HB374: HB374 Local government; residential rental property; establish housing management databases

25 LC 47 3486S The House Committee on Governmental Affairs offers the following substitute to HB 374: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 74 of Title 36 of the Official Co de of Georgia Annotated,1 relating to local enforcement boards created on or after January 1, 2003, so as to authorize2 local governing bodies to establish housing management database s of residential rental3 property; to provide for applicability; to provide for registra tion with the databases; to4 provide for penalties; to provide for disclosure of ownership b y foreign adversaries; to5 provide for exemptions; to provide for definitions; to provide for related matters; to repeal6 conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Article 2 of Chapter 74 of Title 36 of the Official Code of Geo rgia Annotated, relating to10 local enforcement boards created on or after January 1, 2003, is amended by revising Code11 Section 36-74-21, relating to definitions, as follows:12 H. B. 374 (SUB) - 1 - 25 LC 47 3486S "36-74-21.13 As used in this article, the term:14 (1) 'Code enforcement officer' means any person contracted wit h or employed by a15 county or municipality who has enforcement authority for health , safety, or welfare16 requirements and is authorized to issue citations or file formal complaints regarding the17 same.18 (2) 'County or municipal codes and ordinances' means zoning ordinances and resolutions,19 ordinances and resolutions enacting subdivision regulations, environmental ordinances20 and resolutions, state minimum standard codes provided for in C ode Section 8-2-25,21 ordinances and resolutions enacted pursuant to Code Section 8-2-25, other ordinances and22 resolutions regulating the development of real property, and ordinances and regulations23 providing for control of litter and debris, control of junked o r abandoned vehicles, and24 control of overgrown vegetation. Notwithstanding the above, th e term 'county and25 municipal codes and ordinances' shall not include:26 (A) Those codes and ordinances requiring a permit, unless the alleged violator has27 failed to secure all necessary valid permits under said codes and ordinances; or28 (B) Any local amendments to the state minimum standard codes provided for in Code29 Section 8-2-25 that have not been adopted in conformity with th e requirements of30 subsection (c) of Code Section 8-2-25.31 (3) 'Enforcement board' means a local government code enforcement board.32 (3.1) 'Licensee' shall have the same meaning as set forth in Code Section 43-40-1.33 (4) 'Local governing body' means the governing authority of the county or municipality,34 however designated.35 (5) 'Local governing body attorney' means the legal counselor for the county or36 municipality.37 (5.1) 'Property management services' shall have the same meaning as set forth in Code38 Section 43-40-1.39 H. B. 374 (SUB) - 2 - 25 LC 47 3486S (5.2) 'Property manager' means a licensee who performs property management services40 for a specific property.41 (5.3) 'Residential rental property' means any property that is rented or leased as a42 dwelling unit for human habitation. Such term does not include homes licensed by the43 Department of Community Health pursuant to Code Sections 31-7-1 2, 31-7-12.2, and44 31-7-12.4 or multifamily properties consisting of more than 20 units.45 (5.4) 'Short-term rental property' means any property that is rented or leased as a46 dwelling unit for human habitation for less than 30 days in duration.47 (6) 'Violation involving the health or safety of a third party ' means a violation that48 creates a legitimate concern for the health and safety of a thi rd-party occupant of a49 dwelling place or that creates an immediate and substantial danger to the environment."50 SECTION 2.51 Said article is further amended by revising subsection (a) of Code Section 36-74-29, relating52 to notice required and form of notice, as follows:53 "(a) All notices required by this article shall be provided to the alleged violator or to the54 property manager of the property that is the subject of the all eged violation by certified55 mail or statutory overnight delivery, return receipt requested; by hand delivery by the56 sheriff or other law enforcement officer, code enforcement offi cer, or other person57 designated by the local governing body; or by leaving the notic e at the violator's usual58 place of residence with any person residing therein who is abov e 15 years of age and59 informing such person of the contents of the notice."60 SECTION 3.61 Said article is further amended in Code Section 36-74-30, relat ing to other enforcement62 methods and probable cause for