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Georgia Statutes, Title 8

Georgia/Statutes

← All Georgia coverage

Title 8

6 chapters · 267 sections in this title.

All chapters in Title 8267 Ch 3, HOUSING GENERALLY121 Ch 2, STANDARDS AND REQUIREMENTS FOR CONST…120 Ch 4, CLEARANCE AND REHABILITATION OF BLIG…12 Ch 5, ART IN STATE BUILDINGS9 Ch 6, CONSTRUCTION ACTIVITY PROHIBITION ON…4 Ch 7, PESTICIDES IN PUBLIC BUILDINGS1

121 sections·Filtered byTitle 8✕Ch 3✕

O.C.G.A. § 8-3-1 Short title
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This article shall be known and may be cited as the “Housing Authorities Law.” History. Ga. L. 1937, p. 210, § 1; Ga. L. 2024, p. 1052, § 1(b)(7)/SB 448, effective July 1, 2024. Amendments. The 2024 amendment, effective July 1, 2024, part of an Act to revise, modern- ize, and cor…
O.C.G.A. § 8-3-10 Vesting of fee simple title upon an authority’s exercise of power of eminent domain
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Whenever a housing authority is or has been created under the terms of this article, and whenever it is determined by the commissioners or other governing body of such authority to be necessary or advisable to exercise the power of eminent domain by condemning property, and whene…
O.C.G.A. § 8-3-100 Procedure for creating an authority
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If the governing body of each of two or more contiguous counties by resolution declares that there is a need for one housing authority to be created for all of such counties to exercise in such counties powers and other functions prescribed for a regional housing authority, a pub…
O.C.G.A. § 8-3-101 Transfer of property to an authority
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When any real property of a county housing authority vests in a regional housing authority as provided in Code Section 8-3-100, the county housing authority shall execute a deed of such property to the regional housing authority, which thereupon shall ﬁle such deed in the office …

O.C.G.A. § 8-3-102 Resolution declaring need

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(a) The governing body of each of two or more contiguous counties may by resolution declare that there is a need for one regional housing authority to be created for all such counties to exercise in such counties powers and other functions prescribed for a regional housing author…

O.C.G.A. § 8-3-103 Public hearings on adoption of resolution

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The governing body of a county shall not adopt any resolution authorized by Code Sections 8-3-100, 8-3-102, and 8-3-104 unless a public hearing has ﬁrst been held. The clerk of such county shall give notice of the time, place, and purpose of the public hearing at least ten days p…

O.C.G.A. § 8-3-104 Resolution as conclusive evidence of establishment

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In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the regional housing authority, the regional housing authority shall be conclusively deemed to have become created as a public body corporate and politic and to have become …

O.C.G.A. § 8-3-105 Powers of authority generally

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Except as otherwise provided in this part, a regional housing authority and the commissioners thereof shall, within the area of operation of such regional housing authority, have the same functions, rights, powers, duties, privileges, immunities, and limitations provided for hous…

O.C.G.A. § 8-3-106 Appointment of commissioners

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The governing bodies of the counties desiring to form a regional housing authority shall have the right to establish by resolution the composition and size of the board of commissioners of the regional housing authority; provided, however, that each county shall have at least one…

O.C.G.A. § 8-3-107 Appointment of additional commissioner

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If the area of operation of a regional housing authority consists of an even number of counties, the commissioners of the regional housing authority appointed by the governing bodies of such counties shall appoint one additional commissioner whose term of office shall be as provi…

O.C.G.A. § 8-3-108 Terms of office and removal of commissioners

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(a) The commissioners of a regional housing authority shall be appointed for terms of ﬁve years, except that all vacancies shall be ﬁlled for the unexpired terms. Each commissioner shall hold office until his successor has been appointed and has qualiﬁed. (b) For inefficiency or …

O.C.G.A. § 8-3-109 Powers of commissioners

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(a) The commissioners shall constitute the regional housing authority, and the powers of such authority shall be vested in such commissioners in office from time to time. (b) The commissioners of a regional housing authority shall elect a chairman from among the commissioners and…

O.C.G.A. § 8-3-11 Renting of housing units

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It is declared to be the policy of this state that each housing authority shall manage and operate its housing projects or, in the event of its use of a private enterprise agreement, shall cause each housing project subject thereto to be managed and operated in an efficient manne…

O.C.G.A. § 8-3-110 Area of operation of county and regional authorities

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The area of operation of a housing authority created for a county shall include all of the county for which it is created; and the area of operation of a regional housing authority shall include all of the counties for which such regional housing authority is created and establis…

O.C.G.A. § 8-3-111 Increase in area of operation

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(a) The area of operation of a regional housing authority shall be increased from time to time to include one or more additional contiguous counties not already within the area of operation of a regional housing authority if the governing body of each of the counties then include…

O.C.G.A. § 8-3-112 Transfer of property to authority

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When any real property of a county housing authority vests in a regional housing authority as provided in Code Section 8-3-111, the county housing authority shall execute a deed of such property to the regional housing authority which thereupon shall ﬁle such deed in the office p…

O.C.G.A. § 8-3-113 Requirements for declaration of need for expansion of authority

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The governing body of each of the counties in the area of operation of the regional housing authority, the commissioners of the regional housing authority, and the governing body of each such additional county or counties may by resolution declare that there is a need for the inc…

O.C.G.A. § 8-3-114 Exclusion of counties; procedure; effect

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(a) The area of operation of a regional housing authority which has undertaken the development of one or more housing projects may be decreased from time to time to exclude one or more counties from such area if the governing body of each of the counties in such area and the comm…

O.C.G.A. § 8-3-115 Requirements for declaration of need for exclusion from authority

