Last week, the Atlanta Board of REALTORS® launched a second Call for Action in response to a proposal in DeKalb County that would require property owners to retrofit their plumbing fixtures prior to closing.  REALTORS® were asked to contact the members of the DeKalb County Board of Commissioners and ask them to defer the vote on the proposal until a better solution is found.

Thanks to the outstanding grassroots lobbying of our members, their clients, and our coalition partners, the Board of Commissioners voted on Tuesday, December 18, to defer action until January.  

About the Proposal

The proposed ordinance is now on its third revision.  The proposal would require owners of residential and commercial property built prior to 1993 to retrofit all plumbing fixtures to low-flow fixtures before the property is sold.  Buyers would be prohibited from obtaining water service until they submit a certificate of compliance from a home inspector or licensed plumber.  Failure to comply with any part of the ordinance could result in civil fines and criminal penalties, including up to 120 days in jail.

REALTORS® successfully lobbied to convince lawmakers to remove a provision in the original proposal that would have held our members liable for criminal penalties and fines for failure to comply with the retrofit at resale mandate.  A second draft attached this liability to closing attorneys, but that language has been removed also.

About Our Position

REALTORS® support water conservation methods that are efficient, reasonable, and cost-effective.  We oppose the creation of barriers to the buying and selling of property, and we specifically oppose attaching to real estate transactions any requirement to replace plumbing fixtures.

REALTORS® have submitted an alternative plan to the Board of Commissioners that includes a incentive program that would give rebates to property owners who voluntarily retrofit to low-flow toilets, as well as a mandate that non-conserving fixtures be retrofitted following an application for new water service for residential property.

For more information about this issue, please contact Governmental Affairs Director Robert Broome at 404-250-0051, extension 146, or by email at robert@abr.org.