Victory! Court Rules in Favor of Georgia Nonprofit’s Challenge Against Calhoun’s Ban on Building Small Homes

CALHOUN, Georgia—Today, Tiny House Hand Up (THHU) won an important legal victory in their challenge to the City of Calhoun’s ban on building homes smaller than 1,150 square feet. THHU is a Calhoun nonprofit that wants to use donated land to fill a niche for smaller, less costly homes. After the Institute for Justice (IJ) argued on their behalf, the judge ruled from the bench, holding that Calhoun cannot apply its ban on smaller homes against THHU. A written order will be coming in the next few weeks.

“This is not just a win for our clients, it’s a win for the people of Calhoun,” said IJ Attorney Joe Gay. “The city spent years telling Tiny House Hand Up that they can’t build modest cottages on their property. We are thrilled to finally have their constitutional rights vindicated in court.”

“Small homes offer flexibility for people who might not be able to afford larger homes or who just prefer to downsize,” said IJ Senior Attorney Dan Alban. “Imposing arbitrary limits on home size makes no sense and violates the Georgia Constitution.”

Affordable housing is one of most pressing economic issues facing Americans today, with soaring prices keeping people from obtaining the American dream of housing independence. Even some people with a steady job but modest income are unable to afford housing in today’s economy. Between 2020 and 2024 the median house price in Georgia rose from $248,900 to $381,100, according to Houzeo.

Calhoun specifically has wrestled with affordable housing. Its poverty rate is more than twice the national average and its rate of homeownership is lower by 36%. Unsurprisingly, almost 20% of homeowners and 40% of renters in Calhoun live in housing that costs more than 30% of household income, a percentage generally considered to be unaffordable.

IJ has successfully challenged arbitrary laws that prohibit people from using their property in ways that people have always used their property: to grow vegetables on their front lawn, to run small home businesses, and to bake and sell food from a home kitchen. Government busybodies increasingly want to dictate not only what you may do on your property, but also what kind of home you are allowed to live in. IJ stands ready to continue to help property owners fight these increasingly intrusive and irrational regulations.

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To arrange interviews on this subject, journalists may contact Phillip Suderman, IJ’s Communications Project Manager, at psuderman@ij.org or (850) 376-4110. More information on the case is available at: https://staging.ij.org/case/georgia-tiny-homes/