---
title: SB 318. Contracts; certain agreements involving parallel pricing coordination as unenforceable contracts in general restraint of trade with respect to residential rental properties; prohibit
collection: bills
id: 2025-2026/sb318
cite_as: SB 318, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb318
md_url: https://georgiacommons.org/bills/2025-2026/sb318.md
text_url: https://georgiacommons.org/bills/2025-2026/sb318/text
source_url: https://www.legis.ga.gov/legislation/71062
date: 2025-03-04
status: introduced
corpus_version: bills-2026-09-12
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb318.md?full=1
bill_number: SB 318
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-03-03
last_action: Senate Read and Referred
sponsors:
- Nikki Merritt
- Nabilah Islam Parkes
- Derek Mallow
- Harold Jones
- Sally Harrell
- Kenya Wicks
- Sonya Halpern
- Elena Parent
- Kim Jackson
- RaShaun Kemp
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB318/2025
upstream_id: 1990318
summaries_model: claude-sonnet-5
topic_tags:
- rental prices
- landlord regulation
- housing law
- antitrust
- tenant rights
---
# SB 318. Contracts; certain agreements involving parallel pricing coordination as unenforceable contracts in general restraint of trade with respect to residential rental properties; prohibit
## Text
Senate Bill 318
By: Senators Merritt of the 9th, Islam Parkes of the 7th, Mallow of the 2nd, Jones II of the
22nd, Harrell of the 40th and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal
and void contracts generally, so as to prohibit certain agreements involving parallel pricing
coordination as unenforceable contracts in general restraint of trade with respect to
residential rental properties; to provide for a civil penalty; to provide for educational
materials informing residents in this state of the provisions of this Act; to provide for
statutory construction; to provide for an effective date and applicability; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void
contracts generally, is amended by adding a new Code section to read as follows:
"13-8-5.
(a) As used in this Code section, the term:
(1) 'Agreement' means any contract, combination, or other agreement, whether verbal or
written.
(2) 'Coordinating function' means:
(A) Collecting historical or contemporaneous rental prices, supply levels, or rental
agreement termination and renewal dates of residential properties from two or more
landlords;
(B) Analyzing or processing the information described in subparagraph (A) of this
paragraph through the use of a system, software, or process, including, but not limited
to, a computational process that uses machine learning or other artificial intelligence
techniques; and
(C) Recommending rental prices, rental agreement renewal terms, or ideal occupancy
levels to a landlord.
(3) 'Coordinator' means an individual who uses or causes to be used a system, software,
or process that performs a coordinating function for one or more landlords, including a
landlord that is performing a coordinating function for the landlord's own benefit.
(4) 'Landlord' means the owner, lessor, or sublessor of a residential property or any
person designated as an agent or representative of the owner, lessor, or sublessor,
including, but not limited to, an agent, a resident manager, or a designated property
manager.
(5) 'Parallel pricing coordination' means any agreement between two or more landlords
to raise, lower, change, maintain, or otherwise manipulate the rental price of two or more
residential properties.
(6) 'Person' means any individual, partnership, association, firm, public or private
corporation, trust, or unincorporated organization. Such term shall include a coordinator
or a landlord.
(7) 'Rental agreement' means any lease, rental, or other written agreement entered into
by a landlord and a tenant in order for such tenant to lease, sublease, let, or accept a grant
for consideration the right to possess and enjoy the use of a residential property.
(8) 'Rental price' means any consideration a tenant must pay in order to lease, sublease,
let, or accept a grant of the right to possess and enjoy the use of a residential property
either for a fixed time or at the will of the landlord.
(9) 'Residential property' means any building, structure, or portion thereof which is used
or occupied as, or designed or intended for use or occupancy as, a residence.
(b) No person shall enter into, cause to be entered into, or perform a coordinating function
in relation to an agreement involving parallel pricing coordination. Any such agreement
shall be deemed an unenforceable contract in general restraint of trade as provided in Code
Section 13-8-2, and any person that enters into, causes to be entered into, or performs a
coordinating function in relation to the same shall be subject to a civil penalty of $1,000.00
per violation. The civil penalty provided for in this subsection shall be recoverable in a
civil action brought in any court of competent jurisdiction by the Attorney General or any
district attorney.
