HB44: HB44 Protections for Consumers Using Self-service Storage Facilities Act; enact

25 LC 62 0027 House Bill 44 By: Representatives Davis of the 87th, Scott of the 76th, and Schofield of the 63rd A BILL TO BE ENTITLED AN ACT To amend Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to1 warehousemen, so as to establish specific protections for consu mers using a self-service2 storage facility; to provide for definitions; to provide for re quirements for an owner of a3 self-service storage facility; to provide for rental agreement requirements; to provide for4 unlawful, unfair, and deceptive trade practices; to amend Chapt er 23 of Title 33 of the5 Official Code of Georgia Annotated, relating to licensing in insurance, so as to provide for6 certain disclosures by a limited licensee offering coverage for personal property stored at a7 self-service storage facility; to provide for requirements for such licensee; to provide for8 related matters; to provide for a short title; to provide for an effective date and applicability;9 to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 This Act shall be known and may be cited as the "Protections fo r Consumers Using13 Self-service Storage Facilities Act."14 H. B. 44 - 1 - 25 LC 62 0027 SECTION 2.15 Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to warehousemen,16 is amended by adding a new article to read as follows:17 "ARTICLE 618 10-4-220.19 As used in this article, the term:20 (1) 'Email' shall have the same meaning as set forth in Code Section 10-4-211.21 (2) 'Harborage' means any condition which provides shelter or protection or which favors22 the multiplication and continued existence of pests.23 (3) 'Infestation' means the presence of insects, rodents, or o ther pests in or around a24 self-service storage facility wherein the number of such pests may materially affect the25 health and safety of persons or the value of property at such facility.26 (4) 'Notice' means written communication of the information required by this article.27 (5) 'Occupant' shall have the same meaning as set forth in Code Section 10-4-211.28 (6) 'Owner' shall have the same meaning as set forth in Code Section 10-4-211.29 (7) 'Rental agreement' shall have the same meaning as set fort h in Code30 Section 10-4-211.31 (8) 'Self-service storage facility' shall have the same meanin g as set forth in Code32 Section 10-4-211.33 10-4-221.34 (a) The owner of a self-service storage facility shall maintain such facility so that it meets35 applicable minimum building code requirements.36 (b) The owner of a self-service storage facility shall provide notice in a prominent and37 conspicuous location in such facility so as to be accessible to all occupants at all times of38 H. B. 44 - 2 - 25 LC 62 0027 the following information and shall update such notice within 30 days of any changes of39 such information:40 (1) The date the self-service storage facility was built;41 (2) The date and summary of any damage to such facility, inclu ding from weather42 events, flood, fire, or smoke, occurring within one calendar year of the posted notice;43 (3) The date and summary of any significant repair to such fac ility, including mold44 remediation, within one calendar year of the posted notice;45 (4) The date the roof of such facility was installed;46 (5) The date and summary of any significant repair to the roof of such facility within one47 calendar year of the posted notice;48 (6) The date and summary of any code enforcement inspection of such facility within49 one calendar year of the posted notice;50 (7) The date and summary of any pest control service for such facility within one51 calendar year of the posted notice:52 (8) The date and summary of any crime involving property damage, any crime involving53 theft, and any crime involving violence occurring in such facil ity within one calendar54 year of the posted notice; and55 (9) The date such information was last updated and posted.56 (c) Failure to establish and maintain the self-service storage facility as provided in57 subsection (a) of this Code section shall constitute a breach of the rental agreement.58 (d) Failure to post accurate information or updated informatio n as provided in59 subsection (b) of this Code section shall constitute a breach of the rental agreement.60 10-4-222.61 (a) The owner of a self-service storage facility shall control for the presence of insects,62 rodents, and other pests in and immediately surrounding such facility by:63 H. B. 44 - 3 - 25 LC 62 0027 (1) Establishing and maintaining sufficient controls to prevent the entry and presence of64 such pests;65 (2) Eliminating harborage conditions that attract such pests;66 (3) Routinely inspecting the premises for evidence of such pests; and67 (4) Using appropriate methods to prevent, control, and remove such pests.68 (b) Within 24 hours of knowledge of a confirmed infestation, the owner of a self-service69 storage facility shall post notice of such infestation in a pro minent and conspicuous70 location in such facility so as to be accessible to all occupants at all times and shall notify71 all occupants of such infestation by email.72 (c) Failure to post the notice and notify occupants by email as provided in subsection (b)73 of this Code section shall constitute a breach of the rental agreement.74 10-4-223.75 (a) The owner of a self-service storage facility shall establi sh and maintain a complaint76 system which provides reasonable procedures for the resolution of complaints initiated by77 occupants and shall maintain records of all written complaints initiated by occupants for78 five years from the time such complaint is filed.79 (b) The owner of a self-service storage facility shall provide a copy of the complaint log80 and any complaints related to code enforcement upon request by the code