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2018 Georgia Code 8-3-7 | Car Wreck Lawyer

TITLE 8 BUILDINGS AND HOUSING

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

ARTICLE 1 HOUSING AUTHORITIES

8-3-7. Applicability of local laws, ordinances, and regulations to housing projects.

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.

(Ga. L. 1937, p. 210, § 13.)

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).

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. of Atlanta v. Jefferson, 225 Ga. App. 60, 476 S.E.2d 831 (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.

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