HB715: HB715 Fair and Future Ready Housing Act; enact

25 LC 56 0303 House Bill 715 By: Representatives Berry of the 56th, Kendrick of the 95th, Clark of the 108th, Evans of the 57th, and Holcomb of the 101st A BILL TO BE ENTITLED AN ACT To amend Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated,1 relating to fair housing, so as to provide for artificial intelligence or automated decision tools2 in actions for discriminatory housing practices; to prohibit th e use of certain defenses in3 actions for discriminatory housing practices; to prohibit the use of artificial intelligence or4 automated decision tools without human oversight in making certain housing determinations;5 to prohibit making certain housing determinations using artificial intelligence or automated6 decision tools without certain disclosures; to provide for enforcement by Attorney General;7 to provide for fines; to provide for a short title; to provide for definitions; to provide for8 related matters; to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 This Act shall be known and may be cited as the "Fair and Future Ready Housing Act."12 SECTION 2.13 Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair14 housing, is amended by adding a new Code section to read as follows:15 H. B. 715 - 1 - 25 LC 56 0303 "8-3-224.16 (a) As used in this Code section:17 (1) 'Artificial intelligence' means a machine based system tha t can, for a given set of18 human defined objectives, make predictions, recommendations, or decisions influencing19 a real or virtual environment.20 (2) 'Automated decision tool' means a system or service that uses artificial intelligence21 and has been specifically developed and marketed or specifically modified to make, or22 to be a controlling factor in making, consequential decisions.23 (3) 'Judicatory' means any court, official, board, tribunal, c ommission, municipal or24 county authority, council, or similar body exercising judicial or quasi-judicial powers25 authorized by law, as well as any arbitrator, administrative law judge, mediator, or similar26 adjudicator authorized by law to act on behalf or at the request of any public official or27 body.28 (b) Any prohibition in this article against any discriminatory housing practice shall include29 a prohibition against such discriminatory housing practice resu lting from the use of or30 reliance upon artificial intelligence or automated decision tools.31 (c) In any action or proceeding before any judicatory stemming from a prohibition on32 discriminatory housing practices, reliance upon artificial intelligence or automated decision33 tools shall not be a defense to an allegation of discrimination.34 (d) No person shall use artificial intelligence or automated d ecision tools to make35 determinations relating to the sale, rental, or financing of dwellings or in the provision of36 brokerage services or facilities in connection with the sale or rental of a dwelling, without37 the participation or review of such determinations by an individual responsible for making38 such determination.39 (e) No person shall use artificial intelligence or automated d ecision tools to make40 determinations relating to the sale, rental, or financing of dwellings or in the provision of41 H. B. 715 - 2 - 25 LC 56 0303 brokerage services or facilities in connection with the sale or rental of a dwelling, without42 disclosing to any affected individuals that such tools were used.43 (f)(1) If the Attorney General determines, after notice and he aring, that a person has44 violated either subsection (c) or (d) of this Code section, the Attorney General may issue45 an administrative order imposing a penalty of not more than $10,000.00.46 (2) The hearing and any administrative review pursuant to this subsection shall be47 conducted in accordance with the procedure for contested cases under Chapter 13 of Title48 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all49 administrative remedies available and who is aggrieved or adversely affected by a final50 order or action of the Attorney General shall have the right of judicial review in51 accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"52 SECTION 3.53 All laws and parts of laws in conflict with this Act are repealed.54 H. B. 715 - 3 -