HB 1171: Landlord and tenant; establish minimum habitability standards consistent with recognized housing standards

House Bill 1171

By: Representatives Frye of the 122nd, Oliver of the 84th, Williams of the 37th, Gilliard of the 162nd, Glaize of the 67th, 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 establish minimum habitability standards consistent with recognized housing standards; to prohibit waivers of such standards; to provide for enforcement and clarification of existing landlord duties; 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) 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.

(b) 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 nonwaivable provision that the premises is fit for human habitation.

(c) In order to provide and maintain the premises in a condition that is fit for human habitation, a landlord shall:

(1) Comply with the requirements of all applicable building and housing codes materially affecting health and safety;

(2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;

(3) Keep all common areas of the premises in a clean and safe condition;

(4) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;

(5) Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste, incidental to the occupancy of the dwelling unit, and arrange for their removal; and

(6) Supply running water and reasonable amounts of hot water at all times and reasonable heat.

(d) If a landlord's noncompliance with the rental agreement or this Code section results in the tenant not receiving an essential service, materially interferes with the health or safety of the tenant or an immediate family member of the tenant, or materially interferes with the use and enjoyment of the premises by the tenant or an immediate family member of the tenant, and the noncompliance is not remedied within one week of notice of noncompliance, the tenant may:

(1) Terminate the rental agreement; or

(2) Continue the rental agreement and elect to use one or more of the following remedies:

(A) Withhold rent for the period of noncompliance beginning on the date the tenant notifies the landlord of such noncompliance;

(B) Recover actual damages in a court of competent jurisdiction;

(C) Obtain injunctive relief, specific performance, or other equitable relief in a court of competent jurisdiction;

(D) Make repairs and deduct the reasonable cost of such repairs from the rent; or

(E) Secure an essential service that the landlord is obligated to provide or comparable substitute housing during the period of noncompliance.

(e) If a landlord's noncompliance with the rental agreement or this Code section does not materially interfere with the health or safety of the tenant or an immediate family member of the tenant or materially interfere with the use and enjoyment of the premises by the tenant or an immediate family member of the tenant, the tenant may elect one or more of the remedies provided in subparagraphs (c)(2)(B), (c)(2)(C), and (c)(2)(D) of this Code section.

(f) Nothing in this Code section shall be construed to relieve a tenant of the obligation to:

(1) Maintain the dwelling unit in a reasonably clean and safe condition; and

(2) Refrain from deliberate or negligent destruction of property beyond ordinary wear and tear."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.