From the Field: Georgia Legislature Passes Tenant Protection Legislation

Housing justice advocates in Georgia, including NLIHC state partner Georgia Advancing Communities Together (ACT), achieved a significant victory by securing the passage of a tenants’ rights law in the Georgia state legislature. House Bill 346 protects Georgia renters from eviction for voicing concerns about deplorable housing conditions, such as mold, rats, infestations of insects, and other health and safety concerns. The bill states that if a landlord attempts to evict tenants (or take other adverse actions) in response to complaints about health or safety conditions, the tenants can cite the landlord’s retaliatory conduct as an eviction defense, recover a civil penalty equal to one month’s rent plus $500 and legal costs, and secure declaratory relief. Forty-one other states have similar laws. The bill has gone to the governor for signature or veto.

The bill passed favorably in both the House and the Senate despite the strong objections of landlords and property management companies. A broad coalition of more than 20 advocacy organizations formed the Healthy Housing Georgia coalition to prevail. To build support for the bill, the group emphasized the urgent need for safe housing, focusing on the health impacts of unsanitary housing on children. The coalition secured media stories about horrific living conditions in rental homes with extensive code enforcement violations, high eviction rates, and few remedies available to tenants living in dangerous conditions.  One opponent of the bill claimed that it was the first time in over 20 years he had seen legislation protecting tenants’ rights pass in the Georgia General Assembly.

“Georgia lags the rest of the country and our neighboring states in providing protections essential to maintain healthy housing,” said a one-page fact sheet put together by the Healthy Housing Georgia coalition.

“Georgia ACT is thrilled at the passage of House Bill 346 by the Georgia General Assembly,” said Georgia ACT Director Bambie Hayes Brown. “House Bill 346 provides much-needed protections to tenants to report health and safety violations to code enforcement. There is a strong intersection between health indicators, education, economic development and healthy housing. Housing that is free from dangerous living conditions such as mold, lowers instances of emergency room visits, missed days of school and work, and ensures that Georgia’s most vulnerable populations (seniors, children, veterans, and the disabled) reside in decent, safe, and sanitary housing. We encourage organizations, businesses, and grassroots individuals to write and call Governor Brian Kemp’s office and ask him to sign House Bill 346 into law to ensure healthy housing for all Georgians.”

The bill is before Governor Brian Kemp who has the option to sign or veto the legislation by May 12.