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The governing body of each of the counties in the area of operation of the regional housing authority and the commissioners of the regional housing authority may adopt a resolution declaring that there is a need for excluding a county or counties from such area only if: (1) Each …

O.C.G.A. § 8-3-116 Detachment of county by its own resolution; effect

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(a) Notwithstanding Code Sections 8-3-114 and 8-3-115, the governing body of any county may by resolution detach the county from the area of operation of its regional housing authority if such housing authority has undertaken no housing projects and, upon the adoption of such res…

O.C.G.A. § 8-3-117 Creation of authority after exclusion or detachment

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(a) At any time after the exclusion or detachment of any county from the area of operation of a regional housing authority, as provided in Code Sections 8-3-114 through 8-3-116, the governing body of any such county may adopt a resolution declaring that there is need for a housin…

O.C.G.A. § 8-3-118 Public hearing prior to adoption of resolution

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The governing body of a county shall not adopt any resolution authorized by Code Sections 8-3-110 through 8-3-117 unless a public hearing has ﬁrst been held in the manner prescribed in Code Section

O.C.G.A. § 8-3-12 Dwelling accommodations for persons of low income; duties with respect to rentals and tenant selection

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(a) In the operation or management of housing projects, an authority shall at all times observe or cause to be observed the following duties with respect to rentals and tenant selection in those dwelling accommodations that are reserved for occupancy by persons of low income: (1)…

O.C.G.A. § 8-3-13 Cooperation and joint operation by authorities

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(a) Any two or more authorities may join or cooperate with one another in the exercise, either jointly or otherwise, of any or all of their powers for the purpose of ﬁnancing (including the issuance of bonds, notes, or other obligations and giving security therefor), planning, un…

O.C.G.A. § 8-3-130 Declaration of necessity

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The preparation for national defense requires a great migration of persons to engage in national defense industries and activities which would be jeopardized unless housing is available for such persons. An acute shortage of housing for such persons exists or impends in localitie…

O.C.G.A. § 8-3-131 Deﬁnitions

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As used in this part, the term: (1) “City” means any city in this state. (2) “Federal government” means the United States government and any department, agency, or instrumentality thereof. (3) “Persons” means an individual and those members of his family living with him. History.…

O.C.G.A. § 8-3-132 Conditions precedent to exercise of powers; scope of rights and powers

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(a) Any housing authority established pursuant to this article may undertake the development or administration, or both, of projects to provide housing for persons engaged or to be engaged in national defense industries or activities if it ﬁnds that an acute shortage of housing f…

O.C.G.A. § 8-3-134 Cooperation with other entities

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A housing authority may exercise any or all of its powers to aid and cooperate with the federal government in making housing available for persons engaged or to be engaged in national defense industries or activities; may act as agent for the federal government in developing and …

O.C.G.A. § 8-3-135 Aid and cooperation by state public bodies in development and administration of projects

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(a) With respect to projects undertaken by a housing authority or the federal government to provide housing for persons engaged or to be engaged in national defense industries or activities, any state public body, as deﬁned in Code Section 8-3-152, shall have all the rights and p…

O.C.G.A. § 8-3-136 Issuance of bonds, notes, and other obligations

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(a) The development of a project shall be deemed to have been initiated under this part if a housing authority has issued any bonds, notes, or other obligations to ﬁnance the cost thereof. (b) Bonds or other obligations issued by a housing authority for a project developed or adm…

O.C.G.A. § 8-3-137 Authorization for projects

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(a) This part shall constitute an independent authorization for a housing authority to undertake the development or administration of projects to provide housing for persons engaged or to be engaged in national defense industries or activities and to cooperate with, or act as age…

O.C.G.A. § 8-3-14 Consolidated housing authorities for two or more municipalities

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(a) As used in this Code section, the term “municipality” means any municipality in this state. (b) If the governing body of each of two or more municipalities by resolution declares that there is a need for one housing authority for all of such municipalities to exercise in such…

O.C.G.A. § 8-3-15 Extraterritorial operation of city housing authorities

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(a) In addition to its other powers, a housing authority created for a city may exercise any or all of its powers within the territorial boundaries of any other municipality not included in the area of operation of such housing authority for the purpose of planning, undertaking, …

O.C.G.A. § 8-3-16 Providing housing in rural areas

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Any housing authority which has rural areas under its jurisdiction may undertake the provision of housing for families of low income in such rural areas and may comply with any conditions not inconsistent with the purposes of this article required by the federal government pursua…

O.C.G.A. § 8-3-17 Dormitories

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(a) The great increase in population in the State of Georgia which has taken place in recent years has created a serious shortage in dormitory housing accommodations at the various units of the University System of Georgia, causing overcrowded and congested conditions which are u…

O.C.G.A. § 8-3-2 Legislative ﬁndings and declaration of necessity

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It is declared that there exist in the state unsanitary and unsafe dwelling accommodations; that persons of low income are forced to reside in such accommodations; that within the state there is a shortage of safe and sanitary dwelling accommodations available at rents which pers…

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 General powers; applicability of laws as to acquisition, operation, or disposition of property by other public bodies

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(a) An authority shall constitute a public body corporate and politic exercising public and essential governmental functions and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article, including the following powers i…

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. § 8-3-32 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 aut…

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 is …

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 Appointment, qualiﬁcations, and tenure of commissioners; reimbursement for expenses

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(a)(1) When the governing body of a city adopts a resolution as provided in Code Section 8-3-5, it shall promptly notify the mayor of such adoption. Upon receiving such notice, the mayor shall appoint ﬁve persons as commissioners of the authority created for such city. In the eve…

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 may be…