O.C.G.A.
O.C.G.A.

O.C.G.A. § 8-3-5 (2019)

Findings required before adoption of resolution

✓ 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) A governing body shall adopt a resolution declaring that there is need for a housing authority in the city or county, as the case may be, if it shall find that insanitary or unsafe inhabited dwelling accommodations exist in such city or county or that there is a shortage of safe or sanitary dwelling accommodations in such city or county available to persons of low income at rentals they can afford.

(b) In determining whether dwelling accommodations are unsafe or insanitary, said governing body may take into consideration the degree of overcrowding; the percentage of land coverage; the light, air, space, and access available to the inhabitants of such dwelling accommodations; the size and arrangement of the rooms; the sanitary facilities; and the extent to which conditions which endanger life or property by fire or other causes exist in such buildings.

History

Ga. L. 1937, p. 210, § 4.

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).

RESEARCH REFERENCES Am. Jur. 2d. 40A Am. Jur. 2d, Housing Laws and Urban Redevelopment, § 19.

Notes of Decisions
Cited in 2 cases, 2002–2007 · leading case: Hous. Auth. of City of Macon v. Ellis, 655 S.E.2d 621 (Ga. Ct. App. 2007).
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Hous. Auth. of City of Macon v. Ellis, 655 S.E.2d 621 (Ga. Ct. App. 2007). · cites it 4× “OCGA § 8-3-50 (a) (1) provides that [w]hen the governing body of a city adopts a resolution as provided in Code Section 8-3-5, it shall promptly notify the mayor of such adoption.”
Vester v. Banks, 570 S.E.2d 586 (Ga. Ct. App. 2002). “5; Putnam County Code of Ordinances § 66-4 (c); Sandersville City Code of Ordinances § 8-3-5 (9); Smyrna City Code of Ordinances, Appendix A Zoning, § 402.”
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