Title 8 — Buildings and Housing
0 chapters · 230 sections in this title.
O.C.G.A. § 8-3-214 Orders of administrative law judge
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(a) If the administrative law judge determines that the respondent has not engaged in a discriminatory housing practice, the administrative law judge shall state the administrative law judge’s findings of fact and conclusions of law and shall issue a final order within 30 days afte…
O.C.G.A. § 8-3-215 Appeal from order of administrative law judge; attorney’s fees and costs
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(a) Any party to a hearing before the administrative law judge may appeal any adverse final order of the administrative law judge by filing a petition for review in the Superior Court of Fulton County within 30 days of the issuance of the final order. The administrative law judge sh…
O.C.G.A. § 8-3-216 Administrator
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Consultation as to extent of discrimination, §8-3-207. Defined, §8-3-201. Powers and duties generally, §8-3-206. Reporting requirements, §8-3-207. Appeals. Orders of administrative law judge, §8-3-215. Appraisals.
O.C.G.A. § 8-3-217 Civil actions by aggrieved persons
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(a)(1) An aggrieved person may commence a civil action in an appropriate superior court not later than two years after the occurrence or the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this article, whiche…
O.C.G.A. § 8-3-218 Civil actions by Attorney General
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(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this article or that any group of persons has been denied any of the right…
O.C.G.A. § 8-3-219 Expediting civil actions
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Any court in which a proceeding is instituted under Code Section 8-3-217 or 8-3-218 shall assign the case for hearing at the earliest practicable date and cause the case to be expedited. History. Code 1981, § 8-3-219, enacted by Ga. L. 1990, p. 1284, § 1. 1048 8-3-222 8-3-220. Ad…
O.C.G.A. § 8-3-220 Adoption of provisions in local ordinance
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A political subdivision of this state may adopt verbatim the laws against discriminatory housing practices cited in Code Section 8-3-202, 8-3-203, 8-3-204, 8-3-205, or 8-3-222 of this article as a local ordinance but may not expand or reduce the rights granted by this article. Hi…
O.C.G.A. § 8-3-221 Cooperation with federal and local agencies
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The administrator may cooperate with federal and local agencies charged with the administration of federal and local fair housing laws or ordinances and, with the consent of such agencies, utilize the services of such agencies and their employees. In furtherance of such cooperati…
O.C.G.A. § 8-3-222 Coercion, intimidation, threats, or interference
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It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of such person’s having exercised or enjoyed, or on account of such person’s having aided or encouraged any other person in the exercise or enjoyment …
O.C.G.A. § 8-3-223 Conferences, §8-3-207
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Cooperation with federal and local agencies, §8-3-221. Declaration of public policy, §8-3-200. Discriminatory housing practices, §§8-3-201 to 8-3-205. Defined, §8-3-201. Unlawful practices in selling or renting dwellings, §8-3-202. Appraisals, §8-3-204. Coercion, intimidation, thr…
O.C.G.A. § 8-3-3 Definitions
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As used in this article, the term: (1) “Area of operation,” in the case of a housing authority of a city, means such city and any area which lies within the territorial boundaries of any other city, provided that a resolution shall have been adopted by the governing body of such …
O.C.G.A. § 8-3-3.1 Additional definitions
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As used in this article, the term: (1) “Community facilities” means the land, buildings, improvements, and equipment for such recreational, community, educational, and commercial facilities as the authority determines improve the quality of an eligible housing unit. (2) “Eligible…
O.C.G.A. § 8-3-30 Housing authorities
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Vesting of fee simple title upon authority’s exercise of eminent domain power, §8-3-10. Right to acquire property by eminent domain, §8-3-31. Public use. Requirement, §8-3-31.1. Redevelopment. Clearance and rehabilitation of blighted areas, §§8-4-6, 8-4-8. Use of property taken. …
O.C.G.A. § 8-3-300 Short title
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This article shall be known and may be cited as the “State Housing Trust Fund for the Homeless Act.” History. Code 1981, § 8-3-300, enacted by Ga. L. 1988, p. 717, § 1; Ga. L. 2024, p. 168, § 1/HB 1410, effective July 1, 2024; Ga. L. 2024, p. 1052, § 1(b)(11)/SB 448, effective Ju…
O.C.G.A. § 8-3-301 Definitions
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As used in this article, the term: (1) “Commission” means the State Housing Trust Fund for the Homeless Commission created in Code Section 8-3-306. (2) “Homeless” means persons and families who have no access to or can reasonably be expected not to have access to either tradition…
O.C.G.A. § 8-3-302 Fund created
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The State Housing Trust Fund for the Homeless is created as a separate fund in the state treasury. The fund shall be expended only as provided in this article. History. Code 1981, § 8-3-302, enacted by Ga. L. 1988, p. 717, § 1; Ga. L. 2024, p. 168, § 1/HB 1410, effective July 1, …
O.C.G.A. § 8-3-303 Amounts credited to trust fund
