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