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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 8. BUILDINGS AND HOUSING |
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Chapter 3. HOUSING GENERALLY |
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Article 1. HOUSING AUTHORITIES |
| Part 1. GENERAL PROVISIONS |
| § 8-3-1. Short title |
| § 8-3-2. Legislative findings and declaration of necessity |
| § 8-3-3. Definitions |
| § 8-3-3.1. Additional definitions |
| § 8-3-4. Creation of housing authorities |
| § 8-3-5. Findings required before adoption of resolution |
| § 8-3-6. Resolution as conclusive evidence of authority's establishment and authority |
| § 8-3-7. Applicability of local laws, ordinances, and regulations to housing projects |
| § 8-3-8. Exemption of authorities and their property from taxes and special assessments; payments in lieu of taxes and special assessments |
| § 8-3-9. Filing reports with clerk; recommending legislation or other necessary action |
| § 8-3-10. Vesting of fee simple title upon an authority's exercise of power of eminent domain |
| § 8-3-11. Renting of housing units -- Requirements as to fixing of rentals by authorities generally |
| § 8-3-12. Dwelling accommodations for persons of low income; duties with respect to rentals and tenant selection |
| § 8-3-13. Cooperation and joint operation by authorities |
| § 8-3-14. Consolidated housing authorities for two or more municipalities |
| § 8-3-15. Extraterritorial operation of city housing authorities |
| § 8-3-16. Providing housing in rural areas |
| § 8-3-17. Powers of authorities and board of regents as to dormitories; venue for actions regarding rights in projects and questions as to issuance of bonds; validation and confirmation of bonds |
| Part 2. POWERS OF HOUSING AUTHORITIES GENERALLY |
| § 8-3-30. General powers; applicability of laws as to acquisition, operation, or disposition of property by other public bodies |
| § 8-3-31. Eminent domain |
| § 8-3-31.1. "Public use" defined; eminent domain to be exercised solely for public use |
| § 8-3-33. Contracts and agreements with federal government to obtain federal contributions to housing projects |
| § 8-3-34. Housing studies and analyses |
| § 8-3-35. Legislative findings; additional powers of authority; effect of financing with bond proceeds; issuance, sale, confirmation, and validation of bonds; venue of actions |
| § 8-3-36. Prohibition of nonresidents suspected of criminal acts |
| Part 3. HOUSING AUTHORITY COMMISSIONERS |
| § 8-3-50. Appointment, qualifications, and tenure of commissioners; reimbursement for expenses |
| § 8-3-51. Commissioners authority; quorum; voting by commissioners; chairman; vice-chairman; employment of personnel; obtaining legal services; delegation of powers or duties |
| § 8-3-52. Disclosure and abstention requirements for interested commissioners and employees |
| § 8-3-53. Removal of commissioners |
| Part 4. OBLIGATIONS ON BONDS AND LEASES |
| § 8-3-70. Bonds -- Power of authorities to issue bonds; types of bonds; security for bonds |
| § 8-3-71. Bonds -- Liability of commissioner, state, and political subdivisions; status of bonds in regard to constitutional and statutory debt limitations and restrictions |
| § 8-3-72. Bonds -- Exemption of bonds and interest from taxation; article as contract by housing authorities and state with bondholders and transferees |
| § 8-3-73. Bonds -- Form; terms; rate of interest |
| § 8-3-74. Bonds -- Public sale of bonds; exceptions |
| § 8-3-75. Bonds -- Validity of signatures; negotiability |
| § 8-3-76. Bonds -- Effect of recital of purpose on face of bond |
| § 8-3-77. Powers of authorities as to securing payment of bonds and lease obligations |
| § 8-3-78. Remedies of obligee of an authority generally |
| § 8-3-79. Additional remedies conferrable on obligee by an authority |
| § 8-3-80. Exemption of property of authorities from execution sale; charges or liens on property of authorities; enforcement of mortgages, pledges, or liens by obligees of authorities |
| § 8-3-81. Bonds and other obligations of authorities as legal investments |
