WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
§ 3 Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," is amended in subsection (b) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions unlawful and examples, by striking "and" at the end of paragraph (36), replacing the period at the end of paragraph (37) with "; and", and by adding a new paragraph to read as follows: "(38) Failure to comply with the provisions of Code Section 10-1-393.22 regarding rent pricing for residential properties."
Section 3 amends the enumerated list of unfair or deceptive practices in O.C.G.A. § 10-1-393(b) to add a new paragraph (38) cross-referencing the substantive obligations created in new Code Section 10-1-393.22. This is a conforming amendment that hooks the new substantive prohibitions into Georgia's existing FBPA enforcement machinery; it does not itself impose any independent compliance obligation.
(a) As used in this Code section, the term: (1) 'Algorithmic rent-setting toolAlgorithmic rent-setting tool'Algorithmic rent-setting tool' means any system, software, data analytics platform, or computational process that: (A) Analyzes rental market data; and (B) Generates rental price or occupancy recommendations for residential property.O.C.G.A. § 10-1-393.22(a)(1)' means any system, software, data analytics platform, or computational process that: (A) Analyzes rental market dataRental market data'Rental market data' means rental pricing, occupancy, lease term, concession, renewal, or supply data relating to residential property, or any data derived therefrom.O.C.G.A. § 10-1-393.22(a)(5); and (B) Generates rental price or occupancy recommendations for residential propertyResidential property'Residential property' means any building, structure, or portion thereof which is used or intended for use as a dwelling.O.C.G.A. § 10-1-393.22(a)(6). (2) 'CoordinatorCoordinator'Coordinator' means any person that sells, licenses, or operates an algorithmic rent-setting tool to or on behalf of a landlord.O.C.G.A. § 10-1-393.22(a)(2)' means any person that sells, licenses, or operates an algorithmic rent-setting toolAlgorithmic rent-setting tool'Algorithmic rent-setting tool' means any system, software, data analytics platform, or computational process that: (A) Analyzes rental market data; and (B) Generates rental price or occupancy recommendations for residential property.O.C.G.A. § 10-1-393.22(a)(1) to or on behalf of a landlordLandlord'Landlord' means the owner, lessor, or sublessor of a residential property or any agent thereof, including, but not limited to, a property manager.O.C.G.A. § 10-1-393.22(a)(3). (3) 'LandlordLandlord'Landlord' means the owner, lessor, or sublessor of a residential property or any agent thereof, including, but not limited to, a property manager.O.C.G.A. § 10-1-393.22(a)(3)' means the owner, lessor, or sublessor of a residential propertyResidential property'Residential property' means any building, structure, or portion thereof which is used or intended for use as a dwelling.O.C.G.A. § 10-1-393.22(a)(6) or any agent thereof, including, but not limited to, a property manager. (4) 'Nonpublic competitor dataNonpublic competitor data'Nonpublic competitor data' means rental market data of a landlord that is not publicly available.O.C.G.A. § 10-1-393.22(a)(4)' means rental market data of a landlordLandlord'Landlord' means the owner, lessor, or sublessor of a residential property or any agent thereof, including, but not limited to, a property manager.O.C.G.A. § 10-1-393.22(a)(3) that is not publicly available. (5) 'Rental market dataRental market data'Rental market data' means rental pricing, occupancy, lease term, concession, renewal, or supply data relating to residential property, or any data derived therefrom.O.C.G.A. § 10-1-393.22(a)(5)' means rental pricing, occupancy, lease term, concession, renewal, or supply data relating to residential propertyResidential property'Residential property' means any building, structure, or portion thereof which is used or intended for use as a dwelling.O.C.G.A. § 10-1-393.22(a)(6), or any data derived therefrom. (6) 'Residential propertyResidential property'Residential property' means any building, structure, or portion thereof which is used or intended for use as a dwelling.O.C.G.A. § 10-1-393.22(a)(6)' means any building, structure, or portion thereof which is used or intended for use as a dwelling.
