SB 272: Landlord and Tenant; requiring tenants to provide income information; prohibit

Under current Georgia law, landlords must keep rental units in repair but tenants have limited formal ways to force repairs or push back if a landlord ignores problems. This bill amends Title 44 of Georgia's code to define what makes a home 'fit for human habitation,' including working electrical and plumbing systems, hot and cold water, safe appliances, no mold, working smoke and carbon monoxide detectors, and clean common areas. It also bars landlords from requiring that prospective tenants using government rent vouchers (such as Housing Choice Vouchers or VA Supportive Housing Vouchers) earn three times the rent. Tenants could withhold rent or deduct repair costs (capped at one month's rent or $500, whichever is greater) if a landlord fails to fix a habitability problem after proper notice, with a presumed 10-day window for the landlord to respond. The bill bans late fees on properly withheld rent, prohibits landlords from retaliating against tenants who assert these rights, and adds detailed fair housing protections covering source of income, race, disability, and other categories. The bill has no stated effective date beyond standard repeal of conflicting laws.

• Defines 'fit for human habitation' in Georgia's landlord repair law (O.C.G.A. § 44-7-13) to require working electrical, plumbing, hot and cold water, safe appliances, no mold, working detectors, and clean common areas.
• Bars landlords from requiring voucher-holding prospective tenants to earn three times the rent, covering vouchers like Housing Choice, Veterans Affairs Supportive Housing, and Emergency Housing Vouchers.
• Lets tenants withhold rent or deduct up to one month's rent or $500 (whichever is greater) to fix unaddressed habitability problems after giving the landlord proper notice and time to repair.
• Prohibits landlords from charging late fees on rent that a tenant properly withholds under the new repair-and-deduct process.
• Bans landlord retaliation against tenants who report code violations, request repairs, join a tenant organization, or otherwise exercise their rights.
• Adds detailed fair housing protections barring discrimination in sale or rental of dwellings based on source of income, race, color, religion, sex, disability, familial status, or national origin.

Georgia renters and landlords, especially tenants using government rent vouchers, tenants seeking repairs on unsafe or unsanitary units, and property owners or managers whose income screening, late-fee, and eviction practices would face new limits under the fair housing and habitability provisions.

Tenants would gain a formal legal path to force repairs, withhold rent, or deduct repair costs without going to court first, and voucher holders would face fewer income-screening barriers. Landlords would face new notice, repair-timeline, and non-retaliation obligations backed by the threat of liability.

• Section 1 rewrites O.C.G.A. § 44-7-13 to define 'fit for human habitation' with seven specific conditions a rental must meet.
• Section 2 expands the definition of 'utilities' under O.C.G.A. § 44-7-14.1 to explicitly include hot and cold water service.
• Section 3 adds new O.C.G.A. § 44-7-25, barring income requirements above three times rent for voucher holders and creating a repair-and-deduct process capped at one month's rent or $500.
• Section 3 sets a rebuttable 10-day presumption for a landlord's reasonable time to fix a habitability problem, with a process for landlords to request more time in writing.
• Section 3 bans late fees on properly withheld rent and prohibits six specific forms of landlord retaliation, including filing eviction, raising rent, or cutting services.
• Section 3 adds new O.C.G.A. § 44-7-26, making it unlawful to discriminate in housing sales or rentals based on source of income, race, disability, familial status, and other protected categories.
• Section 4 repeals any conflicting Georgia laws.

1. 2025-02-27Senate Read and Referred (Senado)
2. 2025-02-26Senate Hopper (Senado)

• RaShaun Kemp (D, SD-038)Patrocinador principal
• Harold Jones (D, SD-022)
• Kim Jackson (D, SD-041)
• Elena Parent (D, SD-044)
• Sonya Halpern (D, SD-039)
• Jason Esteves (D, SD-035)
• Nan Orrock (D, SD-036)
• Nikki Merritt (D, SD-009)
• Ed Harbison (D, SD-015)
• Sheikh Rahman (D, SD-005)
• David Lucas (D, SD-026)
• Josh McLaurin (D, SD-014)
• Sally Harrell (D, SD-040)
• Gail Davenport (D, SD-017)
• Kenya Wicks (D, SD-034)
• Donzella James (D, SD-028)
• Freddie Sims (D, SD-012)
• Michael Rhett (D, SD-033)
• Derek Mallow (D, SD-002)
• Randal Mangham (D, SD-055)
• Nabilah Islam Parkes (D, SD-007)

• landlord-tenant law
• housing vouchers
• fair housing
• rent withholding
• habitability