Georgia CommonsHB 44: Protections for Consumers Using Self-service Storage Facilities Act; enact
Introduced version, the latest LegiScan holds · Last action January 16, 2025 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
House Bill 44
By: Representatives Davis of the 87th, Scott of the 76th, and Schofield of the 63rd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to warehousemen, so as to establish specific protections for consumers using a self-service storage facility; to provide for definitions; to provide for requirements for an owner of a self-service storage facility; to provide for rental agreement requirements; to provide for unlawful, unfair, and deceptive trade practices; to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to licensing in insurance, so as to provide for certain disclosures by a limited licensee offering coverage for personal property stored at a self-service storage facility; to provide for requirements for such licensee; to provide for related matters; to provide for a short title; to provide for an effective date and applicability; 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 "Protections for Consumers Using Self-service Storage Facilities Act."
SECTION 2.
Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to warehousemen, is amended by adding a new article to read as follows:
"ARTICLE 6
10-4-220.
As used in this article, the term:
(1) 'Email' shall have the same meaning as set forth in Code Section 10-4-211.
(2) 'Harborage' means any condition which provides shelter or protection or which favors the multiplication and continued existence of pests.
(3) 'Infestation' means the presence of insects, rodents, or other pests in or around a self-service storage facility wherein the number of such pests may materially affect the health and safety of persons or the value of property at such facility.
(4) 'Notice' means written communication of the information required by this article.
(5) 'Occupant' shall have the same meaning as set forth in Code Section 10-4-211.
(6) 'Owner' shall have the same meaning as set forth in Code Section 10-4-211.
(7) 'Rental agreement' shall have the same meaning as set forth in Code Section 10-4-211.
(8) 'Self-service storage facility' shall have the same meaning as set forth in Code Section 10-4-211.
10-4-221.
(a) The owner of a self-service storage facility shall maintain such facility so that it meets applicable minimum building code requirements.
(b) The owner of a self-service storage facility shall provide notice in a prominent and conspicuous location in such facility so as to be accessible to all occupants at all times of the following information and shall update such notice within 30 days of any changes of such information:
(1) The date the self-service storage facility was built;
(2) The date and summary of any damage to such facility, including from weather events, flood, fire, or smoke, occurring within one calendar year of the posted notice;
(3) The date and summary of any significant repair to such facility, including mold remediation, within one calendar year of the posted notice;
(4) The date the roof of such facility was installed;
(5) The date and summary of any significant repair to the roof of such facility within one calendar year of the posted notice;
(6) The date and summary of any code enforcement inspection of such facility within one calendar year of the posted notice;
(7) The date and summary of any pest control service for such facility within one calendar year of the posted notice:
(8) The date and summary of any crime involving property damage, any crime involving theft, and any crime involving violence occurring in such facility within one calendar year of the posted notice; and
(9) The date such information was last updated and posted.
(c) Failure to establish and maintain the self-service storage facility as provided in subsection (a) of this Code section shall constitute a breach of the rental agreement.
(d) Failure to post accurate information or updated information as provided in subsection (b) of this Code section shall constitute a breach of the rental agreement.
10-4-222.
(a) The owner of a self-service storage facility shall control for the presence of insects, rodents, and other pests in and immediately surrounding such facility by:
(1) Establishing and maintaining sufficient controls to prevent the entry and presence of such pests;
(2) Eliminating harborage conditions that attract such pests;
(3) Routinely inspecting the premises for evidence of such pests; and
(4) Using appropriate methods to prevent, control, and remove such pests.
(b) Within 24 hours of knowledge of a confirmed infestation, the owner of a self-service storage facility shall post notice of such infestation in a prominent and conspicuous location in such facility so as to be accessible to all occupants at all times and shall notify all occupants of such infestation by email.
(c) Failure to post the notice and notify occupants by email as provided in subsection (b) of this Code section shall constitute a breach of the rental agreement.
10-4-223.
(a) The owner of a self-service storage facility shall establish and maintain a complaint system which provides reasonable procedures for the resolution of complaints initiated by occupants and shall maintain records of all written complaints initiated by occupants for five years from the time such complaint is filed.
(b) The owner of a self-service storage facility shall provide a copy of the complaint log and any complaints related to code enforcement upon request by the code enforcement inspector investigating any complaint regarding such facility. Such complaint log and any complaints related to code enforcement shall be reviewed by such code enforcement inspector upon investigation of the facility.
