Senate Bill 272
By: Senators Kemp of the 38th, Jones II of the 22nd, Jackson of the 41st, Parent of the 44th,
Halpern of the 39th and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated,
relating to general provisions regarding landlord and tenant, so as to prohibit landlords from
requiring tenants to provide income information; to authorize tenants to withhold rent
payments under certain conditions; to provide for liability of landlords; to prohibit certain
late fees; to provide for habitability; to prohibit retaliation; to provide for fair housing; 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.
Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to
general provisions regarding landlord and tenant, is amended by revising Code
Section 44-7-13, relating to landlord's duties as to repairs and improvements, as follows:
"44-7-13.
(a) <ins>As used in this Code section, the term 'fit for human habitation' means a premises that
has:
(1) Functioning electrical systems;
</ins>
<ins>(2) Plumbing and properly functioning sanitary facilities;
(3) Availability of hot and cold water;
(4) Appliances that are properly installed and in safe working condition;
(5) No evidence of mold;
(6) Operable fire, smoke, and carbon monoxide detectors; and
(7) Buildings, grounds, and common areas that are maintained as clean, sanitary, and free
from debris, garbage, rodents, insects, and vermin.
(b)</ins> The landlord shall keep the premises in repair and shall be liable for all substantial
improvements placed upon the premises by such landlord's consent.
<del>(b)(c)</del> Any contract, lease, license, or similar agreement, oral or written, for the use or
rental of real property as a dwelling place is deemed to include a provision that the
premises is fit for human habitation."
SECTION 2.
Said article is further amended by revising subsection (a) of Code Section 44-7-14.1, relating
to landlord's duties as to utilities, as follows:
"(a) As used in this Code section, the term 'utilities' means cooling, heat, light, and <ins>hot and
cold</ins> water service."
SECTION 3.
Said article is further amended by adding new Code sections to read as follows:
<ins>"44-7-25.
(a) A landlord shall not require that a prospective tenant be required to earn at or above
three times the monthly allotted rent when the prospective tenant is using any type of
government voucher to subsidize their rent. This includes but is not limited to:
(1) Housing Choice Vouchers;
(2) Tenant Protection Vouchers;
</ins>
<ins>(3) Project Based Vouchers;
(4) Veterans Affairs Supportive Housing Vouchers;
(5) Emergency Housing Vouchers; and
(6) Enhanced Vouchers.
(b)(1) A tenant may withhold rent payments or have a condition repaired or remedied
and may deduct the cost from a subsequent rent payment as provided in this subsection.
(2) The tenant's deduction for the cost of the repair or remedy shall not exceed the
amount of one month's rent under the lease or $500.00, whichever is greater. However,
if the tenant's rent is subsidized in whole or in part by a governmental agency, the
deduction limitation of one month's rent shall be the fair market rent for the dwelling and
not the rent that the tenant pays. The fair market rent shall be determined by the
governmental agency subsidizing the rent, or in the absence of such a determination, it
shall be a reasonable amount of rent under the circumstances.
(3) Repairs and deductions under this subsection may be made as often as necessary so
long as the total repairs and deductions in any one month do not exceed one month's rent
or $500.00, whichever is greater.
(c) A landlord is liable to a tenant as provided by this article if:
(1) The tenant has given the landlord notice to repair or remedy a condition by giving
such notice to the person to whom or to the place where the tenant's rent is normally paid
or electronically via email;
(2) The condition materially affects the physical health or safety of an ordinary tenant
or would make the dwelling place unfit for human habitation;
(3) The tenant has given the landlord a subsequent written notice to repair or remedy the
condition after a reasonable time to repair or remedy the condition following the notice
by sending such notice by a method specified in the lease or by a method accepted by the
landlord in practice, or by certified mail, return receipt requested, by registered mail, by
</ins>
<ins>email, or by another form of mail that allows tracking of delivery from the United States
Postal Service or from a private delivery service;
(4) The landlord has had a reasonable time to repair or remedy the condition after the
landlord received the tenant's notices; and
(5) The landlord has not made a diligent effort to repair or remedy the condition after the
landlord received the tenant's notice and subsequent notice.
(d) A tenant whose landlord is liable under this Code section may:
(1) Terminate the lease;
(2) Withhold rent payments until the condition is repaired or remedied;
(3) Deduct from the tenant's rent, without necessity of judicial action, the cost of the
repair or remedy; and
(4) Obtain judicial remedies.
(e) If the tenant chooses to withhold rent payments under this Code section, the tenant may
withhold rent until the repair or remedy is completed. The tenant shall pay all rent owed
within five business days following the date the repair or remedy is completed. The tenant
may not withhold rent payments that came due before the tenant notified the landlord of
the condition in need of repair or remedy.
(f) No late fee may be charged for rent properly withheld under this Code section.
(g) A landlord shall have a reasonable period of time to cure any condition or habitability
violation of a dwelling place. In determining whether a period of time is a reasonable time
to repair or remedy a condition, there is a rebuttable presumption that ten days is a
reasonable time. To rebut that presumption, several factors may be considered, including
but not limited to the following:
(1) The date on which the landlord received the notice;
(2) The severity and scope and nature of the condition; and
(3) The reasonable availability of materials and labor.
</ins>
<ins>(h) A request for more time from the landlord shall be in writing to the tenant before the
termination of the ten-day period to cure the violation. Written requests may be made in
several ways and may be delivered in person, via mail, or transmitted by email. A request
for more time shall include:
(1) A plan to repair the violation;
(2) A plan to mitigate the effects of the violation on the tenants; and
(3) An estimate of the amount of time required to cure the violation.