| Part 5. REGIONAL HOUSING AUTHORITIES |
| § 8-3-100. Procedure for creating an authority |
| § 8-3-101. Transfer of property to an authority |
| § 8-3-102. Conditions precedent to adoption of resolution declaring need for an authority |
| § 8-3-103. Public hearings on adoption of resolution |
| § 8-3-104. Resolution as conclusive evidence of an authority's establishment; sufficiency of resolution. |
| § 8-3-105. Powers of an authority generally |
| § 8-3-106. Commissioners -- Appointment by county governing bodies |
| § 8-3-107. Commissioners -- Appointment of additional commissioner |
| § 8-3-108. Commissioners -- Terms of office; removal; record of removal proceedings |
| § 8-3-109. Commissioners -- Vesting of powers of an authority in commissioners; selection of chairman and other officers; employees; quorum; location of meetings |
| § 8-3-110. Area of operation of county and regional authorities |
| § 8-3-111. Addition of counties to an authority -- Procedure; effect |
| § 8-3-112. Addition of counties to an authority -- Transfer of property to authority |
| § 8-3-113. Addition of counties to an authority -- Conditions precedent to adoption of resolution declaring need for expansion of authority |
| § 8-3-114. Exclusion of counties from regional authority -- Procedure generally; effect of reducing area of operation to one county |
| § 8-3-115. Exclusion of county from regional authority -- Conditions precedent to adoption of resolution declaring need for exclusion |
| § 8-3-116. Detachment of a county by its own resolution; assumption of regional authority's bonds, notes, and other obligations by an authority thereafter established for county |
| § 8-3-117. Creation of an authority for a county after exclusion or detachment from a regional authority; appointment of commissioners; scope of powers; subsequent inclusion in a regional authority |
| § 8-3-118. Public hearing prior to adoption of resolution |
| Part 6. PROVIDING HOUSING FOR PERSONS ENGAGED IN NATIONAL DEFENSE INDUSTRIES OR ACTIVITIES |
| § 8-3-130. Declaration of necessity |
| § 8-3-131. Definitions |
| § 8-3-132. Conditions precedent to exercise of powers by an authority; scope of rights and powers of an authority generally |
| § 8-3-133. Existence of war or national emergency as condition precedent to initiation of project |
| § 8-3-134. Cooperation by an authority with federal government, other public bodies, and private agencies; leases of projects by an authority from federal government |
| § 8-3-135. Aid and cooperation by state public bodies in development and administration of projects |
| § 8-3-136. Issuance of bonds, notes, and other obligations by an authority |
REFS & ANNOS
TITLE 8 Chapter 3 Article 1 NOTE
CROSS REFERENCES. --Cooperation by cities, counties, etc., in aid of construction, operation, etc., of housing projects undertaken by municipal, county, etc., housing authorities, § 8-3-150 et seq.
EDITOR'S NOTES. --Georgia L. 1937, p. 210, as amended, the basis for this article, has been the subject of a number of validating acts by which the General Assembly has "validated, ratified, confirmed, approved, and declared legal" the establishment and organization of housing authorities; contracts and agreements entered into by housing authorities; actions with regard to the issuance of bonds; and various other specified actions taken by housing authorities prior to the date of each such validating act. See Ga. L. 1939, p. 126, §§ 1-3; Ga. L. 1951, p. 127, §§ 1-3; Ga. L. 1959, p. 141, §§ 1-3; Ga. L. 1962, p. 734, §§ 1-3; and Ga. L. 1971, p. 94, § 1. None of these validating acts is codified. However, these acts have been indicated in the history citations for the sections in this article to which they appear to relate most directly. See the history citations for Code Sections 8-3-4, 8-3-6, 8-3-30, 8-3-32, 8-3-33, 8-3-50, 8-3-51, 8-3-70, 8-3-71, 8-3-73, 8-3-74, 8-3-77, 8-3-79, 8-3-81, 8-3-100, 8-3-104, 8-3-105, 8-3-106, 8-3-107, 8-3-108, 8-3-109, 8-3-134, 8-3-136, and 8-3-137. For case construing 1939 validating act (Ga. L. 1939, p. 126, §§ 1-3), see Hogg v. City of Rome, 189 Ga. 298, 6 S.E.2d 48 (1939).
