| 1 | 1 | | 25 LC 44 3019ER |
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| 2 | 2 | | Senate Bill 272 |
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| 3 | 3 | | By: Senators Kemp of the 38th, Jones II of the 22nd, Jackson of the 41st, Parent of the 44th, |
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| 4 | 4 | | Halpern of the 39th and others |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, |
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| 8 | 8 | | 1 |
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| 9 | 9 | | relating to general provisions regarding landlord and tenant, so as to prohibit landlords from2 |
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| 10 | 10 | | requiring tenants to provide income information; to authorize tenants to withhold rent3 |
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| 11 | 11 | | payments under certain conditions; to provide for liability of landlords; to prohibit certain4 |
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| 12 | 12 | | late fees; to provide for habitability; to prohibit retaliation; to provide for fair housing; to5 |
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| 13 | 13 | | provide for definitions; to provide for related matters; to repeal conflicting laws; and for6 |
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| 14 | 14 | | other purposes.7 |
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| 15 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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| 16 | 16 | | SECTION 1.9 |
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| 17 | 17 | | Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to10 |
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| 18 | 18 | | general provisions regarding landlord and tenant, is amended by revising Code11 |
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| 19 | 19 | | Section 44-7-13, relating to landlord's duties as to repairs and improvements, as follows:12 |
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| 20 | 20 | | "44-7-13.13 |
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| 21 | 21 | | (a) As used in this Code section, the term 'fit for human habitation' means a premises that |
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| 22 | 22 | | 14 |
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| 23 | 23 | | has:15 |
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| 24 | 24 | | (1) Functioning electrical systems;16 |
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| 25 | 25 | | S. B. 272 |
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| 26 | 26 | | - 1 - 25 LC 44 3019ER |
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| 27 | 27 | | (2) Plumbing and properly functioning sanitary facilities;17 |
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| 28 | 28 | | (3) Availability of hot and cold water;18 |
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| 29 | 29 | | (4) Appliances that are properly installed and in safe working condition;19 |
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| 30 | 30 | | (5) No evidence of mold;20 |
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| 31 | 31 | | (6) Operable fire, smoke, and carbon monoxide detectors; and21 |
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| 32 | 32 | | (7) Buildings, grounds, and common areas that are maintained as clean, sanitary, and free22 |
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| 33 | 33 | | from debris, garbage, rodents, insects, and vermin.23 |
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| 34 | 34 | | (b) The landlord shall keep the premises in repair and shall be liable for all substantial24 |
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| 35 | 35 | | improvements placed upon the premises by such landlord's consent.25 |
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| 36 | 36 | | (b)(c) Any contract, lease, license, or similar agreement, oral or written, for the use or26 |
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| 37 | 37 | | rental of real property as a dwelling place is deemed to include a provision that the27 |
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| 38 | 38 | | premises is fit for human habitation."28 |
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| 39 | 39 | | SECTION 2.29 |
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| 40 | 40 | | Said article is further amended by revising subsection (a) of Code Section 44-7-14.1, relating30 |
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| 41 | 41 | | to landlord's duties as to utilities, as follows:31 |
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| 42 | 42 | | "(a) As used in this Code section, the term 'utilities' means cooling, heat, light, and hot and32 |
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| 43 | 43 | | cold water service."33 |
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| 44 | 44 | | SECTION 3.34 |
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| 45 | 45 | | Said article is further amended by adding new Code sections to read as follows:35 |
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| 46 | 46 | | "44-7-25.36 |
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| 47 | 47 | | (a) A landlord shall not require that a prospective tenant be required to earn at or above37 |
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| 48 | 48 | | three times the monthly allotted rent when the prospective tenant is using any type of38 |
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| 49 | 49 | | government voucher to subsidize their rent. This includes but is not limited to:39 |
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| 50 | 50 | | (1) Housing Choice Vouchers;40 |
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| 51 | 51 | | (2) Tenant Protection Vouchers;41 |
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| 52 | 52 | | S. B. 272 |
