Funding for Single-Family Housing; Construction Requirements

  1. Law
  2. Georgia Code
  3. Buildings and Housing
  4. Housing Generally
  5. Office of Housing
  6. Funding for Single-Family Housing; Construction Requirements

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  1. The State Office of Housing shall award state or federal funds to construct single-family affordable housing for individuals and families of low and very low income only to persons whose application indicates that the affordable housing that is the subject of the application and for which a building permit is issued on or after July 1, 2000, will be constructed so that:
    1. At least one entrance door, whether located at the front, side, or back of the building:
      1. Is on an accessible route served by a ramp or no-step entrance; and
      2. Has at least a standard 36 inch door;
    2. On the first floor of the building:
      1. Each interior door is at least a standard 32 inch door, unless the door provides access only to a closet of less than 15 square feet in area;
      2. Each hallway has a width of at least 36 inches and is level, with ramped or beveled changes at each door threshold;
      3. Each bathroom wall is reinforced for potential installation of grab bars;
      4. Each electrical panel or breaker box, light switch, or thermostat is not higher than 48 inches above the floor; and
      5. Each electrical plug or other receptacle is at least 15 inches above the floor; and
    3. The main breaker box is located inside the building on the first floor.
  2. A person who builds single-family affordable housing to which this Code section applies may obtain a waiver from the State Office of Housing of the requirement described in subparagraph (a)(1)(A) of this Code section if the cost of grading and other improvements to the terrain which are required in order to meet the requirement of such subparagraph is unreasonably expensive.

(Code 1981, §8-3-172, enacted by Ga. L. 2000, p. 490, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2000, "single-family" was substituted for "single family" in the introductory language of subsection (a) and in subsection (b).

ARTICLE 4 FAIR HOUSING

Editor's notes.

- Ga. L. 1988, p. 698, effective July 1, 1988, repealed the Code sections formerly codified as this article and enacted the current article. The former article, which dealt with discrimination in sale, lease, or financing of housing, consisted of §§ 8-3-200 through8-3-208 and was based on Ga. L. 1978, p. 1593.

Ga. L. 1990, p. 1284, effective July 1, 1990, repealed the Code sections formerly codified as this article and enacted the current article. The former article, which dealt with fair housing, consisted of Code Sections 8-3-200 through 8-3-215 and was based on Ga. L. 1988, p. 698.

Administrative Rules and Regulations.

- Georgia fair housing law, Official Compilation of the Rules and Regulations of the State of Georgia, Commission on Equal Opportunity, Chapter 186-2.

Law reviews.

- For comment, "‘A Fresh Look': Title VII's New Promise for LGBT Discrimination Protection Post-Hively," see 68 Emory L.J. 1101 (2019).

OPINIONS OF THE ATTORNEY GENERAL

Editor's note.

- In light of the similarity of the statutory provisions, opinions decided under former Ga. L. 1978, p. 1593 are included in the annotations.

Ordinances exceeding scope of article void.

- County and municipal fair housing ordinances, whose scope of coverage exceeds the general state law on the subject of discrimination in housing accommodations, are in conflict with Ga. Const. 1976, Art. I, Sec. II, Para. VII (see now Ga. Const. 1983, Art. III, Sec. VI, Para. IV) and are therefore void. 1980 Op. Att'y Gen. No. 80-150 (decided under former Ga. L. 1978, p. 1593).

RESEARCH REFERENCES

Housing Discrimination Litigation, 28 Am. Jur. Trials 1.

ALR.

- Validity, construction, and application of statutes, or of condominium association's bylaws or regulations, restricting sale, transfer, or lease of condominium units, 17 A.L.R.4th 1247.

State civil rights legislation prohibiting sex discrimination in housing, 81 A.L.R.4th 205.

Evidence of discriminatory effect alone as sufficient to prove, or to establish prima facie case of, violation of Fair Housing Act (42 USCS § 3601 et seq.), 100 A.L.R. Fed. 97.


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