Senate Bill 251
By: Senators Jackson of the 41st and Goodman of the 8th
A BILL TO BE ENTITLED
AN ACT
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia
Annotated, relating to the "Fair Business Practices Act of 1975," so as to encourage
transparency and fairness with respect to rent pricing for residential properties; to prohibit
landlords from failing to disclose the total rental price of any residential property and
charging deceptive fees for any residential property; to provide for definitions; to provide for
statutory construction; to provide for related matters; 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.
Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated,
relating to the "Fair Business Practices Act of 1975," is amended in subsection (b) of Code
Section 10-1-393, relating to unfair or deceptive practices in consumer transactions unlawful
and examples, by striking "and" at the end of paragraph (34), replacing the period at the end
of paragraph (35) with "; and", and adding a new paragraph to read as follows:
<ins>"(36) Failure to comply with the provisions of Code Section 10-1-393.20 regarding rent
pricing for residential properties."
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SECTION 2.
Said part is further amended by adding a new Code section to read as follows:
<ins>"10-1-393.20.
(a) As used in this Code section, the term:
(1) 'Clearly and conspicuously' means a disclosure that is easily noticeable and easily
understandable by an ordinary consumer and displays any total rental price more
prominently than any other pricing information.
(2) 'Deceptive fees' means any fee for residential property, other than the cost to rent the
residential property, including any fee:
(A) That is reasonably avoidable or excessive;
(B) Charged for any service not actually used nor received;
(C) Related to providing any service the landlord is legally required to provide under
federal, state, or local law, or any rental agreement;
(D) That restricts competition, including, but not limited to, a fee charged for failing
to use a landlord's preferred vendor or service provider;
(E) That is not expressly provided for in the rental agreement; or
(F) That is designated as a deceptive fee with respect to residential properties by the
Attorney General.
(3) 'Excessive' means greater than the actual cost of a good or service.
(4) 'Governmental fee' means any tax or other fee imposed by any federal, state, or local
government entity, or by any tribal entity.
(5) 'Mandatory fee' means any additional fee or surcharge which a consumer is required
to pay for any ancillary services or otherwise as part of renting any residential property.
(6) 'Rent' means to lease, sublease, let, or accept a grant for consideration of the right to
possess and enjoy the use of any residential property either for a fixed time or at the will
of the landlord.
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<ins>(7) 'Rental agreement' means any lease, rental, or other written agreement entered into
by a landlord and a consumer in order to rent any residential property.
(8) 'Rental price' means any pricing information relating to an amount a consumer must
pay in order to rent any residential property.
(9) 'Residential property' means any building, structure, or portion thereof which is
occupied as, or designed or intended for occupancy as, a residence. Such term includes
hotels, inns, vacation rentals, or other short-term rental properties.
(10) 'Total rental price' means the total of all fees or charges a consumer must pay in
order to rent any residential property, including, but not limited to, any mandatory fees
or governmental fees.
(b) Without otherwise limiting the definition of unfair or deceptive acts or practices under
this part, it shall be unlawful for any landlord to:
(1) Offer, display, or advertise any rental price of any residential property without clearly
and conspicuously disclosing the total rental price;
(2) Enter into any rental agreement with, or accept payment from, a consumer before
disclosing clearly and conspicuously to such consumer the total rental price for such
residential property; or
(3) Charge or otherwise impose on a consumer any deceptive fee in connection with
renting any residential property.
(c) Nothing in this Code section shall be construed to prohibit any landlord from pursuing
remedies for any default under, early termination of, or other violation of a rental
agreement; provided, however, that such remedies are expressly provided for in the rental
agreement and any damages provided for are not excessive."
</ins> SECTION 3.
(a) This Act shall become effective upon its approval by the Governor or upon its becoming
law without such approval.
(b) This Act shall apply to all rental agreements entered into on or after the effective date
of this Act, and to any renewal, modification, or extension of such agreements entered into
on or after such effective date.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.