2025 Legislative Session - Week 6

Countdown to Crossover

The House and Senate were active each day this week with committee meetings stretching from 7am to 7pm. The frenzied pace is attributed to Crossover Day, slated for March 6.

Crossover Day is just like it sounds – it’s the deadline for bills to “cross” to the other chamber. In other words, House bills must be approved by the House and Senate bills must be approved by the Senate by the end of Crossover Day to remain viable for the balance of the session. This ensures lawmakers have at least twelve legislative days in which to review, amend, and vote on measures from their colleagues across the hall.

Tort and Legal Reform Issues

Civil Practice Reform (SB 68)                                                                            
Sen. John Kennedy, R-Macon
Considered by a House Rules Subcmte on Feb-27
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.  The bill was adopted largely along party lines in the Senate on Feb-21.
 
In an unusual move, Speaker Jon Burns assigned SB 68 to the House Rules Committee.  On Feb-26, Rules Chairman Butch Parrish appointed a special subcommittee to consider the legislation.  The subcommittee, chaired by Rep. Rob Leverett (R-Elbertson) convened for its first meeting on Feb-27.  Sen. Kennedy spent more than two hours presenting the bill and fielding an initial round of questions from subcommittee members.  Chairman Leverett intends to schedule additional topic-specific hearings in the coming weeks to include public comment.
 
Regulate Third-Party Litigation Funding (SB 69)                                             
Sen. John Kennedy, R-Macon
Adopted by the Senate on Feb-27
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.  The Senate adopted SB 69 unanimously on Feb-27.
 
Forum Shopping (SB 292)                                                                                
Sen. Emanuel Jones, D-Decatur
Assigned to the Senate Judiciary Cmte on Feb-27
SB 292 establishes that domestic corporations with a principal place of business in Georgia are deemed to reside in and be subject to venue in the county where their principal place of business is located.  The bill seeks to reduce forum shopping.

Other pending tort measures include:

• Create a new cause of action for workplace harassment and retaliation (HB 306)
• Limit liability for property owners (SB 223)
• Reform civil procedure rules regarding uncontested motions in superior and state courts (SB 173)

Source of Income

Source of Income, Withholding of Rent, and Liability (SB 272)                      
Sen. Rashaun Kemp, D-Atlanta
Assigned to the Senate Judiciary Cmte on Feb-27
SB 272 adds source of income to the list of protected classes for the purposes of rental decisions.  It provides for specified habitability standards and authorizes tenants to withhold rent payments or terminate the lease. The bill expands current law related to retaliatory evictions and remedies.  SB 272 was co-signed by nearly all Senate Democrats.

Landlord-Tenant

Eviction Process Servers (HB 270)                                                                          
Rep. Matt Reeves, R-Duluth
Favorably reported from the House Judiciary Cmte on Feb-25
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.
 
Junk Fees (SB 251)                                                                                            
Sen. Kim Jackson, D-Pine Lake
Considered by the Senate Economic Development and Tourism Cmte on Feb-28
SB 251 prohibits landlords from:

• Advertising or displaying a rental price without clearly stating the total rent price
• Entering into a lease or accepting payment without first disclosing the total rental price
• Charging “deceptive” fees, those deemed to be excessive, avoidable, or unrelated to services provided

Landlords can enforce penalties for lease violations, but any fees or damages must be explicitly included in the rental agreements and not excessive.
 
The bill was introduced on Feb-26 and received a committee hearing on Feb-28.  Members were generally supportive of fee transparency and requested the Association work with the sponsor to further refine the bill.
 
Allow Rent Control (HB 299)                                                                             
Rep. Rhonda Taylor, D-Conyers
Considered by the House Governmental Affairs Cmte on Feb-25
HB 299 repeals restrictions on local governments imposing rent control.  Rep. Taylor has long been a supporter of rent control and several tenant and housing advocates joined her on Feb-25.  The Association testified in opposition to the bill.  Other active rent control measures include SB 106 and HB 403.
 
End Rental Price-Fixing (HB 679)                                                                   
Rep. Gabriel Sanchez, D-Smyrna
Assigned to the House Judiciary Cmte on Feb-28
On the heels of recent US Department of Justice activity, HB 679 prohibits residential rental price-fixing agreements.  It establishes state-level criminal penalties.

Other anti-landlord measures include:

• Rewrite landlord-tenant statute relative to victims of family violence (HB 188)
  

Property Management & Property Rights

In-State Contact for Tenant Communications (HB 399)                      
Rep. Mary Margaret Oliver, D-Decatur
Favorably reported from the House Governmental Affairs Cmte on Feb-27
HB 399 requires any landlord that owns or operates twenty-five or more single-family or duplex residential rental properties in Georgia to employ a licensed real estate broker and at least one in-state staff member to manage tenant communications related to the properties.  This approach provides an alternative to a property registry and does not apply to multifamily housing.
 