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| 53 | 53 | | - 2 - 25 LC 44 3019ER |
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| 54 | 54 | | (3) Project Based Vouchers;42 |
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| 55 | 55 | | (4) Veterans Affairs Supportive Housing Vouchers;43 |
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| 56 | 56 | | (5) Emergency Housing Vouchers; and44 |
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| 57 | 57 | | (6) Enhanced Vouchers.45 |
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| 58 | 58 | | (b)(1) A tenant may withhold rent payments or have a condition repaired or remedied46 |
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| 59 | 59 | | and may deduct the cost from a subsequent rent payment as provided in this subsection.47 |
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| 60 | 60 | | (2) The tenant's deduction for the cost of the repair or remedy shall not exceed the48 |
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| 61 | 61 | | amount of one month's rent under the lease or $500.00, whichever is greater. However,49 |
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| 62 | 62 | | if the tenant's rent is subsidized in whole or in part by a governmental agency, the50 |
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| 63 | 63 | | deduction limitation of one month's rent shall be the fair market rent for the dwelling and51 |
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| 64 | 64 | | not the rent that the tenant pays. The fair market rent shall be determined by the52 |
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| 65 | 65 | | governmental agency subsidizing the rent, or in the absence of such a determination, it53 |
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| 66 | 66 | | shall be a reasonable amount of rent under the circumstances.54 |
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| 67 | 67 | | (3) Repairs and deductions under this subsection may be made as often as necessary so55 |
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| 68 | 68 | | long as the total repairs and deductions in any one month do not exceed one month's rent56 |
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| 69 | 69 | | or $500.00, whichever is greater.57 |
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| 70 | 70 | | (c) A landlord is liable to a tenant as provided by this article if:58 |
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| 71 | 71 | | (1) The tenant has given the landlord notice to repair or remedy a condition by giving59 |
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| 72 | 72 | | such notice to the person to whom or to the place where the tenant's rent is normally paid60 |
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| 73 | 73 | | or electronically via email;61 |
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| 74 | 74 | | (2) The condition materially affects the physical health or safety of an ordinary tenant62 |
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| 75 | 75 | | or would make the dwelling place unfit for human habitation;63 |
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| 76 | 76 | | (3) The tenant has given the landlord a subsequent written notice to repair or remedy the64 |
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| 77 | 77 | | condition after a reasonable time to repair or remedy the condition following the notice65 |
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| 78 | 78 | | by sending such notice by a method specified in the lease or by a method accepted by the66 |
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| 79 | 79 | | landlord in practice, or by certified mail, return receipt requested, by registered mail, by67 |
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| 80 | 80 | | S. B. 272 |
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| 81 | 81 | | - 3 - 25 LC 44 3019ER |
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| 82 | 82 | | email, or by another form of mail that allows tracking of delivery from the United States68 |
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| 83 | 83 | | Postal Service or from a private delivery service;69 |
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| 84 | 84 | | (4) The landlord has had a reasonable time to repair or remedy the condition after the70 |
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| 85 | 85 | | landlord received the tenant's notices; and71 |
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| 86 | 86 | | (5) The landlord has not made a diligent effort to repair or remedy the condition after the72 |
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| 87 | 87 | | landlord received the tenant's notice and subsequent notice.73 |
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| 88 | 88 | | (d) A tenant whose landlord is liable under this Code section may:74 |
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| 89 | 89 | | (1) Terminate the lease;75 |
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| 90 | 90 | | (2) Withhold rent payments until the condition is repaired or remedied;76 |
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| 91 | 91 | | (3) Deduct from the tenant's rent, without necessity of judicial action, the cost of the77 |
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| 92 | 92 | | repair or remedy; and78 |
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| 93 | 93 | | (4) Obtain judicial remedies.79 |
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| 94 | 94 | | (e) If the tenant chooses to withhold rent payments under this Code section, the tenant may80 |
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| 95 | 95 | | withhold rent until the repair or remedy is completed. The tenant shall pay all rent owed81 |
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| 96 | 96 | | within five business days following the date the repair or remedy is completed. The tenant82 |
