Senate Bill 257
By: Senator James of the 28th
A BILL TO BE ENTITLED
AN ACT
To amend Chapters 2 and 3 of Title 49 of the Official Code of Georgia Annotated, relating
to Department of Human Services and county and district departments, boards, and directors
of family and children services, respectively, so as to authorize local governments to adopt
and implement affordable family housing assistance programs; to provide for the application
and issuance of certificates of approval by the Division of Family and Children Services; to
provide for requirements for ordinances and resolutions; to provide for the revocation of such
certificates of approval by the division; to require the establishment of affordable family
housing assistance trust funds; to provide conditions and restrictions on financial assistance
offered through such affordable family housing assistance programs; to provide for reporting
requirements; to provide for the determination of median annual gross household incomes;
to authorize the promulgation of rules and regulations; to provide definitions; to provide for
related matters; to provide for an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to Department of
Human Services, is amended in Code Section 49-2-6, relating to powers and duties, by
revising subsection (a) as follows:
"(a) The department shall administer or supervise all county departments of the state as
provided in <ins>Article 1 of</ins> Chapter 3 of this title."
SECTION 2.
Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to county and
district departments, boards, and directors of family and children services, is amended by
designating Code Sections 49-3-1 through 49-3-9 as Article 1 and by adding a new article
to read as follows:
<ins>"ARTICLE 2
49-3-10.
As used in this article, the term:
(1) 'Affordable family housing' means:
(A) An owner occupied residential dwelling for which the annual mortgage payments,
taxes, homeowner's insurance premiums, and condominium or association fees, if any,
constitute no more than 30 percent of the median annual gross household income, as
determined by the division, for a household of the size that may occupy the dwelling
in the county where the dwelling is located; or
(B) A rented residential dwelling for which the annual rent and other associated fees
constitute no more than 30 percent of the median annual gross household income, as
determined by the division, for a household of the size that may occupy the dwelling
in the county where the dwelling is located.
</ins>
<ins>(2) 'Annual gross household income' means all wages and income received by each
member of a household from all sources, except those excluded by the division's rules
and regulations, in a calendar year.
(3) 'Division' means the Division of Family and Children Services of the Department of
Human Services.
(4) 'Eligible recipient' means a low-income person, a very low-income person, or an
eligible sponsor.
(5) 'Eligible sponsor' means an individual or entity that constructs, rehabilitates, or
otherwise makes affordable family housing available to the public.
(6) 'Homeless person' means an individual who is a resident of this state and who has no
reasonable access to either traditional or permanent housing which can be considered
safe, sanitary, decent, and affordable.
(7) 'Local government' means a county, municipal corporation, or consolidated
government.
(8) 'Low-income person' means a person who is living in a household that is located in
this state and that has an annual gross household income that exceeds 50 percent but does
not exceed 80 percent of the median annual gross household income, as determined by
the division, for households of the same size within the county where such household is
located and who has at least one minor dependent.
(9) 'Mortgage' means any indebtedness secured by a lien or security interest on a
residential dwelling that was incurred to pay for all or part of the purchase price of the
residential dwelling by the obligor or obligors of such indebtedness.
(10) 'Multifamily structure' means a building, other than a townhouse, that contains four
or more individual residential dwelling units, each of which is designed exclusively for
use and occupation by one family.
(11) 'Single-family residential dwelling' means:
</ins>
<ins>(A) A building that contains one residential dwelling unit and that is designed
exclusively for use and occupation by one family; or
(B) A townhouse.
(12) '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
family, is located on an individual lot or parcel, and shares at least one common wall with
an adjacent unit.
(13) 'Very low-income person' means:
(A) A person who is living in a household that is located in this state and that has an
annual gross household income that does not exceed 50 percent of the median annual
gross household income, as determined by the division, for households of the same size
within the county where such household is located and who has at least one minor
dependent; or
(B) A homeless person.
49-3-11.
