O.C.G.A.

O.C.G.A. § 8-3-4 (2019)

Creation of housing authorities

✓ 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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In each city and in each county of the state there is created a public body corporate and politic to be known as the “housing authority” of the city or county; provided, however, that such authority shall not transact any business or exercise its powers under this article until or unless the governing body of the city or the county, as the case may be, by proper resolution shall declare at any time hereafter that there is need for an authority to function in such city or county. The determination as to whether there is such need for an authority to function may be made by the governing body on its own motion or shall be made by the governing body upon the filing of a petition signed by 25 residents of the city or county, as the case may be, asserting that there is need for an authority to function in such city or county and requesting that the governing body so declare.

History

Ga. L. 1937, p. 210, § 4; Ga. L. 1939, p.

126, § 1; Ga. L. 1951, p. 127, § 1; Ga. L. 1959, p. 141, § 1; Ga. L. 1962, p. 734, § 1.

Annotations

JUDICIAL DECISIONS Constitutionality. - Housing Authorities Law (see now O.C.G.A. § 8-3-1 et seq.) does not violate Ga. Const. 1945, Art. I, Sec. I, Para. III (see now Ga. Const. 1983, Art. I, Sec. I, Para. I) because the law vests in the governing body of a municipality authority to determine its need for a housing authority without making any provision for notice to the citizens and taxpayers thereof since the fact-finding power so lodged by the legislature in such governing body is a ministerial function only and not one judicial in character. Telford v. City of Gainesville, 208 Ga. 56, 65 S.E.2d 246, 1951 Ga. LEXIS 292 (1951).

Instrumentality of state. - Housing authority created by the Housing Authorities Law (see now O.C.G.A. § 8-3-1 et seq.) is in effect an instrumentality of the state. Knowles v. Housing Auth., 212 Ga. 729, 95 S.E.2d 659, 1956 Ga. LEXIS 510 (1956), overruled in part as stated in Pass v. Athens Housing Authority, 368 Ga. App. 445, 890 S.E.2d 342, 2023 Ga. App. LEXIS 331 (2023), overruled in part as stated in Files v. Hous. Auth. of City of Douglas, 368 Ga. App. 455, 890 S.E.2d 356, 2023 Ga. App. LEXIS 326 (2023).

OPINIONS OF THE ATTORNEY GENERAL Town which becomes a city subsequent to the passage of the Housing Authorities Law (see now O.C.G.A. § 8-3-1 et seq.) would have created

therefor a housing authority at the time such town became a city. 1952-53 Ga. Op. Att’y Gen. 371.

RESEARCH REFERENCES Am. Jur. 2d. 40A Am. Jur. 2d, Housing Laws and Urban Redevelopment, § 6 et seq. ALR. Fair Housing Act (42 U.S.C.A. §§ 3601

et seq.) - Supreme Court Cases, 30 A.L.R. Fed. 3d 3.

Notes of Decisions

Cited in 4 cases (4 in the last 5 years), 2023–2025 · leading case: Guy v. Hous. Auth. of the City of Augusta, 321 Ga. 873 (Ga. 2025).

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Guy v. Hous. Auth. of the City of Augusta, 321 Ga. 873 (Ga. 2025). · cites it 4× “OCGA § 8-3-4. Upon such a declaration by the governing body of a city or county, commissioners comprising the authority are appointed by the mayor or county governing body, respectively.”

Keyron Pass v. Athens Hous. Auth. a/k/a Hous. Auth. of the City of Athens (Ga. Ct. App. 2023). · cites it 4× “” OCGA § 8-3-4. The General Assembly recognized that throughout the State, there were “unsanitary and unsafe” dwelling accommodations in which persons of low income were forced to reside because of a shortage of safe, clean, uncrowded and affordable housing and necessitating…”

Christina Guy v. the Hous. Auth. of the City of Augusta (Ga. Ct. App. 2024). · cites it 2× “OCGA § 8-3-4; see also Ga. Const. of 1983, Art.”

Charles W. Files v. the Hous. Authourity of the City of Douglas (Ga. Ct. App. 2023). · cites it 2× “As OCGA § 8-3-4 provides, housing authorities cannot exercise their power “until or unless the governing body of the city or the county .”

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