Housing Management Registry (HB 374)                                                       
Rep. Martin Momtahan, R-Dallas
Favorably reported from the House Governmental Affairs Cmte on Feb-26
HB 374 allows local governments to establish a housing management database for residential rental property owners with control of at least ten contiguous units in the jurisdiction.  The owner must disclose whether a foreign adversary owns the property.  The bill now exempts multifamily housing and short-term rental properties.
 
Require Notice When Deed is Filed (HB 427)                                                  
Rep. Teddy Reese, D-Columbus
Favorably reported from the House Judiciary Cmte on Feb-25
As introduced, HB 427 creates a 45-day waiting period when someone other than the owner files a deed.  As amended by the House Judiciary Committee on Feb-25, the bill maintains the 45-day waiting period for deeds, mortgages, and liens.  During this period, the clerk of the superior court must notify the property owner.  The notice and waiting period can be waived for certain entities including attorneys, insurance agents, banks, and others who meet specific criteria.  The bill also requires the clerk of the superior court to offer electronic filing for recording of instruments related to property starting January 1, 2026.
 
Prohibit Corporate Ownership / Forfeit Rents (HB 555)                       
Rep. Derrick McCollum, R-Gainesville
Considered by the House Judiciary Cmte on Feb-25
HB 555 prohibits a business enterprise from owning an interest in more than ten multifamily residential properties or 2,000 single-family residential properties and forces divestment of ownership greater than the proscribed limit.  It also requires the forfeiture of rental payments paid in connection with an unlawful lease of residential property and creates a private cause of action.
 
Removal of Hotel / Motel Squatters (HB 183)                                             
Rep. Devan Seabaugh, R-Marietta
Considered by the House Judiciary Cmte on Feb-24
Building on last year’s residential Squatter Reform Act (HB 1017), this year’s effort provides a procedure for innkeepers to eject a person who remains on the premises without a valid contract.  The bill clarifies that any accommodation furnished on a day-to-day or week-to-week basis constitutes an innkeeper-guest relationship, regardless of the guest’s length of stay.  Other active measures dealing with squatters include HB 415 and SB 184.
 
Flood Damage Disclosures (HB 618)                                                                  
Rep. Joe Campbell, R-Camilla
Assigned to the House Judiciary Cmte on Feb-26
HB 618 requires any seller of real property in this state to make certain disclosures regarding flood damage, which is defined as an adverse material fact.  Failure to disclose is deemed a violation of the Fair Business Practices Act.

Other pending property management measures include:

• Authorize local governments to implement affordable family housing assistance programs (SB 257)
• 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)
• Repeal hotel-motel tax exemption for extended stay accommodations (HB 492)

Property Taxation & Valuation

Claim for Compensation for Loss of Property (HB 295)                        
Rep. Houston Gaines, R-Athens
Pending in the House Rules Cmte
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.

Other property taxation measures include:

• Adjust property tax assessment language (HB 445 / HB 456)
• Allow affidavits in lieu of tax returns (HB 141)
• Amend existing tax credits for the rehabilitation of historic structures (HB 360, HB 376)
• Create an alternative method for assessing property (HR 250)
• Extend property tax appeal and protest period from 30 to 45 days (SB 141)
• Increase the statewide homestead exemption (HB 260)
• Require local government to opt-out of the floating homestead exemption annually (HB 92)

Code Enforcement, Land Use & Development

Residential and Commercial Contractors (HB 635)                            
Rep. Marcus Wiedower, R-Watkinsville
Assigned to the House Regulated Industries Cmte on Feb-27
HB 635 revises the structure and responsibilities of the State Licensing Board for Residential and Commercial General Contractors.  It clarifies and updates qualifications for obtaining a contractor’s license, modifies examination requirements, and revises provisions related to disciplinary actions.  Separately, a larger professional licensing reform effort is active as HB 579.
 
Zoning Decisions (HB 318)                                                                                      
Rep. Matt Reeves, R-Duluth
Pending in the House Rules Cmte
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 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

Guard Against AI Discrimination (SB 167)                                                           
Sen. Nikki Merritt, D-Grayson
Considered by the Senate Economic Development and Tourism Cmte on Feb-26
SB 167 requires private entities that employ certain AI systems to prevent discrimination caused by those systems, ensuring fair use of automated decision-making tools.  It defines “consequential decisions” where the use of AI-driven automated decision systems will be regulated to ensure fairness and transparency.  The legislation exempts certain disclosed records from open records requirements and empowers the Attorney General to enforce the regulations and act against violators.
 
Legal Notices (SB 189)                                                                                 
Sen. Rick Williams, R-Milledgeville
Considered by the Senate Judiciary Cmte on Feb-24
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.
 
Georgia Consumer Privacy Protection Act (SB 111)                                             
Sen. John Albers, R-Roswell
Pending in the Senate Rules Cmte
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.

Other active general business legislation includes:

• Allow consumers to terminate automatic renewal service contracts (HB 529)
• 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)