HB707: HB707 Landlord and tenant; limitations on rent increases for seniors and veterans; provide

25 LC 47 3478 House Bill 707 By: Representatives Adesanya of the 43rd, Cummings of the 39th, and Lim of the 98th A BILL TO BE ENTITLED AN ACT To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to1 landlord and tenant, so as to provide for limitations on rent increases for seniors and veterans;2 to provide for definitions; to provide for defense in dispossessory actions; to provide for an3 automatic repeal; to provide for applicability; to provide for related matters; to repeal4 conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 7 of Title 44 of the Official Code of Georgia Annotated , relating to landlord and8 tenant, is amended by adding a new Code section to read as follows:9 "44-7-25.10 (a) As used in this Code section, the term:11 (1) 'Dwelling unit' means a structure, or a room or group of rooms within a structure, that12 is used as a primary residence by a tenant.13 (2) 'Landlord' means an owner of record, agent, lessor, or sublessor, or the successor in14 interest thereof, of a dwelling unit.15 H. B. 707 - 1 - 25 LC 47 3478 (3) 'Rent' means the consideration demanded or received in connection with the use and16 occupancy of a dwelling unit. Such term does not include a security deposit or other fund17 held in trust for the tenant but includes other fees, costs, and consideration, regardless of18 whether such fee, cost, or consideration is denominated as rent.19 (4) 'Rental agreement' means an oral, written, or implied agreement between a landlord20 and a tenant for use or occupancy of a dwelling unit and associated services.21 (5) 'Tenant' means an indivi dual who is entitled by a rental a greement, subtenancy22 approved by the landlord, or sufferance to occupy a dwelling unit and:23 (A) Who is 62 years of age or older, a veteran, or both; and24 (B) Whose primary source of income is from payments received pursuant to the federal25 Social Security Act or the federal Veterans' Benefits Act, incl uding retirement and26 survivor's benefits, supplemental security income benefits, and disability income27 benefits.28 (6) 'Veteran' means an individual who served on active duty in the armed forces of the29 United States and who was honorably discharged from such service.30 (b) No landlord shall, over the course of a 12 month period, r enew the rental agreement31 or enter into a new rental agreement for a dwelling unit with t he existing tenant of such32 dwelling unit that increases the rent payable by the existing tenant for such dwelling unit33 more than the lower of:34 (1) Five percent of the lowest rent charged for that dwelling unit at any time during35 the 12 months prior to the date on which the increase takes effect, plus the percentage rate36 of change over such 12 month period reflected in the Consumer Price Index as reported37 by the Bureau of Labor Statistics of the United States Department of Labor; or38 (2) Ten percent of the lowest rent charged for that dwelling unit at any time during the 1239 months prior to the date on which the increase takes effect.40 H. B. 707 - 2 - 25 LC 47 3478 (c) It shall be an affirmative defense and counterclaim in any dispossessory action filed41 against a tenant that the landlord has charged rent in excess of the amount allowed under42 this Code section.43 (d) This Code section shall stand automatically repealed on January 1, 2035."44 SECTION 2.45 This Act shall apply to residential lease agreements that are e ntered into or renewed on or46 after July 1, 2025.47 SECTION 3.48 All laws and parts of laws in conflict with this Act are repealed.49 H. B. 707 - 3 -