enforcement81 inspector investigating any complaint regarding such facility. Such complaint log and any82 complaints related to code enforcement shall be reviewed by suc h code enforcement83 inspector upon investigation of the facility.84 (c) Failure to establish and maintain a complaint system as provided in subsection (a) of85 this Code section or failure to provide the complaint log or any complaints as provided in86 subsection (b) of this Code section shall constitute a breach of the rental agreement.87 H. B. 44 - 4 - 25 LC 62 0027 10-4-224.88 (a) The rental agreement for a unit in a self-service storage facility shall indicate at least89 the following information:90 (1) The monthly rate for the unit size;91 (2) The dollar amount per square foot for the unit;92 (3) Any fees associated with the transaction;93 (4) Whether the unit is climate controlled;94 (5) When and how the occupant may access the unit;95 (6) Whether the facility has an onsite manager; and96 (7) The maximum value of property allowed to be stored in the unit.97 (b) It shall be an unlawful, unfair, and deceptive trade pract ice for the owner of a98 self-service storage facility to:99 (1) Increase the monthly rate for a unit by more than 50 percent per calendar year;100 (2) Increase the monthly rate for a unit more frequently than twice per calendar year;101 (3) Advertise a monthly rate for a unit, unless the advertisement discloses a limitation102 of the duration of such rate;103 (4) Advertise that a unit is a vailable at a certain monthly ra te when there is an104 insufficient supply to meet reasonably expectable public demand , unless the105 advertisement discloses a limitation of quantity; and106 (5) Advertise that a unit may be used for a certain amount of property, whether by107 description, size, or value, but limit the recoverable value of property stored in such unit108 to less than such amount.109 (c) Nothing in this Code section shall prevent an owner of a self-service storage facility110 and an occupant from contracting to set a monthly rate or to pr ovide for greater liability111 based on the replacement value of items stored in a unit in such facility.112 H. B. 44 - 5 - 25 LC 62 0027 10-4-225.113 (a) Violations of the provisions of subsection (b) of Code Section 10-4-224 shall be subject114 to the same civil remedies and in the same manner as provided by Part 2 of Article 15 of115 Chapter 1 of this title, the 'Fair Business Practices Act of 1975,' for persons whose business116 or property has been injured or damaged as a result of an unfair or deceptive act or practice117 in violation of subsection (a) of Code Section 10-1-393.118 (b) The provisions of subsection (b) of Code Section 10-4-224 may be enforced by the119 state warehouse commissioner in the same manner as provided by Part 2 of Article 15 of120 Chapter 1 of this title, the 'Fair Business Practices Act of 19 75,' for enforcement of the121 provisions of said part by the Attorney General against a person reasonably appearing to122 have engaged in an unfair or deceptive act or practice in violation of subsection (a) of Code123 Section 10-1-393, and the superior courts may grant injunctive relief and impose the same124 civil penalties for violations of injunctions as provided in said part."125 SECTION 3.126 Chapter 23 of Title 33 of the Official Code of Georgia Annotate d, related to licensing in127 insurance, is amended by revising paragraphs (4) and (5) of sub section (e) of Code128 Section 33-23-12, relating to limited licenses, as follows:129 "(4) No insurance shall be issued pursuant to this subsection unless the limited licensee130 provides to a prospective occupant written material that:131 (A) Provides a summary of the terms of insurance coverage, including the identity of132 the insurer;133 (B) Conspicuously discloses that the policy of insurance may provide a duplication of134 coverage already provided by an existing policy of insurance;135 (C) Describes the process for filing a claim in the event the occupant elects to purchase136 coverage and experiences a covered loss;137 H. B. 44 - 6 - 25 LC 62 0027 (D) Provides information regarding the price, deductible, bene fits, exclusions,138 conditions, and any other limitations of such policy;139 (E) States that the limited licensee is not authorized to eval uate the adequacy of the140 occupant's existing insurance coverages, unless such limited li censee is otherwise141 licensed; and142 (F) States that the occupant may cancel the insurance at any t ime, and any unearned143 premium will be refunded in accordance with applicable law;144 (G) Discloses any compensation the limited licensee, owner, or self-storage facility145 receives from the insurer for disseminating information about c overage or selling146 coverage to the occupant; and147 (H) States that the purchase of insurance is not required in o rder for the occupant to148 purchase any other product or service from the self-service storage facility.149 (5) Notwithstanding any other provision of this subsection or any rule adopted by the150 Commissioner, a limited licensee licensed pursuant to this subs ection shall not b e151 required to treat moneys collected from occupants under rental agreements as funds152 received in a fiduciary capacity, provided that and the charges for coverage shall be153 itemized and be ancillary to a rental agreement. The sale of insurance not in conjunction154 with a rental agreement shall not be permitted."155 SECTION 4.156 This Act shall become effective upon its approval by the Governor or upon its becoming law157 without such approval and shall apply to any rental agreements for self-service storage158 facilities renewed or entered into on or after July 1, 2025.159 SECTION 5.160 All laws and parts of laws in conflict with this Act are repealed.161 H. B. 44 - 7 -