Phillip Suderman · August 6, 2025

CALHOUN, Georgia—Tomorrow, Tiny House Hand Up (THHU), a Calhoun nonprofit that wants to use donated land to fill a niche for smaller, less costly homes, will have oral argument before the Superior Court of Gordon County. The argument will center around THHU’s challenge against the city of Calhoun’s arbitrary ban on homes smaller than 1,150 square feet. The Institute for Justice (IJ), a non-profit public interest law firm, will be representing the group.  

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 those with a steady job but modest income sometimes are unable to afford housing in today’s economy. Between 2020 and 2024 the media house price in Georgia rose from $248,900 to $381,100 according to Houzeo.  

THHU wants to help solve that problem by building smaller homes to help hardworking residents of Calhoun and surrounding Gordon County achieve their dreams of homeownership. But the city of Calhoun has banned THHU from moving forward with its plan because the homes aren’t as large as the city demands. 

There is no reason to ban smaller homes. These homes would still comply with building codes and would have to pass inspections before occupancy. The only difference is these homes would be smaller and thus more affordable.  

“There is no dispute about their safety or the ability of these homes to comply with all building codes,” said IJ Attorney Joe Gay. “Instead, this is an arbitrary limit on home size, which violates the Georgia Constitution.” 

“People have been living in smaller homes since the founding of this nation,” said IJ Senior Attorney Dan Alban. “From downsizing, affordability, or simply just wanting to simplify their life, people deserve to choose to live in a smaller home.” 

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 [email protected] or (850) 376-4110. More information on the case is available at: https://ij.org/case/georgia-tiny-homes/  

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