Definitions

  1. Law
  2. Georgia Code
  3. Buildings and Housing
  4. Housing Generally
  5. Housing Authorities
  6. General Provisions
  7. 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 the area within ten miles of the territorial boundaries thereof but does not mean any area which lies within the territorial boundaries of any other city unless a resolution shall have been adopted by the governing body of such other city declaring that there is a need for the city housing authority to exercise its powers within the territorial boundaries of said other city. No city, county, regional, or consolidated authority shall operate in any area in which an authority already established is operating without the consent by resolution of the authority already operating therein.
  2. "Authority" or "housing authority" means any of the public corporations created by or pursuant to this article or any amendments thereto.
  3. "Bonds" means any bonds, notes, interim certificates, debentures, or other obligations issued by an authority pursuant to this article.
  4. "City" means any city in the state. "The city" means the particular city for which a particular housing authority is created.
  5. "Clerk" means the clerk of the city or the clerk of the county, as the case may be, or the officer charged with the duties customarily imposed on such clerk.
  6. "County" means any county in the state. "The county" means the particular county for which a particular housing authority is created.
  7. "Dormitory housing project" means the construction, acquisition, remodeling, or improving of, or the adding to, any facility for use in connection with the housing of students at any member institution of the University System of Georgia.
  8. "Federal government" means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.
  9. "Governing body" means, in the case of a city, the council, commission, board of aldermen, or other legislative body of the city, and, in the case of a county, the judge of the probate court, the county commissioners, or other legislative body of the county.
  10. "Housing project" means:
    1. Any work or undertaking:
      1. To demolish, clear, or remove buildings from any slum area, including the adaptation of such area to public purposes such as parks or other recreational or community purposes;
      2. To provide decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of low income, including the providing of buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, or gardening or for administrative, community, health, recreational, educational, welfare, or other purposes; provided, however, that a project which is or is expected to be subject to a private enterprise agreement shall qualify as a "housing project" within the meaning of this article if at least 20 percent of the project is occupied by persons of low income; or
      3. To accomplish a combination of the foregoing; and
    2. The planning of the buildings and improvements; the acquisition of property; the demolition of existing structures; the construction, reconstruction, alteration, and repair of the improvements; and all other work in connection therewith.
  11. "Mayor" means the mayor of the city or the officer thereof charged with the duties customarily imposed on the mayor.
  12. "Obligee of the authority" or "obligee" means any bondholder, or the trustee or trustees for any bondholders; any lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessor's interest or any part thereof; and the federal government when it is a party to any contract with the authority.
  13. "Persons of low income" means persons or families who lack the income necessary (as determined by the authority undertaking the housing project) to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings without overcrowding.

    (13.1) "Private enterprise agreement" means a contract between a housing authority and a person or entity operating for profit for:

    1. The management of a housing project;
    2. The development of and the provision of credit enhancement with respect to a housing project;
    3. The ownership or operation of a housing project by the for profit entity in which the housing authority participates, either directly or indirectly through a wholly owned subsidiary, for purposes of facilitating the development, provision of credit enhancement, operation, or management of such housing project in accordance with this article. Such participation may involve ownership by the housing authority of an interest in the housing project through the for profit entity, ownership by the housing authority of the land on which the housing project is developed, or provision by the housing authority of a combination of funds to the for profit entity for a portion of the construction costs of the housing project and funds to the for profit entity to subsidize the operating costs of units for persons of low income to the extent such contract is designated as a private enterprise agreement by the housing authority; or
    4. Any combination of any of the foregoing.
  14. "Real property" means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest, and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage, or otherwise, and the indebtedness secured by such liens.
  15. "Slum" means any area comprised predominantly of dwellings which are detrimental to safety, health, and morals by reason of dilapidation; overcrowding; faulty arrangement or design; lack of ventilation, light, or sanitary facilities; or any combination of these factors.

(Ga. L. 1937, p. 210, § 3; Ga. L. 1939, p. 112, § 1; Ga. L. 1943, p. 146, §§ 1-4; Ga. L. 1951, p. 219, § 1; Ga. L. 1959, p. 65, § 2; Ga. L. 1987, p. 283, §§ 1, 2; Ga. L. 1996, p. 1417, § 2; Ga. L. 2007, p. 203, § 1/HB 30.)

OPINIONS OF THE ATTORNEY GENERAL

Geographic jurisdiction of a city housing authority established under the Housing Authority Law is governed primarily by the definition of "area of operation" in O.C.G.A. § 8-3-3(1). 1997 Op. Att'y Gen. No. U97-22.

Concurrent jurisdiction of housing authorities in overlapping areas.

- City wherein a city housing authority has been activated and a county housing authority or a regional housing authority operating within the county, in which such city is located, would have concurrent jurisdiction in that ten-mile area. 1950-51 Op. Att'y Gen. p. 95.

Approvals by authority exercising concurrent jurisdiction not required.

- Housing authority undertaking a housing project within a ten-mile area need not obtain any approvals therefor from the other authority operating therein. 1950-51 Op. Att'y Gen. p. 95.


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