2020 Georgia Code
Title 16 - Crimes and Offenses
Chapter 9 - Forgery and Fraudulent Practices
Article 4 - Fraud and Related Offenses
§ 16-9-55. Fraudulently Obtaining or Attempting to Obtain Public Housing or Reduction in Public Housing Rent
- Any person who obtains or attempts to obtain or who establishes or attempts to establish eligibility for, and any person who knowingly or intentionally aids or abets such person in obtaining or attempting to obtain or in establishing or attempting to establish eligibility for, any public housing or a reduction in public housing rental charges or any rent subsidy or payment from a tenant in connection with public housing to which such person would not otherwise be entitled, by means of a false statement, failure to disclose information, impersonation, or other fraudulent scheme or device shall be guilty of a misdemeanor.
- As used in this Code section, "public housing" means housing which is constructed, operated, maintained, financed, or subsidized by the state, a county, a municipal corporation, the Georgia Housing and Finance Authority, a housing authority, or by any other political subdivision or public corporation of the state or its subdivisions.
- Notice of subsection (a) of this Code section shall be printed on the application form for public housing and shall be displayed in the office where such application is made.
(Code 1933, § 26-1710, enacted by Ga. L. 1977, p. 1332, §§ 1, 2; Code 1933, § 26-1710.1, as redesignated by Ga. L. 1980, p. 405, § 2; Ga. L. 1989, p. 1242, § 1; Ga. L. 1991, p. 1653, § 2-3.)
Cross references.- Qualifications for tenants of public housing accommodations, § 8-3-12.
Law reviews.- For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. 8 (2001).
JUDICIAL DECISIONS
Subsidized private housing.
- Private housing for which defendants received subsidies from the county housing authority constituted "public housing" for the purposes of O.C.G.A. § 16-9-55. Robertson v. State, 210 Ga. App. 834, 437 S.E.2d 816 (1993).
Charging violation.
- Variances were not fatal between accusations charging the defendants with fraudulently obtaining public housing and the evidence which showed that the defendants were entitled to some public housing benefits but not as great a benefit as the defendants actually received. Robertson v. State, 210 Ga. App. 834, 437 S.E.2d 816 (1993).
RESEARCH REFERENCES
Am. Jur. 2d.
- 32 Am. Jur. 2d, False Pretenses, §§ 10, 25.
C.J.S.- 35 C.J.S., False Pretenses, §§ 13, 38.
ALR.- When statute of limitations begins to run against criminal prosecution for embezzlement, fraud, false pretenses, or similar crimes, 77 A.L.R.3d 689.
