Georgia 2025-2026 Regular Session

Georgia Senate Bill SB318 Compare Versions

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

Old	New	Differences
1	1	25 LC 60 0119
2	2	Senate Bill 318
3	3	By: Senators Merritt of the 9th, Islam Parkes of the 7th, Mallow of the 2nd, Jones II of the
4	4	22nd, Harrell of the 40th and others
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	To amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal
8	8	1
9	9	and void contracts generally, so as to prohibit certain agreements involving parallel pricing2
10	10	coordination as unenforceable contracts in general restraint of trade with respect to3
11	11	residential rental properties; to provide for a civil penalty; to provide for educational4
12	12	materials informing residents in this state of the provisions of this Act; to provide for5
13	13	statutory construction; to provide for an effective date and applicability; to provide for6
14	14	related matters; to repeal conflicting laws; and for other purposes.7
15	15	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
16	16	SECTION 1.9
17	17	Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void10
18	18	contracts generally, is amended by adding a new Code section to read as follows:11
19	19	"13-8-5.
20	20	12
21	21	(a) As used in this Code section, the term:13
22	22	(1) 'Agreement' means any contract, combination, or other agreement, whether verbal or14
23	23	written.15
24	24	(2) 'Coordinating function' means:16
25	25	S. B. 318
26	26	- 1 - 25 LC 60 0119
27	27	(A) Collecting historical or contemporaneous rental prices, supply levels, or rental17
28	28	agreement termination and renewal dates of residential properties from two or more18
29	29	landlords;19
30	30	(B) Analyzing or processing the information described in subparagraph (A) of this20
31	31	paragraph through the use of a system, software, or process, including, but not limited21
32	32	to, a computational process that uses machine learning or other artificial intelligence22
33	33	techniques; and23
34	34	(C) Recommending rental prices, rental agreement renewal terms, or ideal occupancy24
35	35	levels to a landlord.25
36	36	(3) 'Coordinator' means an individual who uses or causes to be used a system, software,26
37	37	or process that performs a coordinating function for one or more landlords, including a27
38	38	landlord that is performing a coordinating function for the landlord's own benefit.28
39	39	(4) 'Landlord' means the owner, lessor, or sublessor of a residential property or any29
40	40	person designated as an agent or representative of the owner, lessor, or sublessor,30
41	41	including, but not limited to, an agent, a resident manager, or a designated property31
42	42	manager.32
43	43	(5) 'Parallel pricing coordination' means any agreement between two or more landlords33
44	44	to raise, lower, change, maintain, or otherwise manipulate the rental price of two or more34
45	45	residential properties.35
46	46	(6) 'Person' means any individual, partnership, association, firm, public or private36
47	47	corporation, trust, or unincorporated organization. Such term shall include a coordinator37
48	48	or a landlord.38
49	49	(7) 'Rental agreement' means any lease, rental, or other written agreement entered into39
50	50	by a landlord and a tenant in order for such tenant to lease, sublease, let, or accept a grant40
51	51	for consideration the right to possess and enjoy the use of a residential property.41
52	52	S. B. 318
53	53	- 2 - 25 LC 60 0119
54	54	(8) 'Rental price' means any consideration a tenant must pay in order to lease, sublease,42
55	55	let, or accept a grant of the right to possess and enjoy the use of a residential property43
56	56	either for a fixed time or at the will of the landlord.44
57	57	(9) 'Residential property' means any building, structure, or portion thereof which is used45
58	58	or occupied as, or designed or intended for use or occupancy as, a residence.46
59	59	(b) No person shall enter into, cause to be entered into, or perform a coordinating function47
60	60	in relation to an agreement involving parallel pricing coordination. Any such agreement48
61	61	shall be deemed an unenforceable contract in general restraint of trade as provided in Code49
62	62	Section 13-8-2, and any person that enters into, causes to be entered into, or performs a50
63	63	coordinating function in relation to the same shall be subject to a civil penalty of $1,000.0051
64	64	per violation. The civil penalty provided for in this subsection shall be recoverable in a52
65	65	civil action brought in any court of competent jurisdiction by the Attorney General or any53
66	66	district attorney.54
67	67	(c) The Department of Community Affairs shall develop and publish educational materials55
68	68	informing residents of this state of the provisions of this Code section.56
69	69	(d) Nothing in this Code section shall be construed to apply to, impair, or otherwise57
70	70	prohibit actions taken by a person or any federal, state, or local governmental entity, or any58
71	71	official, employee, or agent thereof, while in the exercise or performance of any power or59
72	72	duty imposed by a federal or state affordable or low-income housing law, program, or60
73	73	initiative."61
74	74	SECTION 2.62
75	75	This Act shall become effective upon its approval by the Governor or upon its becoming law63
76	76	without such approval and shall apply to all agreements related to residential property64
77	77	entered into on or after such date and to all renewals, modifications, or extensions of such65
78	78	agreements entered into on or after such date.66
79	79	S. B. 318
80	80	- 3 - 25 LC 60 0119
81	81	SECTION 3.
82	82	67
83	83	All laws and parts of laws in conflict with this Act are repealed.68
84	84	S. B. 318
85	85	- 4 -