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.
(a) As used in this Code section, the term: (1) 'AlgorithmAlgorithm'Algorithm' means a computational process that uses a set of rules to define a sequence of operations.O.C.G.A. § 10-1-393.22(a)(1)' means a computational process that uses a set of rules to define a sequence of operations. (2) 'Algorithmic deviceAlgorithmic device'Algorithmic device' means any machine, device, computer program, or computer software that, on its own or with human assistance, performs a coordinating function.O.C.G.A. § 10-1-393.22(a)(2)' means any machine, device, computer program, or computer software that, on its own or with human assistance, performs a coordinating functionCoordinating function'Coordinating function' means performing all of the following subfunctions; provided, however, that a product used for the purpose of establishing rent or income limits in accordance with an affordable housing program administered by a federal, state, or local government or other political subdivision of this state shall not be considered to be performing a coordinating function: (A) Collecting historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates of residential dwelling units from two or more residential rental property owners or managers, provided that at least two such residential rental property owners or managers are not wholly owned subsidiaries of the same parent entity or otherwise owned or managed by the same residential rental property owner or manager; (B) Analyzing or processing the information described in subparagraph (A) of this paragraph using a system, software, or process that uses computation, including by using such information to train an algorithm; and (C) Recommending rental prices, lease renewal terms, occupancy levels, or other lease terms and conditions to a residential rental property owner or manager.O.C.G.A. § 10-1-393.22(a)(3). (3) 'Coordinating functionCoordinating function'Coordinating function' means performing all of the following subfunctions; provided, however, that a product used for the purpose of establishing rent or income limits in accordance with an affordable housing program administered by a federal, state, or local government or other political subdivision of this state shall not be considered to be performing a coordinating function: (A) Collecting historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates of residential dwelling units from two or more residential rental property owners or managers, provided that at least two such residential rental property owners or managers are not wholly owned subsidiaries of the same parent entity or otherwise owned or managed by the same residential rental property owner or manager; (B) Analyzing or processing the information described in subparagraph (A) of this paragraph using a system, software, or process that uses computation, including by using such information to train an algorithm; and (C) Recommending rental prices, lease renewal terms, occupancy levels, or other lease terms and conditions to a residential rental property owner or manager.O.C.G.A. § 10-1-393.22(a)(3)' means performing all of the following subfunctions; provided, however, that a product used for the purpose of establishing rent or income limits in accordance with an affordable housing program administered by a federal, state, or local government or other political subdivision of this state shall not be considered to be performing a coordinating functionCoordinating function'Coordinating function' means performing all of the following subfunctions; provided, however, that a product used for the purpose of establishing rent or income limits in accordance with an affordable housing program administered by a federal, state, or local government or other political subdivision of this state shall not be considered to be performing a coordinating function: (A) Collecting historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates of residential dwelling units from two or more residential rental property owners or managers, provided that at least two such residential rental property owners or managers are not wholly owned subsidiaries of the same parent entity or otherwise owned or managed by the same residential rental property owner or manager; (B) Analyzing or processing the information described in subparagraph (A) of this paragraph using a system, software, or process that uses computation, including by using such information to train an algorithm; and (C) Recommending rental prices, lease renewal terms, occupancy levels, or other lease terms and conditions to a residential rental property owner or manager.O.C.G.A. § 10-1-393.22(a)(3): (A) Collecting historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates of residential dwelling unitsResidential dwelling unit'Residential dwelling unit' means: (A) A single-family dwelling, including attached structures such as porches and stoops; or (B) A single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.O.C.G.A. § 10-1-393.22(a)(4) from two or more residential rental property owners or managers, provided that at least two such residential rental property owners or managers are not wholly owned subsidiaries of the same parent entity or otherwise owned or managed by the same residential rental property owner or managerResidential rental property owner or manager'Residential rental property owner or manager' means any individual or entity that owns or is a beneficial owner of, directly or indirectly, in whole or in part, or manages one or more residential dwelling units in this state.O.C.G.A. § 10-1-393.22(a)(5); (B) Analyzing or processing the information described in subparagraph (A) of this paragraph using a system, software, or process that uses computation, including by using such information to train an algorithmAlgorithm'Algorithm' means a computational process that uses a set of rules to define a sequence of operations.O.C.G.A. § 10-1-393.22(a)(1); and (C) Recommending rental prices, lease renewal terms, occupancy levels, or other lease terms and conditions to a residential rental property owner or managerResidential rental property owner or manager'Residential rental property owner or manager' means any individual or entity that owns or is a beneficial owner of, directly or indirectly, in whole or in part, or manages one or more residential dwelling units in this state.O.C.G.A. § 10-1-393.22(a)(5). (4) 'Residential dwelling unitResidential dwelling unit'Residential dwelling unit' means: (A) A single-family dwelling, including attached structures such as porches and stoops; or (B) A single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.O.C.G.A. § 10-1-393.22(a)(4)' means: (A) A single-family dwelling, including attached structures such as porches and stoops; or (B) A single-family dwelling unit in a structure that contains more than one separate residential dwelling unitResidential dwelling unit'Residential dwelling unit' means: (A) A single-family dwelling, including attached structures such as porches and stoops; or (B) A single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.O.C.G.A. § 10-1-393.22(a)(4), and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons. (5) 'Residential rental property owner or managerResidential rental property owner or manager'Residential rental property owner or manager' means any individual or entity that owns or is a beneficial owner of, directly or indirectly, in whole or in part, or manages one or more residential dwelling units in this state.O.C.G.A. § 10-1-393.22(a)(5)' means any individual or entity that owns or is a beneficial owner of, directly or indirectly, in whole or in part, or manages one or more residential dwelling unitsResidential dwelling unit'Residential dwelling unit' means: (A) A single-family dwelling, including attached structures such as porches and stoops; or (B) A single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.O.C.G.A. § 10-1-393.22(a)(4) in this state.