LAW REVIEWS. --For article, "Tax-Exempt Financing of Section 8 Housing Projects," see 15 Ga. St. B.J. 68 (1978).
For note, "The Legal Nature of Public Purpose Authorities: Governmental, Private, or Neither," see 8 Ga. L. Rev. 680 (1974).
JUDICIAL DECISIONS
AS TO CONSTITUTIONALITY OF O.C.G.A. ART. 1, CH. 3, T. 8, see Williamson v. Housing Auth., 186 Ga. 673, 199 S.E. 43 (1938); Barber v. Housing Auth., 189 Ga. 155, 5 S.E.2d 425 (1939); Telford v. City of Gainesville, 208 Ga. 56, 65 S.E.2d 246 (1951); Howard v. Housing Auth., 220 Ga. 640, 140 S.E.2d 880 (1965).
THE PURPOSE OF O.C.G.A. ART. 1, CH. 3, T. 8 is to ratify and place a stamp of approval upon the past acts of the various housing authorities. That article does not have the effect of "updating" the housing authority laws. Oxford v. Housing Auth., 104 Ga. App. 797, 123 S.E.2d 175 (1961).
REQUIREMENT OF STRICT OBSERVANCE OF STATUTES. --In proceedings under statute authority whereby a person may be deprived of that person's property, statute must be strictly pursued. Compliance with all its prerequisites must be shown. Cobb v. Housing Auth., 210 Ga. 676, 82 S.E.2d 848 (1954).
Taking or injuring of private property for public benefit is exercise of a high power, and all conditions and limitations provided by law under which it may be done should be closely followed. Cobb v. Housing Auth., 210 Ga. 676, 82 S.E.2d 848 (1954).
CITED in Virginia-Carolina Chem. Co. v. Willoughby, 66 Ga. App. 900, 19 S.E.2d 816 (1942); Emerson v. Southwest Ga. Regional Hous. Auth., 196 Ga. 675, 27 S.E.2d 334 (1943); Banks v. Housing Auth., 79 Ga. App. 313, 53 S.E.2d 595 (1949); Housing Auth. v. Curry Realty Co., 86 Ga. App. 527, 71 S.E.2d 898 (1952); Hospital Auth. v. Stewart, 226 Ga. 530, 175 S.E.2d 857 (1970); Brown v. Housing Auth., 240 Ga. 647, 242 S.E.2d 143 (1978); Billington v. Underwood, 613 F.2d 91 (5th Cir. 1980); Martin v. Housing Auth., 86 F.R.D. 320 (N.D. Ga. 1980).
OPINIONS OF THE ATTORNEY GENERAL
EXEMPTION FROM STATE SALES TAX. --Housing authorities are not exempt from the payment of state sales taxes upon purchases made by them. 1952-53 Op. Att'y Gen. p. 476.
RESEARCH REFERENCES
AM. JUR. 2D. --40A Am. Jur. 2d, Housing Laws and Urban Redevelopment, § 10 et seq.
ALR. --Constitutionality and construction of Emergency Price Control Act as relating to rent, 155 ALR 1461; 156 ALR 1459; 157 ALR 1457; 158 ALR 1464.
