06 LC 33
1010
House
Bill 1127
By:
Representatives Drenner of the
86th,
Benfield of the
85th,
Henson of the
87th,
Thomas of the
55th,
and Ashe of the
56th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of
Georgia Annotated, relating to the public water system, so as to revise
provisions relating to the allocation of water and waste-water usage among
tenants; to amend Article 1 of Chapter 7 of Title 44 of the Official Code of
Georgia Annotated, relating to landlords and tenants generally, so as to require
landlords to provide heat and hot water to all tenants of multi-family dwellings
and to every tenant occupied one or two family dwelling; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia
Annotated, relating to the public water system, is amended by striking Code
Section 12-5-180.1, relating to the allocation of water and waste-water usage
among tenants and charging tenants for usage, and inserting in lieu thereof the
following:
∀12-5-180.1.
(a)
The owner or operator of a building containing residential units may install
equipment or use an economic allocation methodology to determine the quantity of
water that is provided to the tenants and used in the common areas of such a
building; and
except as
provided for in subsection (c) of this Code
section, the owner of such a building may
charge tenants separately for water and waste-water service based on usage as
determined through the use of such equipment or allocation
methodology.
(b)
Except as
provided for in subsection (c) of this Code section,
the
The
owner or operator of a building containing residential units may charge tenants
separately for water and waste-water service, provided that the total amount of
the charges to the tenants of such a building shall not exceed the total charges
paid by the owner or operator for water and waste-water service for such
building plus a reasonable fee for establishing, servicing, and billing for
water and waste-water service and provided, further, that the terms of the
charges are disclosed to the tenants prior to any contractual
agreement.
(c)
For multi-family dwellings and tenant occupied dwellings which are subject to
Code Section 44-7-14.2, the landlord may allocate charges against rent payments
for water
service.∀
SECTION
2.
Article
1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating
to landlords and tenants generally, is amended by inserting after Code Section
44-7-14.1, relating to
landlord́s
duties as to utilities, a new Code section to read as follows:
∀44-7-14.2.
(a)
As used in this Code section, the term:
(1)
'Dwelling' means any building, structure, or portion thereof which is occupied
as, or designed or intended for occupancy as, a residence by one or two
families.
(2)
'Multi-family dwelling' means a dwelling which is rented, leased, let, or hired
out as the residence of three or more families living independently of each
other.
(b)
It shall be the duty of the landlord to provide heat from a central heating
system constructed in accordance with the provisions of any applicable building
code for every multi-family dwelling and every tenant occupied dwelling. During
the period from October 1 through May 31 of each year, centrally supplied heat
shall be furnished so as to maintain in every portion of such dwelling used or
occupied for living purposes:
(1)
Between the hours of 6:00 A.M. and 10:00 P.M., a temperature of at least 68
degrees Fahrenheit whenever the outside temperature falls below 55 degrees;
and
(2)
Between the hours of 10:00 P.M. and 6:00 A.M., a temperature of at least 55
degrees Fahrenheit whenever the outside temperature falls below 40
degrees.
(c)
It shall be the duty of the landlord to provide hot water at a constant minimum
temperature of 120 degrees Fahrenheit from a central source of supply
constructed in accordance with the provisions of any applicable building code to
every bath, shower, washbasin, and sink in any dwelling unit in a multi-family
dwelling and in any tenant occupied dwelling. Provided, however, that baths and
showers equipped with balanced pressure mixing valves, thermostatic mixing
valves, or a combination thereof may produce a discharge temperature of less
than 120 degrees Fahrenheit. Gas or electric hot water heaters may, if approved
by the Department of Community Affairs, be utilized in lieu of a central source
of supply of hot water.
(d)
Any person who violates subsection (b) or (c) of this Code section shall, upon
conviction, be assessed a fine of not less than $250.00 and not more than
$500.00 per day for each
violation.∀
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.