O.C.G.A. § 8-2-222 (2019)

Annotations

JUDICIAL DECISIONS No application to city inspector performing a power reconnect inspection. - Neither O.C.G.A. § 8-2-222 nor O.C.G.A. § 25-2-38.1 operated to relieve a city inspector from liability for failure to properly inspect a mobile home prior to authorizing the connection of electrical power to the home because there was no evidence that the

inspector conducted an inspection of the mobile home pursuant to the Uniform Act for the Application of Building and Fire Related Codes to Existing Buildings or the Minimum Fire Safety Standards Code. Vann v. Finley, 313 Ga. App. 153, 721 S.E.2d 156, 2011 Ga. App. LEXIS 1080 (2011), cert. dismissed, No. S12C0667, 2012 Ga. LEXIS 387 (Ga. Apr. 24, 2012).

CHAPTER 3 HOUSING GENERALLY Article 1

PART 2

Housing Authorities

POWERS OF HOUSING AUTHORITIES GENERALLY Sec.

PART 1 GENERAL PROVISIONS Sec.

Short title. Legislative findings and declaration of necessity. Definitions. Additional definitions. Creation of housing authorities. Findings required before adoption of resolution. Resolution as conclusive evidence of authority’s establishment and authority. Applicability of local laws, ordinances, and regulations to housing projects. Exemption of authorities and their property from taxes and special assessments; payments in lieu of taxes and special assessments. Filing reports with clerk; recommending legislation or other necessary action. Vesting of fee simple title upon an authority’s exercise of power of eminent domain. Renting of housing units. Dwelling accommodations for persons of low income; duties with respect to rentals and tenant selection. Cooperation and joint operation by authorities. Consolidated housing authorities for two or more municipalities. Extraterritorial operation of city housing authorities. Providing housing in rural areas. Dormitories.

General powers; applicability of laws as to acquisition, operation, or disposition of property by other public bodies. Eminent domain. Eminent domain to be exercised solely for public use. Cooperation with federal government. Contracts with federal government. Housing studies and analyses. Legislative findings; additional powers; bonds. Prohibition of nonresidents suspected of criminal acts. PART 3

Appointment, qualifications, and tenure of commissioners; reimbursement for expenses. Authority; quorum; voting; officers; employees. Disclosure and abstention requirements for interested commissioners and employees. Removal of commissioners. PART 4

Authorized bonds. Bonds not personal liability nor public debt. Issued for public purpose; tax exemption; bonds as contract. Form; terms; interest. Sale of bonds. Signatures; negotiability.

Sec.

Validity. Powers of authorities as to securing payment of bonds and lease obligations. Remedies of obligee of an authority generally. Additional remedies conferrable on obligee by an authority. Property exempt from execution. Bonds and other obligations of authorities as legal investments. PART 5

Sec.

to

PROVIDING HOUSING FOR PERSONS ENGAGED IN NATIONAL DEFENSE INDUSTRIES OR ACTIVITIES

Procedure for creating an authority. Transfer of property to an authority. Resolution declaring need. Public hearings on adoption of resolution. Resolution as conclusive evidence of establishment. Powers of authority generally. Appointment of commissioners. Appointment of additional commissioner. Terms of office and removal of commissioners. Powers of commissioners. Area of operation of county and regional authorities. Increase in area of operation. Transfer of property to authority. Requirements for declaration of need for expansion of authority. Exclusion of counties; procedure; effect. Requirements for declaration of need for exclusion from authority. Detachment of county by its own resolution; effect. Creation of authority after exclusion or detachment.

Public hearing prior adoption of resolution. PART 6

Declaration of necessity. Definitions. Conditions precedent to exercise of powers; scope of rights and powers. Existence of war or national emergency as condition precedent to initiation of project. Cooperation with other entities. Aid and cooperation by state public bodies in development and administration of projects. Issuance of bonds, notes, and other obligations. Authorization for projects. Article 2

Housing Cooperation Law

Short title. Legislative findings and declaration of necessity. Definitions. Powers of state public bodies as to housing projects generally. Contracts for payments to state public bodies for improvements, services, and facilities provided. Appropriations to an authority by a city or a county for first-year expenses; loans and donations to authority. Procedure for exercise of powers granted by article to state public bodies. Article 3 Office of Housing

Legislative findings; powers and duties of State Office of Housing.

Sec.

State housing goal and report; assistance by other agencies and political subdivisions. Funding for single-family housing; construction requirements.

Sec.

Article 4

Fair Housing

State policy; purposes and construction of article. Definitions. Unlawful practices in selling or renting dwellings; exceptions. Unlawful denial of or discrimination in membership or participation in service or organization relating to selling or renting dwellings. Discrimination in residential real estate related transactions; appraisals. Permissible limitations in sale, rental, or occupancy of dwellings by religious organizations or private clubs; housing for older persons. Powers and duties of administrator; housing and urban development programs of other agencies. Educational and conciliatory activities; conferences; consultation as to extent of discrimination; reports. Discriminatory housing practice complaint procedures. Investigations; conciliation agreements; final report; breach of conciliation agreement; disclosure; action for temporary relief; transmittal of information. Procedure where local fair housing law applicable. Procedure on filing of discriminatory housing practice complaint. Subpoenas and discovery; penalties for violations.