(c) Failure to establish and maintain a complaint system as provided in subsection (a) of this Code section or failure to provide the complaint log or any complaints as provided in subsection (b) of this Code section shall constitute a breach of the rental agreement.
10-4-224.
(a) The rental agreement for a unit in a self-service storage facility shall indicate at least the following information:
(1) The monthly rate for the unit size;
(2) The dollar amount per square foot for the unit;
(3) Any fees associated with the transaction;
(4) Whether the unit is climate controlled;
(5) When and how the occupant may access the unit;
(6) Whether the facility has an onsite manager; and
(7) The maximum value of property allowed to be stored in the unit.
(b) It shall be an unlawful, unfair, and deceptive trade practice for the owner of a self-service storage facility to:
(1) Increase the monthly rate for a unit by more than 50 percent per calendar year;
(2) Increase the monthly rate for a unit more frequently than twice per calendar year;
(3) Advertise a monthly rate for a unit, unless the advertisement discloses a limitation of the duration of such rate;
(4) Advertise that a unit is available at a certain monthly rate when there is an insufficient supply to meet reasonably expectable public demand, unless the advertisement discloses a limitation of quantity; and
(5) Advertise that a unit may be used for a certain amount of property, whether by description, size, or value, but limit the recoverable value of property stored in such unit to less than such amount.
(c) Nothing in this Code section shall prevent an owner of a self-service storage facility and an occupant from contracting to set a monthly rate or to provide for greater liability based on the replacement value of items stored in a unit in such facility.
10-4-225.
(a) Violations of the provisions of subsection (b) of Code Section 10-4-224 shall be subject to the same civil remedies and in the same manner as provided by Part 2 of Article 15 of Chapter 1 of this title, the 'Fair Business Practices Act of 1975,' for persons whose business or property has been injured or damaged as a result of an unfair or deceptive act or practice in violation of subsection (a) of Code Section 10-1-393.
(b) The provisions of subsection (b) of Code Section 10-4-224 may be enforced by the state warehouse commissioner in the same manner as provided by Part 2 of Article 15 of Chapter 1 of this title, the 'Fair Business Practices Act of 1975,' for enforcement of the provisions of said part by the Attorney General against a person reasonably appearing to have engaged in an unfair or deceptive act or practice in violation of subsection (a) of Code Section 10-1-393, and the superior courts may grant injunctive relief and impose the same civil penalties for violations of injunctions as provided in said part."
SECTION 3.
Chapter 23 of Title 33 of the Official Code of Georgia Annotated, related to licensing in insurance, is amended by revising paragraphs (4) and (5) of subsection (e) of Code Section 33-23-12, relating to limited licenses, as follows: "(4) No insurance shall be issued pursuant to this subsection unless the limited licensee provides to a prospective occupant written material that:
(A) Provides a summary of the terms of insurance coverage, including the identity of the insurer;
(B) Conspicuously discloses that the policy of insurance may provide a duplication of coverage already provided by an existing policy of insurance;
(C) Describes the process for filing a claim in the event the occupant elects to purchase coverage and experiences a covered loss;
(D) Provides information regarding the price, deductible, benefits, exclusions, conditions, and any other limitations of such policy;
(E) States that the limited licensee is not authorized to evaluate the adequacy of the occupant's existing insurance coverages, unless such limited licensee is otherwise licensed; and
(F) States that the occupant may cancel the insurance at any time, and any unearned premium will be refunded in accordance with applicable law;
(G) Discloses any compensation the limited licensee, owner, or self-storage facility receives from the insurer for disseminating information about coverage or selling coverage to the occupant; and
(H) States that the purchase of insurance is not required in order for the occupant to purchase any other product or service from the self-service storage facility.
(5) Notwithstanding any other provision of this subsection or any rule adopted by the Commissioner, a limited licensee licensed pursuant to this subsection shall not be required to treat moneys collected from occupants under rental agreements as funds received in a fiduciary capacity, provided that and the charges for coverage shall be itemized and be ancillary to a rental agreement. The sale of insurance not in conjunction with a rental agreement shall not be permitted."
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to any rental agreements for self-service storage facilities renewed or entered into on or after July 1, 2025.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.