SB313: SB313 Enforcement Methods; investigations or inspections of certain residential rental property when there is a reasonable suspicion of a code violation; provide

Current Georgia law (O.C.G.A. § 36-74-30) bars local governments from inspecting residential rental property unless they have probable cause of a code violation, and it flatly bans requiring landlords to register their rental properties. This bill rewrites that section. Under the new language, local governments could inspect or investigate residential rental properties with four or more dwelling units based on a lower standard called reasonable suspicion, rather than probable cause, as long as they give the owner adequate notice. Code violations visible in plain view could support that reasonable suspicion. The bill also removes the outright ban on registration requirements, allowing local governments to require registration of rental properties owned, directly or indirectly, by any person or entity that owns at least 20 residential rental properties in Georgia. The bill does not state a specific effective date beyond standard enactment.

• Lowers the legal standard for local government inspections of residential rental buildings with four or more units from probable cause to reasonable suspicion.
• Requires local governments to give owners adequate notice before inspecting or investigating qualifying rental properties.
• Removes the current statewide ban on requiring registration of residential rental property.
• Allows local governments to require registration of rental properties owned by any person or entity that owns at least 20 residential rental properties in Georgia.
• Repeals any existing laws that conflict with these new rules.

Owners of residential rental properties with four or more units, and especially large landlords who own 20 or more rental properties across Georgia, along with local governments and their code enforcement offices, and tenants living in the affected rental buildings.

Landlords of larger rental buildings could face inspections triggered by a lower bar of suspicion rather than solid evidence of a violation, and large-scale landlords could be required to register their properties with local governments, changing how closely local officials can monitor rental housing conditions.

• Section 1 revises subsection (b) of O.C.G.A. § 36-74-30, splitting it into two paragraphs covering inspections and registration separately.
• Paragraph (b)(1) permits inspections or investigations of rental properties with four or more dwelling units based on reasonable suspicion of a code violation, with adequate notice to the owner.
• Paragraph (b)(1) states that plain-view conditions resembling code violations can form the basis for reasonable suspicion.
• Paragraph (b)(2) allows local governments to require registration of rental property owned by a person or entity with at least 20 residential rental properties in Georgia.
• Section 2 repeals any conflicting laws.

1. 2025-03-03Senate Read and Referred (Senate)
2. 2025-02-28Senate Hopper (Senate)

• Jason Esteves (D, SD-035)Primary sponsor
• Josh McLaurin (D, SD-014)
• Derek Mallow (D, SD-002)
• Harold Jones (D, SD-022)

• landlord regulations
• rental property inspections
• code enforcement
• local government authority
• housing policy