(a) On and after January 1, 2026, any local government in this state is authorized, but not
required, to adopt and implement by ordinance or resolution an affordable family housing
assistance program in its respective jurisdiction in accordance with the provisions of this
article.
(b) Such affordable family housing assistance program shall award loans, grants,
guarantees, or other forms of financial assistance to eligible recipients for the sole purpose
of:
(1) Constructing or rehabilitating affordable family housing or otherwise making
affordable family housing available to the public; or
</ins>
<ins>(2) Offering assistance for payment of security deposits, first month's rent, and final
month's rent to low-income persons or very low-income persons.
49-3-12.
(a) Any local government that elects to establish an affordable family housing assistance
program pursuant to this article shall apply to the division for a certificate of approval. The
division shall, by rules and regulations, prescribe the form and manner of such application
for a certificate of approval.
(b) The division shall approve an application and issue a certificate of approval if the
division determines that the local government has adopted an ordinance or resolution
establishing an affordable family housing assistance program that complies with the
provisions of Code Section 49-3-13 and any rules or regulations promulgated by the
division pursuant to this article.
(c) After a certificate of approval has been issued to a local government pursuant to this
Code section, the division shall continue to monitor such local government's affordable
family housing assistance program to ensure its ordinance or resolution establishing the
program is still in effect and that such local government's actions are in conformance with
such ordinance or resolution.
49-3-13.
(a) A local government shall not be issued a certificate of approval by the division under
Code Section 49-3-12 unless such local government adopts an ordinance or resolution
establishing an affordable family housing assistance program pursuant to this article. Such
ordinance or resolution shall:
(1) Establish and maintain an affordable family housing assistance trust fund in
accordance with the provisions of Code Section 49-3-15;
</ins>
<ins>(2) Establish specific loans, grants, guarantees, or other forms of financial assistance that
will be made available to eligible recipients through the affordable family housing
assistance program. Such loans, grants, guarantees, or other forms of financial assistance
shall be consistent with the provisions of this article and any rules and regulations
promulgated by the division and be limited to awards that will:
(A) Result in the construction or rehabilitation of affordable family housing or
otherwise make affordable family housing available to the public; or
(B) Offer assistance for payment of security deposits, first month's rent, and final
month's rent to low-income persons or very low-income persons;
(3) Establish eligibility criteria and terms and conditions for any loans, grants,
guarantees, or other forms of financial assistance that will be made available through the
affordable family housing assistance program. Such eligibility criteria and terms and
conditions shall be consistent with the provisions of this article and any rules and
regulations promulgated by the division pursuant to this article;
(4) Designate to a committee, council, or department of the local government the
responsibility of implementing and administering the affordable family housing
assistance program. Such committee, council, or department of the local government
shall be given the authority to adopt rules and regulations that are necessary to carry out
its duties in administering the affordable family housing assistance program and that are
not inconsistent with the provisions of this article or the rules and regulations
promulgated by the division pursuant to this article; and
(5) Provide for any other matter as may be required by the rules and regulations
promulgated by the division pursuant to this article.
(b) Any ordinance or resolution adopted by a local government that establishes an
affordable family housing assistance program pursuant to this article shall not become
effective until such local government is issued a certificate of approval by the division
pursuant to Code Section 49-3-12.
</ins>
<ins>49-3-14.
(a) The division may revoke a certificate of approval issued to any local government
pursuant to Code Section 49-3-12 if the division determines that:
(1) The ordinance or resolution adopted by the local government establishing an
affordable family housing assistance program pursuant to this article is no longer in effect
or has been modified such that the ordinance or resolution no longer complies with the
provisions of Code Section 49-3-13;
(2) The local government's actions are not in conformance with the ordinance or
resolution establishing the affordable family housing assistance program pursuant to this
article; or
(3) The local government has failed to comply with the reporting obligations set forth
in Code Section 49-3-19.
