HB 679: End Rental Price-Fixing Act; enact

This bill responds to concerns that some landlords in Georgia have used software or shared data to coordinate rental prices with competitors rather than setting prices independently. It adds a new section to Georgia's contract law (O.C.G.A. § 13-8-5) that defines price-fixing among landlords and makes any such agreement unenforceable as a contract in restraint of trade. The bill bans landlords from setting rents based on a 'price-fixing function,' meaning a system that collects rental data from competing landlords, analyzes it with computation or artificial intelligence, and recommends prices or occupancy levels. Anyone who enters into such an agreement would be guilty of a felony, punishable by one to five years in prison, a fine of $1,000 to $5,000, or both. The bill exempts government affordable housing programs. It would take effect immediately upon the Governor's signature and apply to agreements entered into or renewed after that date.

• Creates a new Georgia law (O.C.G.A. § 13-8-5) making rental price-fixing agreements between competing landlords legally unenforceable as contracts in restraint of trade.
• Bans landlords from setting rental prices based on a 'price-fixing function,' a system that pools competitor data and uses computation or AI to recommend prices or occupancy levels.
• Makes entering into or causing a price-fixing agreement a felony punishable by one to five years in prison, a fine of $1,000 to $5,000, or both.
• Exempts actions taken under federal or state affordable or low-income housing programs from the ban.
• Sets the effective date as the date the Governor signs the bill or it otherwise becomes law, applying to agreements and renewals made on or after that date.

Landlords and property managers of residential rental properties in Georgia, especially those using shared software or data services to set rents, as well as companies that provide such pricing coordination systems (called 'coordinators' in the bill). Tenants renting residential property are also indirectly affected.

If enacted, landlords who coordinate rents through shared data or algorithmic pricing tools would face felony charges and void contracts, which could change how some rental pricing software is used in Georgia and potentially affect how rents are set in markets where such coordination currently occurs.

• Section 2 states the General Assembly's finding that a Georgia housing crisis is partly driven by landlord price coordination, citing a 2024 Department of Justice lawsuit against a Georgia landlord.
• Section 3 adds new Code Section 13-8-5, defining terms including 'coordinator,' 'landlord,' 'price-fixing,' and 'price-fixing function.'
• Subsection (b) makes price-fixing agreements unenforceable under existing Code Section 13-8-2 and sets a felony penalty of one to five years in prison, a $1,000 to $5,000 fine, or both.
• Subsection (c) separately bars landlords from setting rents based on a price-fixing function, distinct from the agreement ban in subsection (b).
• Subsection (d) exempts actions taken under federal or state affordable or low-income housing laws or programs.
• Section 4 sets the effective date as approval by the Governor or becoming law without approval, applying to agreements and renewals made on or after that date.

1. 2025-03-03House Second Readers (Cámara de Representantes)
2. 2025-02-28House First Readers (Cámara de Representantes)
3. 2025-02-27House Hopper (Cámara de Representantes)

• Gabriel Sanchez (D, HD-042)Patrocinador principal
• Spencer Frye (D, HD-122)
• Terry Cummings (D, HD-039)
• Eric Bell (D, HD-075)
• Rhonda Taylor (D, HD-092)
• Marvin Lim (D, HD-098)

• rental prices
• housing affordability
• landlord regulations
• antitrust law
• tenant rights