State action for enforcement; fines; damages; civil action by local agency; administrative proceeding. Orders of administrative law judge. Appeal from order of administrative law judge; attorney’s fees and costs. Filing order of administrator in superior court and judgment thereon. Civil actions by aggrieved persons. Civil actions by Attorney General. Expediting civil actions. Adoption of provisions in local ordinance. Cooperation with federal and local agencies. Coercion, intimidation, threats, or interference. Compliance with federal law. Article 5

Housing Trust Fund for the Homeless

Short title. Definitions. Fund created. Amounts credited to trust fund. Investments. Payments from fund. Commission established; membership. Expense allowance and travel reimbursement for members of commission. Duties of commission. Acceptance of federal funds; disposition. Authorized disbursements for residential housing projects. Creation of stable housing accountability programs; application process; minimum standards; approval criteria; funding. Disbursements for operating expenses.

Sec.

Article 6

Sec.

Documentation by Home Inspectors

Powers of commission.

Documentation required. Licensing authority of political subdivision. Criminal penalty.

Home inspector.

Cross references. Relocation of persons and businesses displaced by federal-aid public works projects, § 22-4-1 et seq. Development authorities of counties and municipalities, § 36-62-1 et seq.

Law reviews. For comment, “Critical Housing Needs and the Emergency Low Income Housing Preservation Act of 1987: A Short-Term Solution to a Long-Term Problem,” see 40 Emory L.J. 163 (1991).

RESEARCH REFERENCES C.J.S. 39A C.J.S. (Rev), Health and Environment, §§ 51 et seq., 58 et seq. ALR. Validity of statute, ordinance, or regulation requiring compliance with

housing standards before rent increase or possession by new tenant, 20 A.L.R.4th 1246. Zoning Regulations Prohibiting or Limiting Fences, Hedges, or Walls, 75 A.L.R. 7th 2.

ARTICLE 1 HOUSING AUTHORITIES Cross references. Cooperation by cities, counties, and other governmental entities in aid of construction, operation, and other tasks of housing projects undertaken by municipal, county, and other governmental entities housing authorities, § 8-3-150 et seq. Editor’s notes. Georgia L. 1937, p. 210, as amended, the basis for this article, has been the subject of a number of validating acts by which the General Assembly has “validated, ratified, confirmed, approved, and declared legal” the establishment and organization of housing authorities; contracts and agreements entered into by housing authorities; actions with regard to the issuance of bonds; and various other specified actions taken by housing authorities prior to the date of each such validating act. See Ga. L. 1939, p. 126, §§ 1-3; Ga. L. 1951, p. 127, §§ 1-3; Ga. L. 1959, p. 141, §§ 1-3; Ga. L. 1962, p. 734,

§§ 1-3; and Ga. L. 1971, p. 94, § 1. None of these validating acts is codified. However, these acts have been indicated in the history citations for the sections in this article to which they appear to relate most directly. See the history citations for Code Sections 8-3-4, 8-3-6, 8-3-30, 8-3-32, 8-3-33, 8-3-50, 8-3-51, 8-3-70, 8-3-71, 8-3-73, 8-3-74, 8-3-77, 8-3-79, 8-3-81, 8-3-100, 8-3-104, 8-3-105, 8-3-106, 8-3-107, 8-3-108, 8-3-109, 8-3-134, 8-3-136, and 8-3-137. For case construing 1939 validating act (Ga. L. 1939, p. 126, §§ 1-3), see Hogg v. City of Rome, 189 Ga. 298, 6 S.E.2d 48 (1939). Law reviews. For note, “The Legal Nature of Public Purpose Authorities: Governmental, Private, or Neither,” see 8 Ga. L. Rev. 680 (1974). For article, “Tax-Exempt Financing of Section 8 Housing Projects,” see 15 Ga. St. B.J. 68 (1978).

JUDICIAL DECISIONS As to constitutionality, see Williamson v. Housing Auth., 186 Ga. 673, 199 S.E. 43, 1938 Ga. LEXIS 684 (1938); Barber v. Housing Auth., 189 Ga. 155, 5 S.E.2d 425, 1939 Ga. LEXIS 666 (1939); Telford v. City of Gainesville, 208 Ga. 56, 65 S.E.2d 246, 1951 Ga. LEXIS 292 (1951); Howard v. Housing Auth., 220 Ga. 640, 140 S.E.2d 880, 1965 Ga. LEXIS 589 (1965). Purpose of GA. L. 1937, p. 210 (see now O.C.G.A. § 8-3-1 et seq.) is to ratify and place a stamp of approval upon the past acts of the various housing authorities. The law does not have the effect of “updating” the housing authority laws. Oxford v. Housing Auth., 104 Ga. App. 797, 123 S.E.2d 175, 1961 Ga. App. LEXIS 805 (1961). Requirement of strict observance of statutes. - In proceedings under

statute authority whereby a person may be deprived of that person’s property, the statute must be strictly pursued. Compliance with all the statute’s prerequisites must be shown. Cobb v. Housing Auth., 210 Ga. 676, 82 S.E.2d 848, 1954 Ga. LEXIS 441 (1954). Taking or injuring of private property for public benefit is exercise of a high power and all conditions and limitations provided by law under which it may be done should be closely followed. Cobb v. Housing Auth., 210 Ga. 676, 82 S.E.2d 848, 1954 Ga. LEXIS 441 (1954).

OPINIONS OF THE ATTORNEY GENERAL Exemption from state sales tax. - Housing authorities are not exempt from the payment of state sales taxes upon

purchases made by the housing authorities. 1952-53 Ga. Op. Att’y Gen. 476.

RESEARCH REFERENCES Am. Jur. 2d. 40A Am. Jur. 2d, Housing Laws and Urban Redevelopment, § 6 et seq. ALR. Constitutionality and construction of

Emergency Price Control Act as relating to rent, 155 A.L.R. 1461; 156 A.L.R. 1459; 157 A.L.R. 1457; 158 A.L.R. 1464.

PART 1 GENERAL PROVISIONS