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O.C.G.A. § 8-3-5 — Findings required before adoption of resolution | Georgia Code
O.C.G.A. § 8-3-5 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 8 BUILDINGS AND HOUSING

Section 3. Housing Generally, 8-3-1 through 8-3-332.

ARTICLE 1 HOUSING AUTHORITIES

8-3-5. Findings required before adoption of resolution.

  1. 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.
  2. 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.

(Ga. L. 1937, p. 210, § 4.)

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).

RESEARCH REFERENCES

Am. Jur. 2d.

- 40A Am. Jur. 2d, Housing Laws and Urban Redevelopment, § 12.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.