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| 97 | 97 | | may not withhold rent payments that came due before the tenant notified the landlord of83 |
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| 98 | 98 | | the condition in need of repair or remedy.84 |
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| 99 | 99 | | (f) No late fee may be charged for rent properly withheld under this Code section.85 |
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| 100 | 100 | | (g) A landlord shall have a reasonable period of time to cure any condition or habitability86 |
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| 101 | 101 | | violation of a dwelling place. In determining whether a period of time is a reasonable time87 |
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| 102 | 102 | | to repair or remedy a condition, there is a rebuttable presumption that ten days is a88 |
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| 103 | 103 | | reasonable time. To rebut that presumption, several factors may be considered, including89 |
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| 104 | 104 | | but not limited to the following:90 |
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| 105 | 105 | | (1) The date on which the landlord received the notice;91 |
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| 106 | 106 | | (2) The severity and scope and nature of the condition; and92 |
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| 107 | 107 | | (3) The reasonable availability of materials and labor.93 |
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| 108 | 108 | | S. B. 272 |
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| 109 | 109 | | - 4 - 25 LC 44 3019ER |
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| 110 | 110 | | (h) A request for more time from the landlord shall be in writing to the tenant before the94 |
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| 111 | 111 | | termination of the ten-day period to cure the violation. Written requests may be made in95 |
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| 112 | 112 | | several ways and may be delivered in person, via mail, or transmitted by email. A request96 |
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| 113 | 113 | | for more time shall include:97 |
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| 114 | 114 | | (1) A plan to repair the violation;98 |
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| 115 | 115 | | (2) A plan to mitigate the effects of the violation on the tenants; and99 |
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| 116 | 116 | | (3) An estimate of the amount of time required to cure the violation.100 |
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| 117 | 117 | | (i) If the landlord fails to cure the habitability violations within a reasonable time as101 |
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| 118 | 118 | | described in subsections (g) and (h) of this Code section, then the tenant shall have the right102 |
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| 119 | 119 | | to refuse to pay rent.103 |
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| 120 | 120 | | (j)(1) A landlord shall not retaliate against a tenant by taking an action because the104 |
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| 121 | 121 | | tenant:105 |
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| 122 | 122 | | (A) In good faith exercises or attempts to exercise against a landlord a right or remedy106 |
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| 123 | 123 | | granted to the tenant by the lease agreement, a municipal ordinance, or federal or state107 |
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| 124 | 124 | | law;108 |
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| 125 | 125 | | (B) Gives the landlord a notice to repair or exercise a remedy under this article;109 |
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| 126 | 126 | | (C) Complains to a governmental entity responsible for enforcing building or housing110 |
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| 127 | 127 | | codes, a public utility, or a civic or nonprofit agency, and the tenant:111 |
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| 128 | 128 | | (i) Claims a building or housing code violation or utility problem; and112 |
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| 129 | 129 | | (ii) Believes in good faith that the complaint is valid and that the violation or problem113 |
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| 130 | 130 | | occurred; or114 |
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| 131 | 131 | | (D) Establishes, attempts to establish, or participates in a tenant organization.115 |
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| 132 | 132 | | (2) A landlord shall not retaliate against a tenant by:116 |
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| 133 | 133 | | (A) Filing an eviction proceeding;117 |
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| 134 | 134 | | (B) Depriving the tenant of the use of the premises, except for reasons authorized by118 |
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| 135 | 135 | | law;119 |
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| 136 | 136 | | (C) Decreasing services to the tenant;120 |
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| 137 | 137 | | S. B. 272 |
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| 138 | 138 | | - 5 - 25 LC 44 3019ER |
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| 139 | 139 | | (D) Increasing the tenant's rent;121 |
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| 140 | 140 | | (E) Terminating the tenant's lease agreement; or122 |
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| 141 | 141 | | (F) Engaging, in bad faith, in a course of conduct that materially interferes with the123 |
