Georgia Commons

House · Introduced · 2025-2026 Regular Session

HB1517: HB1517 Nuisances; presumption of the creation of a nuisance based on certain residential local ordinance violations; provide

Last action March 10, 2026 · House Second Readers

A Georgia House bill would create a legal presumption that repeat residential code violations count as a nuisance, add criminal penalties for tax officials who fail to collect delinquent property taxes, expand Medicaid estate recovery protections for homes, and require corporations to list authorized filers with the Secretary of State.

In plain language

This bill bundles four unrelated changes to Georgia law. First, it adds a new rule to the state's nuisance law (O.C.G.A. Title 41) saying that if a property owner is convicted of or pleads guilty to five or more health-or-safety code violations on a residential property within any two-year period, that automatically counts as creating a legal nuisance, no further proof needed. Second, it revises Georgia's property tax law (O.C.G.A. § 48-5-22) so a tax receiver or tax commissioner who fails to collect delinquent taxes on a parcel can be charged with a felony if the unpaid taxes exceed $150,000, instead of only a misdemeanor. Third, it changes Georgia's Medicaid estate recovery rules (O.C.G.A. § 49-4-147.1) so that, starting January 1, 2027, the state must protect the greater of $25,000 or half the county's median home value in a deceased Medicaid recipient's estate before making a claim, if that estate includes a house. This depends on federal approval of a state plan amendment by August 1, 2026. Fourth, it requires business corporations to give the Secretary of State a list of people authorized to file documents on the corporation's behalf, adding a new definition of 'authorized person.'

What the bill does

  • Creates a conclusive legal presumption that a residential property owner has created a nuisance after five or more health or safety code violations within a two year period.
  • Makes it a felony, not just a misdemeanor, for a tax receiver or tax commissioner to fail to collect delinquent property taxes when the unpaid amount on a parcel exceeds $150,000.
  • Requires Georgia's Medicaid program to protect a larger portion of a deceased recipient's estate (the greater of $25,000 or half the county median home value) from estate recovery claims starting January 1, 2027, if the state's plan amendment is approved by federal regulators.
  • Requires the Department of Community Health to submit a Medicaid state plan amendment by August 1, 2026, and automatically repeals the new protection if federal approval is not obtained.
  • Requires corporations filing documents with the Georgia Secretary of State to first submit a list of people authorized to sign and file on the corporation's behalf, and defines 'authorized person' in state corporate law.

Who it affects

Residential property owners facing repeated local code violations, county and municipal code enforcement officials, tax receivers and tax commissioners, families of deceased Medicaid recipients whose estates include a home, the Department of Community Health, and business corporations that file documents with the Georgia Secretary of State.

Why it matters

Landlords or homeowners with a pattern of serious code violations could more easily be found liable for a nuisance. Tax officials would face harsher criminal exposure for failing to collect large delinquent tax bills. Families could keep more of a deceased relative's home value out of Medicaid's reach, and corporations would face a new paperwork step before filing with the state.

Key provisions

  • Section 1 adds Code Section 41-1-4.1, defining 'violations involving the health or safety of persons' and creating a conclusive presumption of nuisance after five such violations on residential property in a two year span.
  • Section 2 revises O.C.G.A. § 48-5-22 to make failure to collect delinquent taxes a felony when unpaid taxes on a parcel exceed $150,000, rather than only a misdemeanor.
  • Section 3 revises O.C.G.A. § 49-4-147.1 to require the commissioner to waive Medicaid estate claims against the greater of $25,000 or 50 percent of county median home value for estates with residential real property, effective January 1, 2027.
  • Section 3 also requires the department to submit a state plan amendment by August 1, 2026, and provides the new protection stands repealed if the amendment is not approved.
  • Section 4 amends O.C.G.A. § 14-2-120 to require corporations to provide the Secretary of State a list of authorized persons before filing any document.
  • Section 5 adds a definition of 'authorized person' to O.C.G.A. § 14-2-140.
  • Section 6 repeals conflicting laws.

Status timeline

  1. 2026-03-10House Second Readers (House)
  2. 2026-03-09House First Readers (House)
  3. 2026-03-06House Hopper (House)

Sponsors

  • Marvin Lim (D, HD-098)Primary sponsor

Topics

  • property nuisance law
  • property taxes
  • Medicaid estate recovery
  • corporate filing rules
  • code enforcement

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HB1517: HB1517 Nuisances; presumption of the creation of a nuisance based on certain residential local ordinance violations; provide | Georgia Commons