EDITOR'S NOTES. --Georgia L. 1937, p. 210, as amended, the basis for this article, has been the subject of a number of validating acts by which the General Assembly has "validated, ratified, confirmed, approved, and declared legal" the establishment and organization of housing authorities; contracts and agreements entered into by housing authorities; actions with regard to the issuance of bonds; and various other specified actions taken by housing authorities prior to the date of each such validating act. See Ga. L. 1939, p. 126, §§ 1-3; Ga. L. 1951, p. 127, §§ 1-3; Ga. L. 1959, p. 141, §§ 1-3; Ga. L. 1962, p. 734, §§ 1-3; and Ga. L. 1971, p. 94, § 1. None of these validating acts is codified. However, these acts have been indicated in the history citations for the sections in this article to which they appear to relate most directly. See the history citations for Code Sections 8-3-4, 8-3-6, 8-3-30, 8-3-32, 8-3-33, 8-3-50, 8-3-51, 8-3-70, 8-3-71, 8-3-73, 8-3-74, 8-3-77, 8-3-79, 8-3-81, 8-3-100, 8-3-104, 8-3-105, 8-3-106, 8-3-107, 8-3-108, 8-3-109, 8-3-134, 8-3-136, and 8-3-137. For case construing 1939 validating act (Ga. L. 1939, p. 126, §§ 1-3), see Hogg v. City of Rome, 189 Ga. 298, 6 S.E.2d 48 (1939).
LAW REVIEWS. --For article, "Tax-Exempt Financing of Section 8 Housing Projects," see 15 Ga. St. B.J. 68 (1978).
For note, "The Legal Nature of Public Purpose Authorities: Governmental, Private, or Neither," see 8 Ga. L. Rev. 680 (1974).
JUDICIAL DECISIONS
AS TO CONSTITUTIONALITY OF O.C.G.A. ART. 1, CH. 3, T. 8, see Williamson v. Housing Auth., 186 Ga. 673, 199 S.E. 43 (1938); Barber v. Housing Auth., 189 Ga. 155, 5 S.E.2d 425 (1939); Telford v. City of Gainesville, 208 Ga. 56, 65 S.E.2d 246 (1951); Howard v. Housing Auth., 220 Ga. 640, 140 S.E.2d 880 (1965).
THE PURPOSE OF O.C.G.A. ART. 1, CH. 3, T. 8 is to ratify and place a stamp of approval upon the past acts of the various housing authorities. That article does not have the effect of "updating" the housing authority laws. Oxford v. Housing Auth., 104 Ga. App. 797, 123 S.E.2d 175 (1961).
REQUIREMENT OF STRICT OBSERVANCE OF STATUTES. --In proceedings under statute authority whereby a person may be deprived of that person's property, statute must be strictly pursued. Compliance with all its prerequisites must be shown. Cobb v. Housing Auth., 210 Ga. 676, 82 S.E.2d 848 (1954).
Taking or injuring of private property for public benefit is exercise of a high power, and all conditions and limitations provided by law under which it may be done should be closely followed. Cobb v. Housing Auth., 210 Ga. 676, 82 S.E.2d 848 (1954).
CITED in Virginia-Carolina Chem. Co. v. Willoughby, 66 Ga. App. 900, 19 S.E.2d 816 (1942); Emerson v. Southwest Ga. Regional Hous. Auth., 196 Ga. 675, 27 S.E.2d 334 (1943); Banks v. Housing Auth., 79 Ga. App. 313, 53 S.E.2d 595 (1949); Housing Auth. v. Curry Realty Co., 86 Ga. App. 527, 71 S.E.2d 898 (1952); Hospital Auth. v. Stewart, 226 Ga. 530, 175 S.E.2d 857 (1970); Brown v. Housing Auth., 240 Ga. 647, 242 S.E.2d 143 (1978); Billington v. Underwood, 613 F.2d 91 (5th Cir. 1980); Martin v. Housing Auth., 86 F.R.D. 320 (N.D. Ga. 1980).
OPINIONS OF THE ATTORNEY GENERAL
EXEMPTION FROM STATE SALES TAX. --Housing authorities are not exempt from the payment of state sales taxes upon purchases made by them. 1952-53 Op. Att'y Gen. p. 476.
RESEARCH REFERENCES
AM. JUR. 2D. --40A Am. Jur. 2d, Housing Laws and Urban Redevelopment, § 10 et seq.
ALR. --Constitutionality and construction of Emergency Price Control Act as relating to rent, 155 ALR 1461; 156 ALR 1459; 157 ALR 1457; 158 ALR 1464.