Senate · Introduced · 2025-2026 Regular Session

SB272: SB272 Landlord and Tenant; requiring tenants to provide income information; prohibit

Last action February 27, 2025 · Senate Read and Referred

A Georgia Senate bill would limit landlords' ability to screen renters who use housing vouchers, let tenants withhold rent for unrepaired habitability problems, ban related late fees and retaliation, and add source of income to the state's fair housing protections.

In plain language

Georgia law currently lets landlords set income requirements for renters and gives tenants limited formal tools to force repairs. This bill would change both. It bars landlords from requiring a prospective tenant who uses a government rent voucher (such as a Housing Choice Voucher or a VA Supportive Housing Voucher) to earn three times the rent or more. It also creates a detailed process letting tenants withhold rent or deduct repair costs from rent when a landlord fails to fix a habitability problem after proper written notice, capped at one month's rent or $500, whichever is greater. The bill sets a ten-day presumption for landlords to fix problems, allows landlords to request more time in writing with a repair plan, and lets tenants refuse to pay rent if the landlord still does not fix things. It bans late fees on properly withheld rent, prohibits landlords from retaliating against tenants who exercise these rights, and adds 'source of income' as a protected category under the state's fair housing rules covering sale and rental of dwellings. The bill also updates the legal definition of a livable ('fit for human habitation') rental unit and repeals conflicting laws.

What the bill does

Prohibits landlords from requiring voucher-holding prospective tenants to earn three or more times the monthly rent as a condition of renting.
Lets tenants withhold rent or deduct repair costs (up to one month's rent or $500, whichever is greater) if a landlord fails to fix a habitability problem after proper notice.
Sets a rebuttable ten-day presumption for how long a landlord has to fix a reported problem, with a process for landlords to request more time in writing.
Bans landlords from charging late fees on rent a tenant has properly withheld under the new repair process.
Prohibits landlords from retaliating against tenants (through eviction, rent increases, service cuts, or lease termination) for exercising repair, complaint, or tenant-organizing rights.
Adds 'source of income' as a protected category in Georgia's fair housing rules covering the sale and rental of dwellings, alongside race, religion, sex, disability, familial status, and national origin.

Who it affects

Renters across Georgia, especially those using government rent subsidies like Housing Choice Vouchers or VA Supportive Housing Vouchers; landlords and property managers, who face new notice, repair, and screening rules; and real estate brokers and listing services covered by the fair housing provisions.

Why it matters

Tenants would gain a formal, legally defined path to force repairs or stop paying rent when a landlord ignores habitability problems, and voucher holders could no longer be screened out by high income multiples. Landlords would face new notice deadlines, limits on late fees, and expanded discrimination liability tied to a tenant's source of income.

Key provisions

Section 1 rewrites O.C.G.A. § 44-7-13 to define 'fit for human habitation' with specific standards (working electrical, plumbing, hot/cold water, no mold, working detectors, clean common areas) and makes landlords liable for repairs and improvements.
Section 2 updates O.C.G.A. § 44-7-14.1 to define 'utilities' as cooling, heat, light, and hot and cold water service.
Section 3 adds new Code Section 44-7-25, capping voucher-holder income requirements at three times rent and creating a rent-withholding and repair-deduction process capped at one month's rent or $500.
Section 3 sets a rebuttable ten-day presumption for landlords to cure habitability violations, with a written extension-request process requiring a repair plan and timeline.
Section 3 lets tenants refuse to pay rent if the landlord fails to cure a habitability violation within a reasonable time, and bars late fees on properly withheld rent.
Section 3 prohibits landlord retaliation (eviction, rent hikes, service cuts, lease termination) against tenants who exercise repair or organizing rights.
Section 3 adds new Code Section 44-7-26, adding 'source of income' to Georgia's fair housing protections covering sale, rental, advertising, and services related to dwellings.
Section 4 repeals any conflicting laws.

From the bill

“No late fee may be charged for rent properly withheld under this Code section.”
This bans late fees on rent tenants legally withhold over unrepaired habitability problems.

Status timeline

2025-02-27Senate Read and Referred (Senate)
2025-02-26Senate Hopper (Senate)

Topics

landlord-tenant law
housing vouchers
fair housing
rental repairs
housing discrimination