ATLANTA – State Representatives Viola Davis (D-Stone Mountain), Sandra Scott (D-Rex), Rhonda Taylor (D-Conyers) and Kim Schofield (D-Atlanta) seek to make constituents aware of House bills 303, 322 and 627, proposed legislation that aims to increase affordable housing and protect homeownership. Specifically, these three bills would address business practices by community associations, prohibit unpaid local services fees from impacting ad valorem property tax bills and repeal the state law that limits local rent regulations.
“We need to protect the American dream of homeownership in Georgia,” said Rep. Davis. “Georgia homeowners’ legal rights are under attack by HOAs and other community associations, including their right to quiet enjoyment of their property and maintenance of their property. We need good housing legislation to ensure their homes are not taken away from them due to abusive business practices.”
House Bill 303, the “Community Association Transparency and Protection Act,” would provide protection for Georgia homeowners, condominium owners and property owners that are subject to community association agreements, such as homeowner, condominium owner and property owner associations. HB 303 would establish new operating procedures for these community associations and clarify the procedures for liens, foreclosures, fines and late fees. The legislation would also would create an ombudsman to register all community associations under the Secretary of State’s Office. HB 303 was introduced by Rep. Davis, who has spearheaded several initiatives to address community association practices. In 2022, an Atlanta Journal-Constitution article highlighted Rep. Davis’ efforts.
Sponsored by Rep. Scott, House Bill 322 would prohibit local governments from including outstanding service fees in a resident’s ad valorem tax bill. Under HB 322, ad valorem tax bills could still include fees or charges related to delinquent ad valorem property tax collections. Any partial payment provided by a taxpayer to the tax commissioner or local fiscal authority would first be applied to the outstanding balance of ad valorem taxes on real property that are due. Furthermore, prohibited charges would include storm water, service fees, solid waste service fees, fees for water and wastewater, as well as any late fees, penalties or interest related to anything other than ad valorem taxes on the property.
“My constituents should not be getting liens on their property for outstanding water, wastewater or trash fees,” said Rep. Scott. “If someone does not pay a water or trash bill, local governments can suspend the service until the fee is paid. As such, creating these liens is unnecessary and leads to astronomical court costs, which could lead to residents losing their homes altogether over something as small as a trash bill.”
Additionally, Rep. Taylor introduced House Bill 627 to repeal Georgia code that prevents local government from setting rent control policies. The proposed bill would repeal this prohibition and allow cities and municipalities to implement rent control policies to address inflated rental rates, give tenants more protection against rent hikes, improve housing stability and help to prevent displacement and homelessness.
“For years, Georgia cities and municipalities have grappled with rising housing costs and a shortage of affordable homes, and the need for action is urgent,” said Rep. Taylor. “By allowing cities and municipalities to implement such policies, we can ensure that all residents have access to safe, affordable housing. Together, we can work towards a more just and equitable society.”
HBs 303, 322 and 627 were not called for a vote on the House floor before the 2023 session adjourned on March 29. However, these bills will remain eligible for the 2024 legislative session starting next January, which will be the second session of the biennial term.
“The state of housing stability in Georgia is a public health crisis that demands immediate action and must be a priority,” said Rep. Schofield, who co-sponsored these bills. “The impacts of homelessness, evictions and future homeownership remain a threat to our citizens and workforce. Housing is a human and civil right. Our elected officials and state policies must address and align with the needs of urban, suburban and rural Georgia. We will not back down.”
*Editor’s Note: A graphic that features headshots of these legislators is attached.
Representative Viola Davis represents the citizens of District 87, which includes portions of DeKalb County. She was elected to the House of Representatives in 2018 and currently serves on the Defense & Veterans Affairs, Insurance, Interstate Cooperation, Natural Resources & Environment and Urban Affairs committees.
Representative Sandra Scott represents the citizens of District 76, which includes portions of Clayton County. She was elected to the House of Representatives in 2010 and currently serves as the Minority Caucus Chief Deputy Whip. She also serves on the Banks & Banking, Defense & Veterans Affairs, Human Relations & Aging, Insurance and Reapportionment and Redistricting committees.
Representative Rhonda Taylor represents the citizens of District 92, which includes portions of DeKalb and Rockdale counties. She was elected to the House of Representatives in 2020 and currently serves on the Budget and Fiscal Affairs Oversight, Juvenile Justice and Special Rules committees.
Representative Kim Schofield represents the citizens of District 63, which includes portions of Fulton County. She was elected to the House of Representatives in 2017 and currently serves as the Secretary of the Urban Affairs Committee. She also serves on the Creative Arts & Entertainment, Health, Interstate Cooperation and Small Business Development committees.
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