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| 142 | 142 | | tenant's rights under the tenant's lease agreement.124 |
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| 143 | 143 | | 44-7-26.125 |
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| 144 | 144 | | (a) It shall be unlawful for a person to:126 |
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| 145 | 145 | | (1) Refuse to sell or rent a dwelling after a bona fide offer has been made, or to refuse127 |
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| 146 | 146 | | to negotiate for the sale or rental of a dwelling, because of race, color, religion, sex,128 |
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| 147 | 147 | | familial status, source of income, or national origin, or to discriminate in the sale or rental129 |
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| 148 | 148 | | of a dwelling because of disability;130 |
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| 149 | 149 | | (2) Discriminate in the terms, conditions, or privileges of sale or rental of a dwelling, or131 |
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| 150 | 150 | | in the provision of services or facilities in connection with such sale or rental, because of132 |
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| 151 | 151 | | race, color, religion, sex, disability, familial status, source of income, or national origin;133 |
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| 152 | 152 | | (3) Engage in any conduct relating to the provision of housing which otherwise makes134 |
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| 153 | 153 | | unavailable or denies dwellings to persons because of race, color, religion, sex, disability,135 |
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| 154 | 154 | | familial status, source of income, or national origin;136 |
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| 155 | 155 | | (4) Make, print, or publish, or cause to be made, printed, or published, any notice,137 |
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| 156 | 156 | | statement, or advertisement with respect to the sale or rental of a dwelling that indicates138 |
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| 157 | 157 | | any preference, limitation, or discrimination because of race, color, religion, sex,139 |
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| 158 | 158 | | disability, source of income, familial status, or national origin, or any intention to make140 |
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| 159 | 159 | | any such preference, limitation, or discrimination;141 |
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| 160 | 160 | | (5) Represent to any person because of race, color, religion, sex, disability, familial142 |
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| 161 | 161 | | status, source of income, or national origin that a dwelling is not available for sale or143 |
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| 162 | 162 | | rental when such dwelling is in fact available;144 |
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| 163 | 163 | | S. B. 272 |
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| 164 | 164 | | - 6 - 25 LC 44 3019ER |
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| 165 | 165 | | (6) Engage in blockbusting practices in connection with the sale or rental of a dwelling145 |
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| 166 | 166 | | because of race, color, religion, sex, disability, source of income, familial status, or146 |
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| 167 | 167 | | national origin; or147 |
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| 168 | 168 | | (7) Deny access to or membership or participation in, or to discriminate against any148 |
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| 169 | 169 | | person in his or her access to or membership or participation in, any multiple-listing149 |
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| 170 | 170 | | service, real estate brokers' association, or other service organization or facility relating150 |
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| 171 | 171 | | to the business of selling or renting a dwelling, or in the terms or conditions or151 |
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| 172 | 172 | | membership or participation, because of race, color, religion, sex, disability, familial152 |
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| 173 | 173 | | status, source of income, or national origin.153 |
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| 174 | 174 | | (b)(1) It shall be unlawful for a person to refuse to sell or rent a dwelling to a person who154 |
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| 175 | 175 | | has made a bona fide offer because of race, color, religion, sex, familial status, source of155 |
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| 176 | 176 | | income, or national origin or to refuse to negotiate with a person for the sale or rental of156 |
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| 177 | 177 | | a dwelling because of race, color, religion, sex, familial status, source of income, or157 |
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| 178 | 178 | | national origin, or to discriminate against any person in the sale or rental of a dwelling158 |
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| 179 | 179 | | because of disability.159 |
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| 180 | 180 | | (2) Prohibited actions under this Code section include, but are not limited to:160 |
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| 181 | 181 | | (A) Failing to accept or consider a bona fide offer because of race, color, religion, sex,161 |
