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,
relating to fair housing, so as to provide for artificial intelligence or automated decision tools
in actions for discriminatory housing practices; to prohibit the use of certain defenses in
actions for discriminatory housing practices; to prohibit the use of artificial intelligence or
automated decision tools without human oversight in making certain housing determinations;
to prohibit making certain housing determinations using artificial intelligence or automated
decision tools without certain disclosures; to provide for enforcement by Attorney General;
to provide for fines; to provide for a short title; to provide for definitions; 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 "Fair and Future Ready Housing Act."
SECTION 2.
Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair
housing, is amended by adding a new Code section to read as follows:
<ins>"8-3-224.
(a) As used in this Code section:
(1) 'Artificial intelligence' means a machine based system that can, for a given set of
human defined objectives, make predictions, recommendations, or decisions influencing
a real or virtual environment.
(2) 'Automated decision tool' means a system or service that uses artificial intelligence
and has been specifically developed and marketed or specifically modified to make, or
to be a controlling factor in making, consequential decisions.
(3) 'Judicatory' means any court, official, board, tribunal, commission, municipal or
county authority, council, or similar body exercising judicial or quasi-judicial powers
authorized by law, as well as any arbitrator, administrative law judge, mediator, or similar
adjudicator authorized by law to act on behalf or at the request of any public official or
body.
(b) Any prohibition in this article against any discriminatory housing practice shall include
a prohibition against such discriminatory housing practice resulting from the use of or
reliance upon artificial intelligence or automated decision tools.
(c) In any action or proceeding before any judicatory stemming from a prohibition on
discriminatory housing practices, reliance upon artificial intelligence or automated decision
tools shall not be a defense to an allegation of discrimination.
(d) No person shall use artificial intelligence or automated decision tools to make
determinations relating to the sale, rental, or financing of dwellings or in the provision of
brokerage services or facilities in connection with the sale or rental of a dwelling, without
the participation or review of such determinations by an individual responsible for making
such determination.
(e) No person shall use artificial intelligence or automated decision tools to make
determinations relating to the sale, rental, or financing of dwellings or in the provision of
</ins>
<ins>brokerage services or facilities in connection with the sale or rental of a dwelling, without
disclosing to any affected individuals that such tools were used.
(f)(1) If the Attorney General determines, after notice and hearing, that a person has
violated either subsection (c) or (d) of this Code section, the Attorney General may issue
an administrative order imposing a penalty of not more than $10,000.00.
(2) The hearing and any administrative review pursuant to this subsection shall be
conducted in accordance with the procedure for contested cases under Chapter 13 of Title
50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all
administrative remedies available and who is aggrieved or adversely affected by a final
order or action of the Attorney General shall have the right of judicial review in
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.