2025 Legislative Session - Week 5

Senate Passes Premises Liability Reform

On February 21, the Senate adopted SB 68 largely along party lines by a vote of 33-21. Association members have generated more than nine hundred calls and messages to Georgia legislators urging support for the measure. Despite direct constituent outreach from apartment professionals to Democratic Senators, Sen. Emanuel Jones was the only Democrat who voted yes. Letters from both the Georgia Apartment Association and the Coastal Georgia Apartment Association were shared with Senators ahead of the vote urging their approval.

During floor debate, Democrats supported an amendment to cap insurance rates, which would only further destabilize the insurance market. The amendment was opposed by all GOP Senators, and it failed.

This is a critical milestone for Governor Brian Kemp and the business community, who have advocated for meaningful reforms for the last several years. The bill now moves to the House where it will face significant opposition. Association members must continue personal outreach to legislators.

There was also substantial activity at the committee level this week, where the 73 standing committees of the General Assembly vetted more than two hundred measures. This hectic committee schedule will only increase as the legislature races ahead. Next week, the House and Senate will be active Monday through Friday; it’s the last full week before Crossover Day on March 6.

Tort and Legal Reform Issues

Civil Practice Reform (SB 68)               
Sen. John Kennedy, R-Macon
Adopted by the Senate on Feb-21
Part of Governor Brian Kemp’s legal reform package, SB 68 contains several critical civil practice reforms, including negligent security claims in premises liability cases, seatbelt admissibility, jury anchoring, and more.  An amendment offered on Feb-21 by Sen. Bo Hatchett revises Section 7 of the bill dealing with so-called phantom damages in medical billing.  It allows transparency in civil actions regarding health insurance and the reasonable value of medically necessary care.  The original SB 68 contained language to limit recovery to breach of contract claims, but it was subsequently removed.
 
Premises Liability Actions (SB 223)    
Sen. Harold Jones, D-Augusta
Assigned to the Senate Judiciary Cmte on Feb-21
Offered by the leadership of the Senate Democratic Caucus, SB 223 raises the burden of proof for claimants in premises liability cases.  It limits liability for property owners unless there is clear prior notice of similar incidents.  It further encourages preventative safety and education measures.
 
Regulate Third-Party Litigation Funding (SB 69)
Sen. John Kennedy, R-Macon
Pending in the Senate Rules Cmte
The Georgia Courts Access and Consumer Protection Act is the second piece of the Governor’s legal reform package.  SB 69 acknowledges third-party litigation financiers (TPLF) and requires property registration and oversight of the industry by the Georgia Department of Banking and Finance.  It provides consumer protection in TPLF engagements and disclosure in litigation.  The bill prohibits foreign influence in TPLF and protects Georgia’s state courts system from entities adversarial to state and national interests.

Landlord-Tenant

Eviction Process Servers (HB 270)          
Rep. Matt Reeves, R-Duluth
Pending in the House Judiciary Cmte
HB 270 clarifies that the authority to use process servers to serve dispossessory actions found at OCGA 9-11-4(c)(5) is generally applicable even where there is a special statutory code section for the service of process.  Without this clarification, process services may be hindered in the delivery of these notices.  The bill also delineates how airports lawfully remove airplanes from the property.  The House Judiciary Committee is expected to consider the measure the week of Feb-24.

Anti-Housing Measures

Prohibit Corporate Ownership / Forfeit Rents (HB 555)
Rep. Derrick McCollum, R-Gainesville
Assigned to the House Judiciary Cmte on Feb-21
HB 555 prohibits a business enterprise from owning an interest in more than ten multifamily residential properties or 2,000 single-family residential properties.  It requires the forfeiture of rental payments paid in connection with an unlawful lease of residential property and creates a private cause of action.

Other anti-housing measures include:

• Allow local rent control (SB 106, HB 299, HB 403)
• Rewrite landlord-tenant statute relative to victims of family violence (HB 188)

Property Management & Property Rights

Homeowner Protection Act (HB 415) 
Rep. Todd Jones, R-Cumming
Pending in the House Judiciary Cmte
HB 415 allows a property owner to file a written affidavit with the clerk of the superior court stating that the property is not subject to a rental agreement.  The property owner can then request an unlawful occupant be removed within one calendar day.
 
Two other measures also deal with squatters.  SB 184 creates a penalty for forgery cases related to unlawful squatting (forging a rental agreement, for example).  HB 183 establishes a process for removing hotel/motel squatters.  The bill specifies that any accommodation furnished on a day-to-day or week-to-week basis constitutes an innkeeper-guest relationship (not a landlord-tenant relationship), regardless of the guest’s length of stay.
 
Housing Management Database (HB 374)
Rep. Martin Momtahan, R-Dallas
Pending in the House Governmental Affairs Cmte
HB 374 allows local governments to establish housing management databases for residential rental property.  It mandates the disclosure of foreign ownerships by entities from adversary countries like China and Russia.  It establishes penalties for failure to register or disclose information.  The provisions extend to owners who own or control at least five units within the local government’s jurisdiction.  We anticipate this measure and HB 399 will be heard in a subcommittee the week of Feb-24.  HB 399 requires single-family rental companies to have in-state staff to manage tenant communications.

