How Georgia’s Safe at Home Act Protects Renters from Mold
In March 2024, Georgia took a significant step towards ensuring safe and healthy living conditions for renters with the passage of HB 404, also known as the Safe at Home Act. This new law establishes a “duty of habitability” for landlords, requiring them to provide housing that is livable and free from safety risks, including mold infestations. Governor Brian Kemp signed the bill into law in April, and it took effect on July 1, 2024.
Before this act, Georgia was one of the last states without habitability requirements, leaving renters vulnerable to substandard living conditions. Now, under Georgia’s new law, tenants are given legal protection when facing habitability issues, requiring landlords or property owners to maintain rental properties in good condition. If any maintenance problems arise, including water damage and mold outbreaks, it is the landlord’s responsibility to fix the issue and ensure the property meets required standards. If repairs are neglected, tenants have the right to take legal action, claiming the property is unfit for human habitation. This makes landlords accountable for keeping rental units livable and up to code.
The Safe at Home Act is the result of tireless advocacy by tenant rights groups and organizations like Georgia Advancing Communities Together, Inc. (Georgia ACT). Advocates fought for over two years to bring this bill to life, organizing meetings between tenants and policymakers, and sharing stories of the unsafe conditions renters faced.
“Mold doesn’t care what color you are or how much money you make,” said Dr. Bambie Hayes-Brown, President and CEO of Georgia ACT. The act received bipartisan support, with lawmakers from both parties recognizing the importance of safe housing for all Georgians.
Why the Safe at Home Act Matters
Unsafe and unhealthy living conditions are a widespread issue for renters, especially those with low incomes. In 2023, 16% of U.S. rental units had at least one serious habitability issue, and in Georgia, that number rises to 15%. These substandard conditions—like faulty structures, lack of plumbing, or missing smoke detectors—can worsen tenants’ health, leading to asthma, depression, and other physical and mental health problems.
Tenant Protections Against Retaliation
Many tenants fear retaliation from landlords if they report maintenance issues or habitability concerns, which can prevent them from addressing hazardous conditions. While over 40 states, including Georgia, have laws prohibiting retaliatory behavior from landlords, proving such cases in court can be challenging. The Safe at Home Act reinforces tenants’ rights by making landlords legally accountable for maintaining livable conditions.
What’s Next for Georgia Renters
The Safe at Home Act goes into effect on July 1, 2024, applying to all new and renewed leases signed after this date. This law marks a critical shift in Georgia’s rental market, ensuring that all tenants have the right to safe, healthy, and habitable living conditions.
For tenants, this means better protection against unsafe housing. For landlords, it provides clarity and structure in maintaining rental properties. As Georgia ushers in this new era of housing rights, the Safe at Home Act is a major win for tenants across the state.