(c) The Department of Community Affairs shall develop and publish educational materials
informing residents of this state of the provisions of this Code section.
(d) Nothing in this Code section shall be construed to apply to, impair, or otherwise
prohibit actions taken by a person or any federal, state, or local governmental entity, or any
official, employee, or agent thereof, while in the exercise or performance of any power or
duty imposed by a federal or state affordable or low-income housing law, program, or
initiative."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval and shall apply to all agreements related to residential property
entered into on or after such date and to all renewals, modifications, or extensions of such
agreements entered into on or after such date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia Senate bill would ban landlords from using software or shared data to coordinate rental prices with each other, making such agreements void and subject to a $1,000 civil penalty per violation.
### Plain-language summary
This bill targets a practice sometimes called algorithmic rent-setting, where landlords use pricing software or shared data to coordinate rents rather than setting prices independently. It adds a new section to Georgia's contracts law (O.C.G.A. ยง 13-8-5) that makes any agreement involving 'parallel pricing coordination' between two or more landlords an unenforceable contract in general restraint of trade.
The bill defines key terms broadly, including 'coordinating function' (collecting rental data and using software, including AI or machine learning, to recommend prices or occupancy levels) and 'coordinator' (anyone who runs such a system). Violators face a $1,000 civil penalty per violation, collectible by the Attorney General or a district attorney. The Department of Community Affairs must publish materials explaining the law to residents. The law would exempt actions taken under federal or state affordable housing programs, and it would take effect immediately upon the Governor's signature, applying to agreements entered into, renewed, or modified on or after that date.
### What it does
- Makes any agreement between two or more landlords to coordinate rental prices through data-sharing or software an unenforceable contract under Georgia law.
- Creates a $1,000 civil penalty per violation, enforceable by the Attorney General or a district attorney in court.
- Defines 'coordinating function' to cover software or AI systems that collect rental data from multiple landlords and recommend prices or occupancy levels.
- Requires the Department of Community Affairs to create and publish educational materials explaining the new rules to Georgia residents.
- Exempts actions taken under federal or state affordable or low-income housing programs from the new restrictions.
### Who it affects
Landlords and property managers of residential rentals in Georgia, companies that provide rental pricing software or data analytics services, tenants who rent residential properties, and state officials such as the Attorney General, district attorneys, and the Department of Community Affairs.
### Why it matters
If landlords use shared data or software to align rents rather than competing independently, tenants could face higher or less competitive pricing. This bill would let the state void such arrangements and fine participants, potentially affecting how rental pricing software is used in Georgia's housing market.
### Key provisions
- Section 1 adds new Code Section 13-8-5, defining terms such as 'coordinating function,' 'coordinator,' 'landlord,' and 'parallel pricing coordination.'
- Subsection (b) prohibits entering into or performing a coordinating function for a parallel pricing coordination agreement and sets a $1,000 civil penalty per violation.
- Subsection (b) specifies the penalty is recoverable in civil court by the Attorney General or any district attorney.
- Subsection (c) requires the Department of Community Affairs to develop and publish public educational materials about the law.
- Subsection (d) exempts actions taken under federal or state affordable or low-income housing laws or programs.
- Section 2 sets the effective date as the date of the Governor's approval (or becoming law without approval), applying to agreements entered into or renewed after that date.
## Status
- Status: Introduced (2025-03-03)
- Last action: Senate Read and Referred (2025-03-04)
- Sponsors: Nikki Merritt, Nabilah Islam Parkes, Derek Mallow, Harold Jones, Sally Harrell, Kenya Wicks, Sonya Halpern, Elena Parent, Kim Jackson, RaShaun Kemp
- Official page: https://www.legis.ga.gov/legislation/71062
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb318.md?full=1