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The state treasurer shall credit to the trust fund all amounts appropriated or otherwise donated to such trust fund. All funds appropriated to or otherwise paid or credited to the trust fund shall be presumptively concluded to have been committed to the purpose for which they hav…
O.C.G.A. § 8-3-304 Investments
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The state treasurer shall invest trust fund money in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50. History. Code 1981, § 8-3-304, enacted by Ga. L. 1988, p. 717, § 1; Ga. L. 1993, p. …
O.C.G.A. § 8-3-305 Payments from fund
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The Office of the State Treasurer shall be authorized to draw a warrant or warrants upon the trust fund upon receipt of an order for payment of the State Housing Trust Fund for the Homeless Commission, which order for payment has been approved by the Governor. History. Code 1981,…
O.C.G.A. § 8-3-306 Commission established; membership
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(a)(1) There is established the State Housing Trust Fund for the Homeless Commission which shall consist of nine members. Two of the nine members shall be the commissioner of community affairs, or his or her designee, and either the chairperson of the Board of 1053 8-3-306 Commun…
O.C.G.A. § 8-3-307 Expense allowance and travel reimbursement for members of commission
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Members of the commission shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member is in physical attendance at a commission meeting, plus either reimbursement for actual tr…
O.C.G.A. § 8-3-308 Duties of commission
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The commission shall: (1) Meet at such times and places as it shall determine necessary or convenient to perform its duties; (2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business; (4) Accept applications for disbursements of ava…
O.C.G.A. § 8-3-309 Acceptance of federal funds; disposition
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The commission may accept federal funds granted by Congress or executive order, appropriations from the General Assembly, and gifts, grants, and donations from individuals, private organizations, or foundations for the purposes of residential housing projects. The commission may …
O.C.G.A. § 8-3-31 Eminent domain
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An authority shall have the right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this article after the adoption by it of a resolution declaring that the acquisition of the real property described the…
O.C.G.A. § 8-3-31.1 Eminent domain to be exercised solely for public use
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(a) As used in this Code section, the term “public use” shall have the meaning specified in Code Section 22-1-1. (b) Any exercise of the power of eminent domain under this chapter or Chapter 4 of this title must: (1) Be for a public use; and (2) Be approved by resolution of the go…
O.C.G.A. § 8-3-310 Authorized disbursements for residential housing projects
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With respect to residential housing projects, the commission may authorize the disbursement of available money from the trust fund for residential housing projects sponsored by a qualified sponsor. The commission may consult, as appropriate, with persons with varied and diverse in…
O.C.G.A. § 8-3-311 Definitions, §8-3-301
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Disbursement of funds for, authorized, §8-3-311. Duties of commission, §8-3-308. Creation of programs, §8-3-311. Funds received for purposes of programs, §8-3-303. Requirements of programs, §8-3-311. Title of act, §8-3-300. HOSPITALS. Pesticides used or applied in public building…
O.C.G.A. § 8-3-312 Citation of title, §8-3-300
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Commission established, §8-3-306. Disbursements for operating expenses, §8-3-312. Duties of commission, §8-3-308. Expense allowance and travel reimbursement, §8-3-307. HOMELESS PEOPLE —Cont’d Housing trust fund —Cont’d Commission established —Cont’d Members, §8-3-306. Powers of c…
O.C.G.A. § 8-3-313 Powers of commission
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(a) The commission shall have the power to hold title to any residential housing project or stable housing accountability program financed by it, but it shall not be required to do so. (b) The commission shall have the power to foreclose on any mortgage or security interest in def…
O.C.G.A. § 8-3-32 Cooperation with federal government
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An authority is empowered to borrow money or accept grants or other financial assistance from the federal government for, or in aid of, any housing project within its area of operation; to take over or lease or manage any housing project or undertaking constructed or owned by the …
O.C.G.A. § 8-3-33 Contracts with federal government
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(a) In any contract or amendatory or superseding contract for a loan and annual contributions heretofore or hereafter entered into between a housing authority and the federal government with respect to any housing project undertaken by said housing authority, the authority is 980…
O.C.G.A. § 8-3-330 Home inspector
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As used in this article, the term “home inspector” means any person, except an employee of a county, municipality, or political subdivision while engaged in the performance of the duties of his or her employment, who, for consideration, inspects and reports on the condition of an…
O.C.G.A. § 8-3-331 Failure to provide documentation
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Penalty, §8-3-332. When required, §8-3-331. Licensing authority of political subdivision, §8-3-331.1. Homeless people housing trust fund, §§8-3-300 to 8-3-313. Housing generally. Cooperation by cities, counties, etc., in aid of construction, operation, etc., of housing projects. …
