Georgia Commons

House · Introduced · 2025-2026 Regular Session

HR 1392: Ad valorem tax; qualified low-income building projects may be classified as a separate class of property; provide - CA

Last action March 3, 2026 · House Committee Favorably Reported

A Georgia House resolution would ask voters to amend the state Constitution so qualified low-income housing projects can be taxed as their own property class, with rules set by the General Assembly.

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In plain language

Georgia's Constitution currently lists specific categories of property, like trailers, mobile homes, and heavy-duty equipment owned by nonresidents, that can be taxed differently from other property. This resolution proposes adding a new category: qualified low-income housing projects, defined using the federal tax code's definition of low-income housing tax credit properties (26 U.S.C. Section 42(g)(1)). If approved by two-thirds of each chamber of the General Assembly and then by Georgia voters in a statewide referendum, the amendment would let the legislature set separate property tax rates, valuation methods, and assessment dates for these housing projects, subject to conditions the General Assembly writes into law. The resolution also sets the exact ballot language voters would see, asking them to vote yes or no on the change.

What the bill does

  • Proposes adding qualified low-income housing projects, defined by the federal tax code at 26 U.S.C. Section 42(g)(1), as a new separate class of property for Georgia property tax purposes.
  • Allows the General Assembly to set different tax rates, valuation methods, and assessment dates for these housing projects than apply to other property.
  • Requires the proposed constitutional amendment to be submitted to Georgia voters for ratification or rejection in a statewide referendum.
  • Specifies the exact yes or no ballot question voters will see if the amendment is submitted for a vote.

Who it affects

Developers and owners of qualified low-income housing projects that receive federal low-income housing tax credits, county tax assessors and local governments that administer property taxes, and Georgia voters, who would decide the amendment's fate in a referendum.

Why it matters

If ratified, the change could let the General Assembly set lower or different property tax treatment for low-income housing developments, potentially affecting the cost of building or operating such housing and the property tax revenue local governments collect from these projects.

Key provisions

  • Section 1 amends Article VII, Section I, Paragraph III(b) of the Georgia Constitution to add a new subparagraph (D) creating a separate property tax class for qualified low-income housing projects as defined in 26 U.S.C. Section 42(g)(1).
  • Section 1 keeps this new classification subject to conditions and limitations the General Assembly may set by general law, similar to the existing classes for trailers, mobile homes, and nonresident heavy-duty equipment.
  • Section 2 requires the amendment to be published and submitted to voters under Article X, Section I, Paragraph II of the Constitution, and sets the specific ballot wording for the yes/no vote.

From the bill

Qualified low-income housing projects as such term is defined in 26 U.S.C. Section 42(g)(1).

This is the new property tax classification the amendment would create for low-income housing.

Shall the Constitution of Georgia be amended so as to provide that qualified ( ) NO low-income housing projects may be classified as a separate class of property for ad valorem property tax purposes

This is the exact question Georgia voters would see on the ballot.

Status timeline

  1. 2026-03-03House Committee Favorably Reported (House)
  2. 2026-02-19House Second Readers (House)
  3. 2026-02-18House First Readers (House)
  4. 2026-02-18House Hopper (House)

Sponsors

  • Shaw Blackmon (R, HD-146)Primary sponsor
  • Rob Leverett (R, HD-123)

Topics

  • property taxes
  • low-income housing
  • constitutional amendment
  • affordable housing
  • tax classification

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Answers come from this document. Not legal advice.

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HR1392: Ad valorem tax; qualified low-income building projects may be classified as a separate class of property; provide - CA | Georgia Commons