Other pending property management measures include:

• Create a study committee on the eradication of homelessness (HR 207)
• Create the Georgia Interagency Council for the Homeless (SB 170)
• Extend certain warranties for HVAC Systems (SB 112)
• Extend criminal trespass provisions to gatherings for funerals and religious ceremonies (HB 363)
• Limit corporate ownership of single-family housing (HB 305)
• Prohibit housing discrimination based on natural hairstyles (HB 135)
• Prohibit the use of chemical flame retardants (HB 9)
• Require notice to property owner when deed is filed (HB 427)

Property Taxation & Valuation

Claim for Compensation for Loss of Property Value (HB 295)    
Rep. Houston Gaines, R-Athens
Favorably reported from the Public Safety and Homeland Security Cmte on Feb-19
HB 295 provides procedures for property owners to make claims for compensation from local governments for loss of property value or expenses incurred due to the local government's failure to comply with or enforce certain laws or ordinances, relative to immigration sanctuary policies, public camping, loitering, panhandling, etc.
 
Affidavits in Lieu of Tax Returns (HB 141)
Rep. Martin Momtahan, R-Dallas
Favorably reported from the House Ways and Means Cmte on Feb-19
HB 141 allows businesses and practitioners to provide affidavits of certified public accountants in lieu of tax returns or other financial documents to local governments as it relates to business license taxes.  For businesses operating in multiple jurisdictions, financial information is used to allocate gross receipts for tax purposes.  According to the author, the affidavit also shields rent rolls from local government inspection during the tax assessment and appeals process.

Other property taxation measures include:

• Adjust property tax assessment language (HB 445 / HB 456)
• Create an alternative method for assessing property (HR 250)
• Delay local government floating homestead opt-out deadline (HB 92)
• Extend property tax appeal and protest period from 30 to 45 days (SB 141)
• Increase the statewide homestead exemption (HB 260)

Code Enforcement, Land Use & Development

Zoning Decisions (HB 318)                      
Rep. Matt Reeves, R-Duluth
Favorably reported from the House Governmental Affairs Cmte on Feb-19
HB 318 clarifies the appeal process for zoning decisions and streamlines decision-making authority in zoning and special permits.  It creates a new avenue for challenging zoning decisions by allowing for the appeal of superior court decisions.  It removes provisions that authorize administrative officers to exercise zoning powers; that authority would revert to elected or appointed officials.  Similar legislation (HB 905) fell short of the finish line last year.
 
Development Impact Fees for Education (SB 38 / SR 52)
Sen. Greg Dolezal, R-Alpharetta
Pending in the Senate Economic Development and Tourism Cmte
These measures authorize a local board of education in a high-growth county to impose, levy, and collect development impact fees and use the proceeds to pay for additional educational facilities.  As drafted, the legislation applies only to Forsyth County, although several Senators requested the bill be broadened to apply to other school systems.  The Association opposes expanding authority to school boards to impose impact fees and spoke against the bill during a hearing on Feb-5.

Other code enforcement, land use, and development bills include:

• Authorize Community Development Districts for workforce and residential development (HB 317, HR 192)
• Create a study committee on leveraging local fees to support affordable housing (HR 191)
• Create the North Fulton Development Authority (SB 151)
• Incentivize pro-workforce housing policies through grant priority status (HB 400)
• Increase the outstanding bond limit for the GA Housing Finance Authority (HB 159)
• Require public hearings for transportation projects of significant impact (HB 76)
• Restrict development on certain coastal islands (SB 135)

Taxation & General Business

Georgia Consumer Privacy Protection Act (SB 111)
Sen. John Albers, R-Roswell
Favorably reported from the Senate Economic Development and Tourism Cmte on Feb-19
SB 111 purports to protect the privacy of consumer personal data in Georgia.  It provides consumers with the right to access, correct, delete, and opt-out of the sale or sharing of their personal data.  It requires businesses to minimize data collection, implement reasonable security measures, and provide clear privacy notices.
 
Legal Notices (SB 189)                 
Sen. Rick Williams, R-Milledgeville
Assigned to the Senate Judiciary Cmte on Feb-19
SB 189 requires the Department of Community Affairs to develop and maintain a publicly accessible database of legal notices that are otherwise required by law to be published in a newspaper.  Legal notices include government announcements, court notices, foreclosures and public auctions, and business notices.

Other active general business legislation includes:

• Allow for remote online notarizations (HB 289 / SB 90 / HB 189)
• Provide a one-time credit for individual taxpayers (HB 112)
• Reduce the individual and corporate income tax rate (HB 111)
• Require private businesses that use AI to guard against discrimination (SB 167)
• Require small business impact analysis (SB 28)