179 |
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| 202 | 202 | | units will constitute affordable family housing;180 |
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| 203 | 203 | | (2) Reserve at least 40 percent of such constructed or rehabilitated residential dwellings181 |
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| 204 | 204 | | for rent to low-income persons; and182 |
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| 205 | 205 | | (3) Reserve at least 20 percent of such constructed or rehabilitated residential dwellings183 |
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| 206 | 206 | | for rent to very low-income persons.184 |
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| 207 | 207 | | 49-3-17.185 |
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| 208 | 208 | | Any affordable family housing assistance program established pursuant to this article that186 |
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| 209 | 209 | | offers assistance for payment of security deposits, first month's rent, and final month's rent187 |
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| 210 | 210 | | to low-income persons or very low-income persons shall only offer such assistance to188 |
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| 211 | 211 | | low-income persons or very low-income persons.189 |
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| 212 | 212 | | S. B. 257 |
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| 213 | 213 | | - 8 - 25 LC 62 0113 |
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| 214 | 214 | | 49-3-18.190 |
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| 215 | 215 | | In addition to the provisions of this article, the division shall establish, through rules and191 |
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| 216 | 216 | | regulations, further terms, conditions, and restrictions of any assistance provided through192 |
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| 217 | 217 | | an affordable family housing assistance program established pursuant to this article that the193 |
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| 218 | 218 | | division determines are necessary to ensure that such assistance is appropriately and194 |
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| 219 | 219 | | efficiently awarded and utilized.195 |
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| 220 | 220 | | 49-3-19.196 |
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| 221 | 221 | | (a) Each local government that establishes an affordable family housing assistance197 |
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| 222 | 222 | | program pursuant to this article shall annually file with the division a report specifying and198 |
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| 223 | 223 | | accounting for:199 |
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| 224 | 224 | | (1) All moneys deposited into and disbursed from the affordable family housing200 |
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| 225 | 225 | | assistance trust fund established and maintained pursuant to this article;201 |
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| 226 | 226 | | (2) All loans, grants, guarantees, or other forms of financial assistance awarded by the202 |
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| 227 | 227 | | local government through such program; and203 |
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| 228 | 228 | | (3) Such other information as may be required by the rules and regulations promulgated204 |
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| 229 | 229 | | by the division pursuant to this article.205 |
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| 230 | 230 | | (b) The division shall, by rules and regulations, specify the form and manner that the206 |
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| 231 | 231 | | annual report required under subsection (a) of this Code section shall be filed.207 |
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| 232 | 232 | | 49-3-20.208 |
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| 233 | 233 | | (a) The division shall annually determine and publish on its website the median annual209 |
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| 234 | 234 | | gross household incomes in each county of this state for households that have between one210 |
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| 235 | 235 | | and eight persons. In making such determinations, the division may rely on data and211 |
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| 236 | 236 | | information provided by the United States Census Bureau, the United States Department212 |
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| 237 | 237 | | of Housing and Urban Development, the United States Department of Labor, the United213 |
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| 238 | 238 | | S. B. 257 |
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| 239 | 239 | | - 9 - 25 LC 62 0113 |
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| 240 | 240 | | States Department of Commerce, and any other source that the division determines is214 |
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| 241 | 241 | | accurate and reliable.215 |
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| 242 | 242 | | (b) The median annual gross household incomes for each county determined and published216 |
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| 243 | 243 | | by the division pursuant to subsection (a) of this Code section shall be used to determine217 |
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| 244 | 244 | | whether individuals meet the definition of low-income persons or very low-income218 |
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| 245 | 245 | | persons.219 |
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| 246 | 246 | | 49-3-21.220 |
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| 247 | 247 | | (a) The division shall promulgate all rules and regulations required by this article and any221 |
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| 248 | 248 | | further rules and regulations that are not inconsistent with the provisions of this article and222 |
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| 249 | 249 | | that the division deems necessary and proper to administer the provisions of this article.223 |
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| 250 | 250 | | (b) The initial rules and regulations governing affordable family housing assistance224 |
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| 251 | 251 | | programs established pursuant to this article shall be promulgated and adopted by the225 |
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| 252 | 252 | | division by October 1, 2025, after an opportunity has been provided for public comment.226 |
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| 253 | 253 | | (c) The rules and regulations promulgated by the division pursuant to this article shall be227 |
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| 254 | 254 | | subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"228 |
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| 255 | 255 | | SECTION 3.229 |
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| 256 | 256 | | This Act shall become effective on July 1, 2025.230 |
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| 257 | 257 | | SECTION 4.231 |
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| 258 | 258 | | All laws and parts of laws in conflict with this Act are repealed.232 |
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| 259 | 259 | | S. B. 257 |
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| 260 | 260 | | - 10 - |
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