(b) 1 It shall be an unlawful, unfair, and deceptive trade practice for any person, firm, or corporation doing business in this state to knowingly or with reckless disregard facilitate an agreement between or among two or more residential rental property owners or managers to not compete with respect to the renting or leasing of residential dwelling unitsResidential dwelling unit'Residential dwelling unit' means: (A) A single-family dwelling, including attached structures such as porches and stoops; or (B) A single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.O.C.G.A. § 10-1-393.22(a)(4), including by operating or licensing a software, data analytics service, or algorithmic deviceAlgorithmic device'Algorithmic device' means any machine, device, computer program, or computer software that, on its own or with human assistance, performs a coordinating function.O.C.G.A. § 10-1-393.22(a)(2) that performs a coordinating functionCoordinating function'Coordinating function' means performing all of the following subfunctions; provided, however, that a product used for the purpose of establishing rent or income limits in accordance with an affordable housing program administered by a federal, state, or local government or other political subdivision of this state shall not be considered to be performing a coordinating function: (A) Collecting historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates of residential dwelling units from two or more residential rental property owners or managers, provided that at least two such residential rental property owners or managers are not wholly owned subsidiaries of the same parent entity or otherwise owned or managed by the same residential rental property owner or manager; (B) Analyzing or processing the information described in subparagraph (A) of this paragraph using a system, software, or process that uses computation, including by using such information to train an algorithm; and (C) Recommending rental prices, lease renewal terms, occupancy levels, or other lease terms and conditions to a residential rental property owner or manager.O.C.G.A. § 10-1-393.22(a)(3) on behalf of or between and among such residential rental property owners or managers.
(c) 2 It shall be considered an unlawful agreement in violation of this Code section for a residential rental property owner or managerResidential rental property owner or manager'Residential rental property owner or manager' means any individual or entity that owns or is a beneficial owner of, directly or indirectly, in whole or in part, or manages one or more residential dwelling units in this state.O.C.G.A. § 10-1-393.22(a)(5) to knowingly or with reckless disregard set or adjust rental prices, lease renewal terms, occupancy levels, or other lease terms and conditions in one or more of their residential rental properties based on recommendations from a software, data analytics service, or algorithmic deviceAlgorithmic device'Algorithmic device' means any machine, device, computer program, or computer software that, on its own or with human assistance, performs a coordinating function.O.C.G.A. § 10-1-393.22(a)(2) performing a coordinating functionCoordinating function'Coordinating function' means performing all of the following subfunctions; provided, however, that a product used for the purpose of establishing rent or income limits in accordance with an affordable housing program administered by a federal, state, or local government or other political subdivision of this state shall not be considered to be performing a coordinating function: (A) Collecting historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates of residential dwelling units from two or more residential rental property owners or managers, provided that at least two such residential rental property owners or managers are not wholly owned subsidiaries of the same parent entity or otherwise owned or managed by the same residential rental property owner or manager; (B) Analyzing or processing the information described in subparagraph (A) of this paragraph using a system, software, or process that uses computation, including by using such information to train an algorithm; and (C) Recommending rental prices, lease renewal terms, occupancy levels, or other lease terms and conditions to a residential rental property owner or manager.O.C.G.A. § 10-1-393.22(a)(3).
(d) Nothing in this Code section shall impair or limit the applicability of any other part of this article, Chapter 7 of Title 44, or any other state law.
This section creates two complementary prohibitions targeting algorithmic coordination in residential rental markets. The first prohibition, in subsection (b), targets the supply side — any person, firm, or corporation that facilitates anticompetitive agreements among landlords by operating or licensing software or algorithmic devices that perform a coordinating function. The second prohibition, in subsection (c), targets the demand side — landlords and property managers who set or adjust rental terms based on recommendations from such coordinating tools. Both prohibitions require a mens rea of knowledge or reckless disregard.
The coordinating function definition is the operative fulcrum: it requires all three subfunctions — data collection from competing landlords, computational processing, and price/term recommendation — to be present before liability attaches. An affordable-housing program carve-out excludes tools used to set rent or income limits under government-administered programs. The savings clause in subsection (d) preserves all existing FBPA and other state-law remedies.
This Act shall become effective on July 1, 2026, and shall apply to all contracts and other agreements entered into or that become effective on or after such date.
Establishes a July 1, 2026 effective date and specifies that the Act applies to all contracts and agreements entered into or becoming effective on or after that date. Existing contracts entered into before July 1, 2026 are grandfathered.
All laws and parts of laws in conflict with this Act are repealed.
Standard repealer clause. No substantive obligations.