House Bill 1115
By: Representatives McCollum of the 30th, Burchett of the 176th, Fleming of the 114th,
Stephens of the 164th, and Efstration of the 104th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to
regulation of specialized land transactions, so as to prohibit institutional investors and other
enterprises from obtaining, owning, or possessing an interest in more than 2,000
single-family residences; to provide a private cause of action against a residential home
poacher that obtains, owns, or possesses an interest in more than 2,000 single-family
residences; to provide an effective date; to provide a short title; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "End Home Poaching Act."
SECTION 2.
Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of
specialized land transactions, is amended by adding a new article to read as follows:
<ins>"ARTICLE 8
44-3-260.
As used in this article, the term:
(1) 'Affiliate' means any entity that directly or indirectly owns or controls, is owned or
controlled by, or is under any other common ownership or control with a residential home
poacher.
(2) 'Claimant' means an aggrieved person who seeks recovery of damages under this
article; provided, however, that such term shall not include a government entity or any
officer or employee of a government entity acting in his or her official capacity.
(3) 'Government entity' means any office, agency, authority, department, commission,
board, body, division, instrumentality, or institution of the executive, legislative, or
judicial branch of the state government or of any political subdivision within this state.
(4) 'Residential home poacher' means any institutional investor, corporation, association,
partnership, limited liability company, limited partnership, trust, issuer, or other private
legal entity organized under the laws of this state, the United States, the District of
Columbia, or any other state, territory, or dependency of the United States or under the
laws of a foreign country engaged in obtaining, owning, or possessing, directly or
indirectly, including, but not limited to, through one or more affiliates or shareholders,
any interest in single-family residences.
(5) 'Single-family residence' means a parcel of real property that has upon it a detached
residential structure that contains between one and three individual dwelling units, each
of which is designed for the exclusive use and occupation by one family, or townhouse.
(6) 'Townhouse' means an individual residential dwelling unit within a larger structure
that contains two or more attached residential dwelling units constructed in a row where
each residential dwelling unit is designed exclusively for use and occupation by one
</ins>
<ins>family, is located on an individual lot or parcel, and shares at least one common wall with
an adjacent unit.
44-3-261.
(a) For taxable years beginning on or after January 1, 2026, any residential home poacher
obtaining, owning, or possessing, directly or indirectly, including, but not limited to,
through one or more affiliates or shareholders of such residential home poacher, any
interest in more than 2,000 single-family residences shall submit, between December 1 and
December 31 of each taxable year, a report under penalty of perjury to the state auditor
indicating the total number of single-family residences in which it possesses an interest as
of the date of submission.
(b) On and after January 1, 2027, it shall be unlawful for any residential home poacher to
obtain, own, or possess, directly or indirectly, including, but not limited to, through one or
more affiliates or shareholders of such residential home poacher, an interest in more than
2,000 single-family residences. Any claimant may bring a civil action in any court of
competent jurisdiction against a residential home poacher that violates this subsection to
recover the costs incurred by the claimant in bringing such action, including reasonable
attorney's fees, and the greater of actual damages caused by such violation or statutory
damages in the amount of $15,000 for each violation. For purposes of this subsection, each
single-family residence in which a residential home poacher obtains, owns, or possesses
an interest in violation of this subsection shall constitute a separate violation.
(c) An action pursuant to subsection (b) of this Code section shall be brought within four
years from the last day a residential home poacher came to own or possess an interest in
one or more single-family residences in violation of subsection (b) of this Code section.
Such action may be brought in a representative capacity and may be the subject of a class
action under Code Section 9-11-23.
</ins>
<ins>(d) Notwithstanding any provision of law to the contrary, no government entity or any
officer or employee of a government entity acting in his or her official capacity, including,
without limitation, the Attorney General, any district attorney, or any county attorney, shall
be entitled to intervene in an action brought pursuant to subsection (b) of this Code section;
provided, however, that nothing in this subsection shall prohibit the filing of an amicus
curiae brief in such action.
44-3-262.
It shall be an affirmative defense to an award of monetary relief in an action brought
pursuant to subsection (b) of Code Section 44-3-261 if the defendant residential home
poacher in such action can demonstrate that:
(1) The claimant who brought such action can only recover statutory damages under
subsection (b) of Code Section 44-3-261; and
(2) The defendant residential home poacher no longer owns or possesses an interest in
the single-family residence that is the subject of such action, and has, during the
pendency of such action or no more than 30 days prior to the initiation of such action,
paid a judgment for the full amount of statutory damages provided under subsection (b)
of Code Section 44-3-261 that was awarded in a separate action for the same violation
of subsection (b) of Code Section 44-3-261 giving rise to the current action."
</ins> SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.