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| 182 | 182 | | disability, familial status, source of income, or national origin;162 |
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| 183 | 183 | | (B) Refusing to sell or rent a dwelling to, or to negotiate for the sale or rental of a163 |
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| 184 | 184 | | dwelling with any person because of race, color, religion, sex, disability, familial status,164 |
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| 185 | 185 | | source of income, or national origin;165 |
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| 186 | 186 | | (C) Imposing different sales prices or rental charges for the sale or rental of a dwelling166 |
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| 187 | 187 | | upon any person because of race, color, religion, sex, disability, familial status, source167 |
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| 188 | 188 | | of income, or national origin;168 |
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| 189 | 189 | | (D) Using different qualification criteria or applications, or sale or rental standards or169 |
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| 190 | 190 | | procedures, such as income standards, application requirements, application fees, credit170 |
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| 191 | 191 | | S. B. 272 |
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| 192 | 192 | | - 7 - 25 LC 44 3019ER |
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| 193 | 193 | | analysis, or sale or rental approval procedures or other requirements, because of race,171 |
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| 194 | 194 | | color, religion, sex, handicap, familial status, source of income, or national origin; and172 |
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| 195 | 195 | | (E) Evicting tenants because of their race, color, religion, sex, disability, familial173 |
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| 196 | 196 | | status, source of income, or national origin or because of the race, color, religion, sex,174 |
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| 197 | 197 | | disability, familial status, source of income, or national origin of a tenant's guest.175 |
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| 198 | 198 | | (c)(1) It shall be unlawful, because of race, color, religion, sex, disability, familial status,176 |
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| 199 | 199 | | source of income, or national origin, to impose different terms, conditions, or privileges177 |
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| 200 | 200 | | relating to the sale or rental of a dwelling or to deny or limit services or facilities in178 |
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| 201 | 201 | | connection with the sale or rental of a dwelling.179 |
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| 202 | 202 | | (2) Prohibited actions under this Code section include, but are not limited to:180 |
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| 203 | 203 | | (A) Using different provisions in leases or contracts of sale, such as those relating to181 |
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| 204 | 204 | | rental charges, security deposits, and the terms of a lease and those relating to down182 |
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| 205 | 205 | | payment and closing requirements, because of race, color, religion, sex, handicap,183 |
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| 206 | 206 | | familial status, source of income, or national origin;184 |
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| 207 | 207 | | (B) Failing to perform or delaying maintenance or repairs of rental dwellings because185 |
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| 208 | 208 | | of race, color, religion, sex, disability, familial status, source of income, or national186 |
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| 209 | 209 | | origin;187 |
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| 210 | 210 | | (C) Failing to process an offer for the sale or rental of a dwelling or to communicate188 |
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| 211 | 211 | | an offer accurately because of race, color, religion, sex, disability, familial status,189 |
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| 212 | 212 | | source of income, or national origin;190 |
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| 213 | 213 | | (D) Limiting the use of privileges, services, or facilities associated with a dwelling191 |
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| 214 | 214 | | because of the race, color, religion, sex, disability, familial status, source of income, or192 |
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| 215 | 215 | | national origin of an owner, tenant, or a person associated with him or her; and193 |
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| 216 | 216 | | (E) Denying or limiting services or facilities in connection with the sale or rental of a194 |
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| 217 | 217 | | dwelling because a person failed or refused to provide sexual favors."195 |
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| 218 | 218 | | S. B. 272 |
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| 219 | 219 | | - 8 - 25 LC 44 3019ER |
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| 220 | 220 | | SECTION 4. |
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| 221 | 221 | | 196 |
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| 222 | 222 | | All laws and parts of laws in conflict with this Act are repealed.197 |
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| 223 | 223 | | S. B. 272 |
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| 224 | 224 | | - 9 - |
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