The property of an authority is declared to be public property used for essential public and governmental purposes and not for purposes of private or corporate benefit and income. That portion of any housing project subject to a private enterprise agreement contemplated by subparagraph (C) of paragraph (13.1) of Code Section 8-3-3 consisting of the eligible housing units therein that are occupied or reserved for occupancy by persons of low income is declared to be public property used for essential public and governmental purposes and not for purposes of private or corporate benefit or income. Therefore, an authority and its property, as well as only that portion of any housing project subject to a private enterprise agreement contemplated by subparagraph (C) of paragraph (13.1) of Code Section 8-3-3 consisting of the eligible housing units therein that are occupied or reserved for occupancy by persons of low income, shall be exempt from all taxes and special assessments of the city, the county, and the state or any political subdivision thereof, provided that, in lieu of such taxes or special assessments, an authority may agree to make payments to the city or the county or any such political subdivision for improvements, services, and facilities furnished by such city, county, or political subdivision for the benefit of a housing project; but in no event shall such payments exceed the estimated cost to such city, county, or political subdivision of the improvements, services, or facilities to be so furnished.
(Ga. L. 1937, p. 210, § 21; Ga. L. 1996, p. 1417, § 3.)
OPINIONS OF THE ATTORNEY GENERAL
"Property".
- Word "property" includes real and personal property. 1952-53 Op. Att'y Gen. p. 421.
Funds as public funds.
- Funds of a local housing authority held exclusively for a public purpose are public funds within the meaning of former Code 1933, §§ 89-812 and 89-813 (see now O.C.G.A. §§ 45-8-13 and45-8-15). 1957 Op. Att'y Gen. p. 7.
Payment of sums in lieu of taxes not required.
- Language of Ga. L. 1937, p. 210, § 13 (see now O.C.G.A. § 8-3-8) indicates that there is nothing which would compel the housing authority to pay any sums in lieu of taxes. 1963-65 Op. Att'y Gen. p. 76.
Housing authorities are exempt from ad valorem taxation. 1960-61 Op. Att'y Gen. p. 9.
Sales taxes.- 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.
Purchase and pledge of securities for repayment of deposit by state bank.- State bank may purchase obligations of a public housing agency and pledge those obligations as security for the repayment of a deposit of funds made with the bank by the housing agency provided the purchase of such obligations does not exceed 10 percent of the capital and unimpaired surplus of the bank. 1957 Op. Att'y Gen. p. 7.
RESEARCH REFERENCES
C.J.S.
- 84 C.J.S. (Rev), Taxation, § 323 et seq.
ALR.
- Exemption of property or bonds of housing authority from taxation, 133 A.L.R. 365; 152 A.L.R. 239.