O.C.G.A.

O.C.G.A. § 16-9-55 (2019)

Fraudulently obtaining or attempting to obtain public housing or reduction in public housing rent

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Any person who obtains or attempts to obtain or who establishes or attempts to establish eligibility for, and any person who knowingly or intentionally aids or abets such person in obtaining or attempting to obtain or in establishing or attempting to establish eligibility for, any public housing or a reduction in public housing rental charges or any rent subsidy or payment from a tenant in connection with public housing to which such person would not otherwise be entitled, by means of a false statement, failure to disclose information, impersonation, or other fraudulent scheme or device shall be guilty of a misdemeanor.

(b) As used in this Code section, ‘‘public housing’’ means housing which is constructed, operated, maintained, financed, or subsidized by the state, a county, a municipal corporation, the Georgia Housing and Finance Authority, a housing authority, or by any other political subdivision or public corporation of the state or its subdivisions.

(c) Notice of subsection (a) of this Code section shall be printed on the application form for public housing and shall be displayed in the office where such application is made.

History

(Code 1933, § 26-1710, enacted by Ga. L. 1977, p. 1332, §§ 1, 2; Code 1933, § 26-1710.1, as redesignated by Ga. L. 1980, p. 405, § 2; Ga. L. 1989, p. 1242, § 1; Ga. L. 1991, p. 1653, § 2-3.)

Annotations

Cross references. - Qualifications for tenants of public housing accommodations, § 8-3-12.

Law reviews. - For article, ‘‘Misdemeanor Sentencing in Georgia,’’ see 7 Ga. St. B.J. 8 (2001).

JUDICIAL DECISIONS Subsidized private housing. - Private housing for which defendants received subsidies from the county housing authority constituted ‘‘public housing’’ for the purposes of O.C.G.A. § 16-9-55. Robertson v. State, 210 Ga. App. 834, 437 S.E.2d 816 (1993). Charging violation. - Variances were not fatal between accusations charg-

ing the defendants with fraudulently obtaining public housing and the evidence which showed that the defendants were entitled to some public housing benefits but not as great a benefit as the defendants actually received. Robertson v. State, 210 Ga. App. 834, 437 S.E.2d 816 (1993).

RESEARCH REFERENCES Am. Jur. 2d. - 32 Am. Jur. 2d, False Pretenses, §§ 10, 25. C.J.S. - 35 C.J.S., False Pretenses, §§ 13, 38.

ALR. - When statute of limitations begins to run against criminal prosecution for embezzlement, fraud, false pretenses, or similar crimes, 77 A.L.R.3d 689.

Notes of Decisions
Cited in 1 case, 1993–1993 · leading case: Robertson v. State, 437 S.E.2d 816 (Ga. Ct. App. 1993).
Robertson v. State, 437 S.E.2d 816 (Ga. Ct. App. 1993). · cites it 12× “Via accusations, the appellants, Alex and Mae Robertson, were charged with multiple counts of fraudulently obtaining public housing in violation of OCGA § 16-9-55. They were tried and found guilty on all counts by the court sitting without a jury, and these appeals followed.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.