2021 Georgia Code
Title 8 - Buildings and Housing
Chapter 3 - Housing Generally
Article 1 - Housing Authorities

- Cooperation by cities, counties, and other governmental entities in aid of construction, operation, and other tasks of housing projects undertaken by municipal, county, and other governmental entities housing authorities, § 8-3-150 et seq.

- 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 Sections8-3-4,8-3-6,8-3-30,8-3-32,8-3-33,8-3-50,8-3-51,8-3-70,8-3-71,8-3-73,8-3-74,8-3-77,8-3-79,8-3-81,8-3-100,8-3-104,8-3-105,8-3-106,8-3-107,8-3-108,8-3-109,8-3-134,8-3-136, and8-3-137. 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).

- 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).

As to constitutionality, 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).

Purpose of GA. L. 1937, p. 210 (see now O.C.G.A. § 8-3-1 et seq.) is to ratify and place a stamp of approval upon the past acts of the various housing authorities. The law 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).

- In proceedings under statute authority whereby a person may be deprived of that person's property, the statute must be strictly pursued. Compliance with all the statute's 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 the housing authorities. 1952-53 Op. Att'y Gen. p. 476.

RESEARCH REFERENCES

Am. Jur. 2d.

- 40A Am. Jur. 2d, Housing Laws and Urban Redevelopment, § 9 et seq.

- Constitutionality and construction of Emergency Price Control Act as relating to rent, 155 A.L.R. 1461; 156 A.L.R. 1459; 157 A.L.R. 1457; 158 A.L.R. 1464.