O.C.G.A.

O.C.G.A. § 8-3-7 (2019)

Applicability of local laws, ordinances, and regulations to housing projects

✓ 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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All housing projects of an authority shall be subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the housing project is situated.

History

Ga. L. 1937, p. 210, § 13.

Annotations

JUDICIAL DECISIONS Compliance with city ordinances is not condition precedent to condemnation. - Though the housing authority under Ga. L. 1937, p. 210, § 13 (see now O.C.G.A. § 8-3-7) is amenable to the zoning ordinances of the city, a compliance by the defendant authority with such ordinances and regulations is not made a condition precedent to the condemning by the authority of private property by exercise of the power of eminent domain, and the fact that the property sought to be condemned has not been zoned by the municipality for the use contemplated by the authority is not a

valid ground or reason to enjoin it from proceeding with the project. West v. Housing Auth., 211 Ga. 133, 84 S.E.2d 30, 1954 Ga. LEXIS 488 (1954). Duty to inspect for smoke detectors. - In its capacity as administrator of a federal housing program, when qualifying a house, a city housing authority was considered an “owner” under an applicable city ordinance and thus had a duty to inspect the dwelling and, if necessary, provide a smoke detector. Housing Auth. v. Jefferson, 223 Ga. App. 60, 476 S.E.2d 831, 1996 Ga. App. LEXIS 1066 (1996).

RESEARCH REFERENCES ALR. Exclusionary zoning, 48 A.L.R.3d 1210. Retroactive effect of zoning regulation, in absence of saving clause, on pending application for building permit, 50 A.L.R.3d 596. Validity of statutes, ordinances, and regulations requiring the installation or

maintenance of various bathroom facilities in dwelling units, 79 A.L.R.3d 716. Validity of statutory classifications based on population - zoning, building, and land use statutes, 98 A.L.R.3d 679. Applicability of zoning regulations to governmental projects or activities, 53 A.L.R.5th 1.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1985–2023 · leading case: Hous. Auth. of Atlanta v. Jefferson, 476 S.E.2d 831 (Ga. Ct. App. 1996).

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Hous. Auth. of Atlanta v. Jefferson, 476 S.E.2d 831 (Ga. Ct. App. 1996). · cites it 8× “O.C.G.A. § 8-3-7 provides: "All housing projects of an authority shall be subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the housing project is situated.”

Tomberlin Assocs., Architects, Inc. v. Free, 329 S.E.2d 296 (Ga. Ct. App. 1985). · cites it 2× “See OCGA § 8-3-7. It asserts, however, the charge was improper because no competent evidence of the applicable zoning regulations was introduced at trial.”

Charles W. Files v. the Hous. Authourity of the City of Douglas (Ga. Ct. App. 2023). · cites it 2× “OCGA § 8-3-7 provides that a housing authority’s projects are subject to the local zoning, sanitation, and building laws or ordinances where it is situated.”

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.