O.C.G.A. § 8-3-331.1 Licensing authority of political subdivision
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Nothing in this article shall preempt a political subdivision from prescribing licensing requirements for home inspectors. History. Code 1981, § 8-3-331.1, enacted by Ga. L. 1997, p. 550, § 2. Editor’s notes. Ga. L. 1997, p. 550, § 3, not codified by the General Assembly, provides…
O.C.G.A. § 8-3-332 Criminal penalty
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Any person violating any of the provisions of this article shall be guilty of a misdemeanor. History. Code 1981, § 8-3-332, enacted by Ga. L. 1994, p. 471, § 1. 1061 T.8, C.4 BUILDINGS AND HOUSING 8-4-1 CHAPTER 4 CLEARANCE AND REHABILITATION OF BLIGHTED AREAS Sec. 8-4-1. 8-4-2. 8…
O.C.G.A. § 8-3-34 Housing studies and analyses
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(a) Any housing authority may, within its area of operation, undertake studies and analyses of housing needs and of the measures required to meet such needs, including the gathering of data with respect to population and family groups, and the distribution of such groups accordin…
O.C.G.A. § 8-3-35 Legislative findings; additional powers; bonds
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(a) It is found and declared that from time to time there has existed and at the present time there exists an inadequate supply of funds at interest rates sufficiently low to enable the financing of safe and sanitary single and multifamily dwelling units for citizens of the state …
O.C.G.A. § 8-3-36 Prohibition of nonresidents suspected of criminal acts
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Any housing authority created pursuant to this article, acting through its director or his or her designee, is authorized to prohibit, without breaching the peace, any person who is reasonably suspected of committing a criminal act on the premises of a housing project and who 984…
O.C.G.A. § 8-3-4 Creation of housing authorities
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In each city and in each county of the state there is created a public body corporate and politic to be known as the “housing authority” of the city or county; provided, however, that such authority shall not transact any business or exercise its powers under this article until o…
O.C.G.A. § 8-3-5 Findings required before adoption of resolution
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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 sa…
O.C.G.A. § 8-3-50 Removal, §8-3-53
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Tenure, §8-3-50. Vesting of power, §8-3-51. Vice-chairman, §8-3-51. Voting by commissioners, §8-3-51. Consolidated housing authorities for two or more municipalities, §8-3-14. Construction, operation, etc., of dormitories for university system of Georgia. Powers of authorities an…
O.C.G.A. § 8-3-51 Authority; quorum; voting; officers; employees
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(a) The powers of each authority shall be vested in the commissioners thereof in office from time to time. Three commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action 988 8-…
O.C.G.A. § 8-3-53 Removal of commissioners
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For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority may be removed by the mayor or, in the case of an authority for a county, by the governing body of said county, provided that a commissioner shall be removed only after he shall have been …
O.C.G.A. § 8-3-6 Resolution as conclusive evidence of authority’s establishment and authority
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In any action or proceeding involving the validity or enforcement of, or otherwise relating to, any contract of an authority, the authority shall be conclusively deemed to have become established and autho959 8-3-7 rized to transact business and exercise its powers under this art…
O.C.G.A. § 8-3-7 National defense industries
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Housing for persons engaged in, §§8-3-130 to 8-3-137. Ordinances. Applicability of local zoning, building, etc., ordinances, §8-3-7. Persons engaged in national defense industries or activities, §§8-3-130 to 8-3-137. Declaration of public policy, §8-3-130. Definitions, §8-3-131. D…
O.C.G.A. § 8-3-70 Authorized bonds
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An authority shall have power to issue bonds from time to time, in its discretion, for any of its corporate purposes. An authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. An authority may issue such types…
O.C.G.A. § 8-3-71 Bonds not personal liability nor public debt
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(a) Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. (b) The bonds and other obligations of an authority shall not be a debt of the city, the county, the state, or any political…
O.C.G.A. § 8-3-72 Issued for public purpose; tax exemption; bonds as contract
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Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities. All such bonds shall be exempt from state, county, municipal, or other taxation in the State of Georgia; and interest on such bonds shall be exempt…
O.C.G.A. § 8-3-73 Form; terms; interest
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Bonds of an authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates; mature at such time or times; bear interest at such rate or rates; be in such denomination or denominations; be in such form, either coupon or re…
O.C.G.A. § 8-3-74 Sale of bonds
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The bonds of an authority may be sold at public or private sale in such a manner and for such price as the authority may determine to be in the best interest of the authority. History. Ga. L. 1937, p. 210, § 15; Ga. L. 1939, p. 126, § 3; Ga. L. 1951, p. 127, § 3; Ga. L. 1959, p. …