(b) Upon the revocation of a certificate of approval pursuant to subsection (a) of this Code
section, the division shall notify the local government and the clerk of the superior court
of such revocation.
49-3-15.
(a) An affordable family housing assistance trust fund established and maintained by a
local government pursuant to this article shall be kept separate from all other moneys and
accounts of the local government.
(b) All moneys appropriated to or otherwise made available by a local government to fund
an affordable family housing assistance program adopted pursuant to this article shall be
placed into such affordable family housing assistance trust fund by the local government.
(c) Disbursements from such affordable family housing assistance trust fund shall only be
made by the local government to:
</ins>
<ins>(1) Fund a loan, grant, guarantee, or other form of financial assistance that is awarded
to an eligible recipient in accordance with the provisions of this article and the rules and
regulations adopted by the division; or
(2) Provide for the payment of the costs and expenses associated with the local
government's administration of the affordable family housing assistance program adopted
pursuant to this article.
49-3-16.
Any loans, grants, guarantees, or other forms of financial assistance offered by an
affordable family housing assistance program established pursuant to this article that are
intended to result in the construction or rehabilitation of affordable family housing or
otherwise make affordable family housing available to the public shall only be awarded to
eligible sponsors that contractually agree to use the proceeds of such assistance to:
(1) Construct, rehabilitate, or otherwise make available to the public multiple
single-family residential dwellings, each of which will constitute affordable family
housing, or one or more multifamily structures whose individual residential dwelling
units will constitute affordable family housing;
(2) Reserve at least 40 percent of such constructed or rehabilitated residential dwellings
for rent to low-income persons; and
(3) Reserve at least 20 percent of such constructed or rehabilitated residential dwellings
for rent to very low-income persons.
49-3-17.
Any affordable family housing assistance program established pursuant to this article that
offers assistance for payment of security deposits, first month's rent, and final month's rent
to low-income persons or very low-income persons shall only offer such assistance to
low-income persons or very low-income persons.
</ins>
<ins>49-3-18.
In addition to the provisions of this article, the division shall establish, through rules and
regulations, further terms, conditions, and restrictions of any assistance provided through
an affordable family housing assistance program established pursuant to this article that the
division determines are necessary to ensure that such assistance is appropriately and
efficiently awarded and utilized.
49-3-19.
(a) Each local government that establishes an affordable family housing assistance
program pursuant to this article shall annually file with the division a report specifying and
accounting for:
(1) All moneys deposited into and disbursed from the affordable family housing
assistance trust fund established and maintained pursuant to this article;
(2) All loans, grants, guarantees, or other forms of financial assistance awarded by the
local government through such program; and
(3) Such other information as may be required by the rules and regulations promulgated
by the division pursuant to this article.
(b) The division shall, by rules and regulations, specify the form and manner that the
annual report required under subsection (a) of this Code section shall be filed.
49-3-20.
(a) The division shall annually determine and publish on its website the median annual
gross household incomes in each county of this state for households that have between one
and eight persons. In making such determinations, the division may rely on data and
information provided by the United States Census Bureau, the United States Department
of Housing and Urban Development, the United States Department of Labor, the United
</ins>
<ins>States Department of Commerce, and any other source that the division determines is
accurate and reliable.
(b) The median annual gross household incomes for each county determined and published
by the division pursuant to subsection (a) of this Code section shall be used to determine
whether individuals meet the definition of low-income persons or very low-income
persons.
49-3-21.
(a) The division shall promulgate all rules and regulations required by this article and any
further rules and regulations that are not inconsistent with the provisions of this article and
that the division deems necessary and proper to administer the provisions of this article.
(b) The initial rules and regulations governing affordable family housing assistance
programs established pursuant to this article shall be promulgated and adopted by the
division by October 1, 2025, after an opportunity has been provided for public comment.
(c) The rules and regulations promulgated by the division pursuant to this article shall be
subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
</ins> SECTION 3.
This Act shall become effective on July 1, 2025.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.