Signed by Governor Brian Kemp

Vote Smart's Synopsis:

Vote to pass a bill that prohibits retaliation by a landlord against a tenant for taking certain actions.

Highlights:

• Establishes that elements of a prima-facie case under this section include that a tenant (Sec. 1):

• Exercised or attempted to exercise against a landlord a right or remedy granted to such tenant by contract or law in good faith;

• Provided their landlord a notice to repair or exercise a remedy;

• Complained to a governmental entity responsible for enforcing building or housing codes or a public utility, and the tenant:

• Claims a building or housing code violation or utility problem that falls under the responsibility of the landlord to fix;

• Acts in good faith in that a reasonable person would believe that the complaint is valid and that the violation or problem occurred; or

• Established, attempted to establish, or participated in a tenant organization to find solutions related to the habitability of the property, such as life, health, or safety concerns.

• Establishes that elements of a prima-facie case under this section include that a landlord, within three months after the tenant takes any action described in the previous highlight (Sec. 1):

• Filed an irrelevant dispossessory action;

• Did not allow the tenant use of the premises;

• Diminish services to the tenant;

• Increased the rent of the tenant or ended the lease or rental agreement of the tenant; or

• Materially interfered with the tenant’s rights under the tenant’s lease or rental agreement.

• Specifies that a residential tenant establishes a prima-facie of retaliation by demonstrating that they took an action specified under the previous highlights relating to a life, health, safety, or habitability concern and that their landlord took unlawful action as also specified under the previous highlights (Sec. 1).

• Authorizes the tenant to recover from the landlord a civil penalty of one month’s rent and $500, court cost, reasonable attorney’s fees when the conduct is wilful, wanton, or malicious, and declaratory relief if a landlord retaliates against a tenant pursuant to this section (Sec. 1).

• Establishes that an inspection of the property within the prior 12 months, pursuant to any federal, state, or local program which certifies that the property complies with applicable building and housing codes, or by a code enforcement officer or a licensed building inspector who certifies that the property complies with applicable building and housing codes, is a rebuttable defense under this section (Sec. 1).

Full Bill Text