(i) If the landlord fails to cure the habitability violations within a reasonable time as
described in subsections (g) and (h) of this Code section, then the tenant shall have the right
to refuse to pay rent.
(j)(1) A landlord shall not retaliate against a tenant by taking an action because the
tenant:
(A) In good faith exercises or attempts to exercise against a landlord a right or remedy
granted to the tenant by the lease agreement, a municipal ordinance, or federal or state
law;
(B) Gives the landlord a notice to repair or exercise a remedy under this article;
(C) Complains to a governmental entity responsible for enforcing building or housing
codes, a public utility, or a civic or nonprofit agency, and the tenant:
(i) Claims a building or housing code violation or utility problem; and
(ii) Believes in good faith that the complaint is valid and that the violation or problem
occurred; or
(D) Establishes, attempts to establish, or participates in a tenant organization.
(2) A landlord shall not retaliate against a tenant by:
(A) Filing an eviction proceeding;
(B) Depriving the tenant of the use of the premises, except for reasons authorized by
law;
(C) Decreasing services to the tenant;
</ins>
<ins>(D) Increasing the tenant's rent;
(E) Terminating the tenant's lease agreement; or
(F) Engaging, in bad faith, in a course of conduct that materially interferes with the
tenant's rights under the tenant's lease agreement.
44-7-26.
(a) It shall be unlawful for a person to:
(1) Refuse to sell or rent a dwelling after a bona fide offer has been made, or to refuse
to negotiate for the sale or rental of a dwelling, because of race, color, religion, sex,
familial status, source of income, or national origin, or to discriminate in the sale or rental
of a dwelling because of disability;
(2) Discriminate in the terms, conditions, or privileges of sale or rental of a dwelling, or
in the provision of services or facilities in connection with such sale or rental, because of
race, color, religion, sex, disability, familial status, source of income, or national origin;
(3) Engage in any conduct relating to the provision of housing which otherwise makes
unavailable or denies dwellings to persons because of race, color, religion, sex, disability,
familial status, source of income, or national origin;
(4) Make, print, or publish, or cause to be made, printed, or published, any notice,
statement, or advertisement with respect to the sale or rental of a dwelling that indicates
any preference, limitation, or discrimination because of race, color, religion, sex,
disability, source of income, familial status, or national origin, or any intention to make
any such preference, limitation, or discrimination;
(5) Represent to any person because of race, color, religion, sex, disability, familial
status, source of income, or national origin that a dwelling is not available for sale or
rental when such dwelling is in fact available;
</ins>
<ins>(6) Engage in blockbusting practices in connection with the sale or rental of a dwelling
because of race, color, religion, sex, disability, source of income, familial status, or
national origin; or
(7) Deny access to or membership or participation in, or to discriminate against any
person in his or her access to or membership or participation in, any multiple-listing
service, real estate brokers' association, or other service organization or facility relating
to the business of selling or renting a dwelling, or in the terms or conditions or
membership or participation, because of race, color, religion, sex, disability, familial
status, source of income, or national origin.
(b)(1) It shall be unlawful for a person to refuse to sell or rent a dwelling to a person who
has made a bona fide offer because of race, color, religion, sex, familial status, source of
income, or national origin or to refuse to negotiate with a person for the sale or rental of
a dwelling because of race, color, religion, sex, familial status, source of income, or
national origin, or to discriminate against any person in the sale or rental of a dwelling
because of disability.
(2) Prohibited actions under this Code section include, but are not limited to:
(A) Failing to accept or consider a bona fide offer because of race, color, religion, sex,
disability, familial status, source of income, or national origin;
(B) Refusing to sell or rent a dwelling to, or to negotiate for the sale or rental of a
dwelling with any person because of race, color, religion, sex, disability, familial status,
source of income, or national origin;
(C) Imposing different sales prices or rental charges for the sale or rental of a dwelling
upon any person because of race, color, religion, sex, disability, familial status, source
of income, or national origin;
(D) Using different qualification criteria or applications, or sale or rental standards or
procedures, such as income standards, application requirements, application fees, credit
</ins>
<ins>analysis, or sale or rental approval procedures or other requirements, because of race,
color, religion, sex, handicap, familial status, source of income, or national origin; and
(E) Evicting tenants because of their race, color, religion, sex, disability, familial
status, source of income, or national origin or because of the race, color, religion, sex,
disability, familial status, source of income, or national origin of a tenant's guest.
(c)(1) It shall be unlawful, because of race, color, religion, sex, disability, familial status,
source of income, or national origin, to impose different terms, conditions, or privileges
relating to the sale or rental of a dwelling or to deny or limit services or facilities in
connection with the sale or rental of a dwelling.
(2) Prohibited actions under this Code section include, but are not limited to:
(A) Using different provisions in leases or contracts of sale, such as those relating to
rental charges, security deposits, and the terms of a lease and those relating to down
payment and closing requirements, because of race, color, religion, sex, handicap,
familial status, source of income, or national origin;
(B) Failing to perform or delaying maintenance or repairs of rental dwellings because
of race, color, religion, sex, disability, familial status, source of income, or national
origin;
(C) Failing to process an offer for the sale or rental of a dwelling or to communicate
an offer accurately because of race, color, religion, sex, disability, familial status,
source of income, or national origin;
(D) Limiting the use of privileges, services, or facilities associated with a dwelling
because of the race, color, religion, sex, disability, familial status, source of income, or
national origin of an owner, tenant, or a person associated with him or her; and
(E) Denying or limiting services or facilities in connection with the sale or rental of a
dwelling because a person failed or refused to provide sexual favors."
</ins>
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.