investigation required, by revising subsection (b) and adding63 new subsections to read as follows:64 H. B. 374 (SUB) - 3 - 25 LC 47 3486S "(b) Except as otherwise provided in subsection (c) of this Cod e section, no No local65 government is authorized to perform investigations or inspectio ns of residential rental66 property unless there is probable cause to believe there is or has been a violation or67 violations of applicable codes, and in no event may a local gov ernment require the68 registration of residential rental property. Conditions which appear to be code violations69 which are in plain view may form the basis for probable cause.70 (c)(1) A local governing body may establish by ordinance or re solution for the71 requirement of a housing management database of residential rental property as provided72 in this Code section.73 (2) No local governing body shall require inclusion in a housing management database74 unless the owner of such residential rental property owns or co ntrols at least ten75 contiguous dwelling units within the jurisdiction of such local governing body.76 (3) A local governing body may require each registrant to file with a specifically77 identified office or officer a registration form, in paper or electronic format, as required78 by the local governing body, requiring submission of only the following information:79 (A) Either the property owner's or the property manager's name, street address, mailing80 address, phone number, facsimile number, and email address;81 (B) The property's street address and tax parcel number; and82 (C) The recording information, including transfer date and dee d book and page83 numbers, of the instrument conveying the property to the owner.84 (4) An ordinance or resolution establishing a housing management database may require85 an owner or property manager to update the information specified in paragraph (3) of this86 subsection within 30 days after any change in such required information.87 (5) An ordinance or resolution establishing a housing manageme nt database may not88 require the payment of any fees for such registration.89 H. B. 374 (SUB) - 4 - 25 LC 47 3486S (6) An ordinance or resolution establishing a housing management database may impose90 penalties for failure to register or failure to update the info rmation specified in91 paragraph (3) of this subsection, provided that such penalties shall not exceed:92 (A) For a first violation in a 12 month period, $500.00;93 (B) For a second violation in a 12 month period, $750.00; and94 (C) For a third and each subsequent violation in a 12 month period, $1,000.00.95 (d)(1) Any owner or property manager of residential rental pro perty subject to the96 housing management database requirements under subsection (c) o f this Code section97 shall disclose whether the property is partially or wholly owned, directly or indirectly, by98 a foreign adversary, as designated by the United States Secretary of Commerce pursuant99 to 15 C.F.R. Section 7.4.100 (2) The local governing body may require such disclosure to be submitted at the time of101 initial registration and updated within 30 days of any change in ownership structure and102 such information shall be made public.103 (3) Failure to disclose foreign ownership in accordance with t his subsection shall be104 subject to the same penalties established for failure to regist er or update required105 information under paragraph (6) of subsection (c) of this Code section.106 (e)(1) The following property owners shall be exempt from the requirements of107 subsection (c) of this Code section, including registration, updates, and penalties:108 (A) Active duty military personnel deployed for more than 30 consecutive days outside109 the state;110 (B) Individuals experiencing a serious medical condition that prevents them from111 managing their rental property, as certified by a licensed physician;112 (C) Owners of properties who are in hospice care or palliative care services;113 (D) Heirs or estate representatives managing a property due to the owner's death, for114 up to 18 months after the date of death; and115 H. B. 374 (SUB) - 5 - 25 LC 47 3486S (E) Owners experiencing financial hardship due to natural disa sters, as declared by116 federal, state, or local authorities.117 (2) Property owners seeking an exemption pursuant to this subs ection must provide118 documentation supporting their claim to the local governing body.119 (3) Local governing bodies may establish procedures for review ing and granting120 exemptions based on this subsection.121 (f) Nothing in this Code section shall apply to short-term rental properties."122 SECTION 4.123 All laws and parts of laws in conflict with this Act are repealed.124 H. B. 374 (SUB) - 6 -