HR1392: HR1392 Ad valorem tax; qualified low-income building projects may be classified as a separate class of property; provide - CA
Last action March 3, 2026 · House Committee Favorably Reported
A Georgia House resolution would ask voters to amend the state constitution so that qualified low-income housing projects can be taxed as their own separate property class, with different rates and assessment rules than other property.
In plain language
Georgia's constitution currently allows only a few types of property, such as trailers, mobile homes, and nonresident-owned heavy equipment, to be classified as separate categories for property tax (ad valorem tax) purposes, each with its own rates and rules. This resolution proposes adding qualified low-income housing projects, defined using the federal tax code's definition of low-income housing tax credit properties (26 U.S.C. Section 42(g)(1)), to that list of specially classified property types. If approved by two-thirds of the legislature and then by Georgia voters in a statewide referendum, the state legislature would gain the power to set different tax rates, valuation methods, and assessment dates specifically for these low-income housing projects, separate from how other property is taxed. The resolution does not itself set any rates; it only opens the door for future state laws to do so. Voters would see a yes-or-no ballot question asking whether to approve this constitutional change.
What the bill does
- Amends Article VII, Section I, Paragraph III of the Georgia Constitution to add qualified low-income housing projects as a new separate class of property for tax purposes.
- Defines qualified low-income housing projects using the federal definition found in 26 U.S.C. Section 42(g)(1), the federal low-income housing tax credit rule.
- Allows the General Assembly to set different tax rates, valuation methods, and assessment dates for these projects than apply to other property.
- Sends the proposed constitutional amendment to Georgia voters for ratification or rejection through a statewide ballot question.
Who it affects
Owners and developers of federally qualified low-income housing tax credit properties in Georgia, county and local tax assessors who value and tax such properties, and Georgia voters, who would decide the constitutional amendment at the ballot box.
Why it matters
If ratified, the change would let state lawmakers create separate, potentially more favorable tax treatment for low-income housing developments, which could affect how much property tax these projects pay and how counties value them, without changing existing rates on their own.
Key provisions
- Section 1 revises subparagraph (b) of Article VII, Section I, Paragraph III to add a new category (D): qualified low-income housing projects as defined in 26 U.S.C. Section 42(g)(1).
- Section 1 confirms this new category joins existing separately classified property types: trailers, certain mobile homes, and nonresident-owned heavy-duty equipment vehicles.
- Section 2 directs that the amendment be published and submitted to voters under Article X, Section I, Paragraph II of the Georgia Constitution.
- Section 2 sets the exact ballot language voters will see, asking whether to approve the classification change.
- The amendment only takes effect if ratified by voters in the referendum; it does not itself set any tax rate or date.
From the bill
“Shall the Constitution of Georgia be amended so as to provide that qualified low-income housing projects may be classified as a separate cla ss of property for ad valorem property tax purposes”
Status timeline
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Shaw Blackmon (R, HD-146)
- Rob Leverett (R, HD-123)
Topics
- property taxes
- low-income housing
- constitutional amendment
- ad valorem tax