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GA HB346

GA HB346
Property; prohibit retaliation by a landlord against a tenant for taking certain actions


summary

Introduced
02/15/2019
In Committee
03/21/2019
Crossed Over
03/05/2019
Passed
04/04/2019
Dead
Signed/Enacted/Adopted
05/08/2019

Introduced Session

2019-2020 Regular Session

Bill Summary

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 landlord and tenant generally, so as to prohibit retaliation by a landlord against a tenant for taking certain actions; to provide for circumstances that are not considered retaliation; to provide for remedies; to provide for related matters; to repeal conflicting laws; and for other purposes.

AI Summary

This bill aims to prohibit retaliation by a landlord against a tenant for taking certain actions. The bill establishes a prima-facie case of retaliation if a tenant exercises a right or remedy granted by contract or law, reports a housing code violation, or participates in a tenant organization, and the landlord then takes adverse actions such as filing a dispossessory action, depriving the tenant of the use of the premises, or increasing rent. The bill provides exceptions where landlords are not liable for retaliation, such as for rent increases due to escalation clauses or participation in government programs. If a landlord retaliates, the tenant can use it as a defense in a dispossessory action and recover a civil penalty, court costs, and attorney's fees. The bill also provides a rebuttable defense if the property has been recently inspected and certified to comply with building and housing codes.

Sponsors (5)

Last Action

Effective Date (on 07/01/2019)

bill text


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