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

25 LC 62 0086 Senate Bill 313 By: Senators Esteves of the 35th, McLaurin of the 14th, Mallow of the 2nd and Jones II of the 22nd A BILL TO BE ENTITLED AN ACT To amend Code Section 36-74-30 of the Official Code of Georgia Annotated, relating to1 other enforcement methods and probable cause for investigation required, so as to provide2 for investigations or inspections of certain residential rental property when there is a3 reasonable suspicion of a code violation; to provide for the registration of certain residential4 rental property; to provide for related matters; to repeal conf licting laws; and for other5 purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Code Section 36-74-30 of the Official Code of Georgia Annotated , relating to other9 enforcement methods and probable cause for investigation required, is amended by revising10 subsection (b) as follows:11 "(b) No local government is authorized to perform investigation s or inspections of12 residential rental property unless there is probable cause to believe there is or has been a13 violation or violations of applicable codes, and in no event may a local government require14 the registration of residentia l rental prope rty. Conditions wh ich appear to be code15 violations which are in plain view may form the basis for probable cause.16 S. B. 313 - 1 - 25 LC 62 0086 (b)(1) With adequate notice to the owner, a local government is authorized to perform17 investigations or inspections of residential rental property co ntaining four or more18 dwelling units when there is a reasonable suspicion to believe there is or has been a19 violation or violations of applicable codes. Conditions which appear to be code20 violations and are in plain view may form the basis for a reasonable suspicion.21 (2) A local government may require the registration of residential rental property owned22 directly or indirectly by any person or entity that owns at lea st 20 residential rental23 properties in Georgia."24 SECTION 2.25 All laws and parts of laws in conflict with this Act are repealed.26 S. B. 313 - 2 -