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Publication Date

2021

Abstract

Landlord retaliation laws protect tenants from landlords’
harmful retaliatory actions in response to tenants’ exercise of
their legal rights. In May 2019, Georgia joined the majority of
other states by enacting H.B. 346, an act establishing the
requirements for a prima-facie case of landlord retaliation.
Georgia’s eviction and poverty rates are higher than the
national average, and this law stands to address underlying
issues that drive those problems.
Other states’ landlord retaliation laws offer best practices in
addressing landlord retaliation. These include implementing
rent abatement protections and expanding the scope of
protected actions. Improving low-income individuals’ access to
counsel and to information are other key reforms. This Note
argues that the Georgia legislature should amend H.B. 346 to
incorporate these provisions and, in the process, strengthen
tenants’ protections from retaliatory landlords and evictions.
Although H.B. 346 marks a significant step forward, these
additional protections will ensure that Georgia tenants enjoy a
robust legal framework for their rights.

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