(b) 1 Without otherwise limiting the definition of unfair or deceptive acts or practices under this part, it shall be unlawful for any landlordLandlord'Landlord' means the owner, lessor, or sublessor of a residential property or any agent thereof, including, but not limited to, a property manager.O.C.G.A. § 10-1-393.22(a)(3) or coordinatorCoordinator'Coordinator' means any person that sells, licenses, or operates an algorithmic rent-setting tool to or on behalf of a landlord.O.C.G.A. § 10-1-393.22(a)(2) to sell, license, operate, use, or otherwise rely on an algorithmic rent-setting toolAlgorithmic rent-setting tool'Algorithmic rent-setting tool' means any system, software, data analytics platform, or computational process that: (A) Analyzes rental market data; and (B) Generates rental price or occupancy recommendations for residential property.O.C.G.A. § 10-1-393.22(a)(1) that uses or incorporates nonpublic competitor dataNonpublic competitor data'Nonpublic competitor data' means rental market data of a landlord that is not publicly available.O.C.G.A. § 10-1-393.22(a)(4) from two or more landlordsLandlord'Landlord' means the owner, lessor, or sublessor of a residential property or any agent thereof, including, but not limited to, a property manager.O.C.G.A. § 10-1-393.22(a)(3) competing in the same or a similar market to generate rental price or occupancy recommendations for residential propertyResidential property'Residential property' means any building, structure, or portion thereof which is used or intended for use as a dwelling.O.C.G.A. § 10-1-393.22(a)(6).
(c) 2 Any landlordLandlord'Landlord' means the owner, lessor, or sublessor of a residential property or any agent thereof, including, but not limited to, a property manager.O.C.G.A. § 10-1-393.22(a)(3) or coordinatorCoordinator'Coordinator' means any person that sells, licenses, or operates an algorithmic rent-setting tool to or on behalf of a landlord.O.C.G.A. § 10-1-393.22(a)(2) that uses an algorithmic rent-setting toolAlgorithmic rent-setting tool'Algorithmic rent-setting tool' means any system, software, data analytics platform, or computational process that: (A) Analyzes rental market data; and (B) Generates rental price or occupancy recommendations for residential property.O.C.G.A. § 10-1-393.22(a)(1) shall: (1) Annually certify to the Attorney General, in such form as the Attorney General may prescribe, that such tool does not use or incorporate nonpublic competitor dataNonpublic competitor data'Nonpublic competitor data' means rental market data of a landlord that is not publicly available.O.C.G.A. § 10-1-393.22(a)(4) in violation of subsection (b) of this Code section; and (2) Retain for a period of not less than five years: (A) Contracts with rental pricing software vendors; (B) Documentation describing data inputs used by any algorithmic rent-setting toolAlgorithmic rent-setting tool'Algorithmic rent-setting tool' means any system, software, data analytics platform, or computational process that: (A) Analyzes rental market data; and (B) Generates rental price or occupancy recommendations for residential property.O.C.G.A. § 10-1-393.22(a)(1); (C) Records of rental price recommendations generated; and (D) Records sufficient to demonstrate independent pricing decisions.
(d) Any violation of subsection (b) or (c) of this Code section shall constitute an unfair or deceptive act or practice in the conduct of consumer transactions under this part; provided, however, that enforcement against such violations shall only be by public enforcement by the Attorney General pursuant to this part and shall not be enforceable through a private right of action under Code Section 10-1-399.
New Code Section 10-1-393.22 is the operative provision of the bill. Subsection (a) defines key terms — including a notably broad definition of algorithmic rent-setting tool that captures any system, software, data analytics platform, or computational process that analyzes rental market data and generates rental price or occupancy recommendations. The definition is not limited to AI or machine-learning systems; a simple spreadsheet model could fall within scope.
Subsection (b) imposes a flat prohibition on landlords and coordinators against selling, licensing, operating, using, or relying on an algorithmic rent-setting tool that incorporates nonpublic competitor data from two or more competing landlords. Subsection (c) layers compliance obligations on any landlord or coordinator using an algorithmic rent-setting tool — even one that complies with subsection (b) — requiring an annual non-incorporation certification to the Attorney General and five-year retention of vendor contracts, data-input documentation, recommendation records, and records sufficient to demonstrate independent pricing decisions. Subsection (d) channels enforcement exclusively to the Attorney General and forecloses private actions under Code Section 10-1-399.