Dwelling Accommodations for Persons of Low Income; Duties With Respect to Rentals and Tenant Selection

  1. Law
  2. Georgia Code
  3. Buildings and Housing
  4. Housing Generally
  5. Housing Authorities
  6. General Provisions
  7. Dwelling Accommodations for Persons of Low Income; Duties With Respect to Rentals and Tenant Selection

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  1. 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. It may rent or lease such dwelling accommodations only to persons of low income;
    2. It may rent or lease such dwelling accommodations only at rentals within the financial reach of such persons of low income;
    3. It may rent or lease such dwelling accommodations consisting of the number of rooms (but no greater number) which it deems necessary to provide safe and sanitary accommodations to the proposed low-income occupants thereof without overcrowding;
    4. It shall not accept any person as a tenant in such dwelling accommodations if the person or persons who would occupy the dwelling accommodations have, at the time of admission, an aggregate annual net income, less an exemption of $100.00 for each minor member of the family other than the head of the family and his or her spouse, in excess of five times the annual rental of the dwelling accommodation to be furnished such person or persons. In computing the rental for this purpose of selecting tenants, there shall be included in the rental the average annual cost to the occupants, as determined by the authority, of heat, water, electricity, gas, cooking range, and other necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental; and
    5. It shall prohibit subletting by low-income tenants.
  2. Nothing contained in this Code section or Code Section 8-3-11 shall be construed as limiting the power of an authority to vest in an obligee the right, in the event of a default by the authority or by any for profit entity in which the authority participates, directly or indirectly, through a private enterprise agreement, to take possession of a housing project or cause the appointment of a receiver thereof or acquire title thereto through foreclosure proceedings, free from all the restrictions imposed by this Code section or Code Section 8-3-11, provided that an authority may agree to conditions as to tenant eligibility or preference required by the federal government pursuant to federal law in any contract for financial assistance with the authority.

(Ga. L. 1937, p. 210, § 10; Ga. L. 1939, p. 112, § 4; Ga. L. 1951, p. 219, § 5; Ga. L. 1996, p. 1417, § 5.)

Cross references.

- Criminal penalty for fraudulently obtaining or attempting to obtain public housing or reduction in public housing rent, § 16-9-55.

JUDICIAL DECISIONS

Cited in Culbreth v. Southwest Ga. Regional Hous. Auth., 199 Ga. 183, 33 S.E.2d 684 (1945); Telford v. City of Gainesville, 208 Ga. 56, 65 S.E.2d 246 (1951); West v. Housing Auth., 211 Ga. 133, 84 S.E.2d 30 (1954).

RESEARCH REFERENCES

Am. Jur. 2d.

- 40A Am. Jur. 2d, Housing Laws and Urban Redevelopment, § 29 et seq.


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