SB 313: Enforcement Methods; investigations or inspections of certain residential rental property when there is a reasonable suspicion of a code violation; provide

Under current Georgia law, local governments cannot inspect residential rental property unless they have probable cause to believe a building code violation exists, and they cannot require landlords to register rental units. Senate Bill 313 would lower that bar for larger rental properties and open the door to registration requirements for big landlords. The bill rewrites O.C.G.A. § 36-74-30(b) so that, with adequate notice to the owner, a local government could inspect residential rental property with four or more dwelling units based on a 'reasonable suspicion' of a code violation, rather than the stricter 'probable cause' standard used today. Visible conditions that look like code violations can still support that suspicion. The bill also allows local governments to require registration of rental property owned, directly or indirectly, by any person or entity that owns at least 20 residential rental properties in Georgia. Smaller landlords and single-family rentals remain under the old rules. The bill repeals conflicting laws but does not state a separate effective date.

• Lowers the legal standard local governments must meet before inspecting rental property with four or more units, from 'probable cause' to 'reasonable suspicion' of a code violation.
• Requires local governments to give the owner adequate notice before performing such an inspection.
• Allows local governments to require registration of rental property owned by any person or entity that owns at least 20 residential rental properties statewide.
• Keeps the rule that visible conditions resembling code violations can support the suspicion needed for an inspection.
• Repeals any existing state or local laws that conflict with these new rules.

Owners and managers of residential rental properties with four or more units, especially large landlords or companies that own 20 or more rental properties in Georgia, along with city and county code enforcement agencies and tenants living in these larger rental buildings.

Large landlords could face more frequent inspections triggered by a lower evidentiary bar, plus new registration paperwork with local governments. Tenants in bigger rental buildings might see code issues addressed sooner, while smaller landlords and single-family rental owners stay under the current, stricter probable cause standard.

• Section 1 revises O.C.G.A. § 36-74-30(b): removes the blanket ban on inspections without probable cause and instead permits inspections of rental property with four or more units based on reasonable suspicion of a code violation, with notice to the owner.
• Section 1 also adds a new registration allowance letting local governments require registration of rental properties owned by a person or entity holding at least 20 such properties in Georgia.
• Section 2 repeals any conflicting laws, a standard clean-up provision with no independent policy effect.

1. 2025-03-03Senate Read and Referred (Senate)
2. 2025-02-28Senate Hopper (Senate)

• Jason Esteves (D, SD-35)Primary sponsor
• Josh McLaurin (D, SD-14)
• Derek Mallow (D, SD-2)
• Harold Jones II (D, SD-22)

• rental property regulation
• landlord tenant law
• code enforcement
• local government authority
• housing