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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Barrientos v. 1801-1825 MORTON LLC, 583 F.3d 1197 (2009)

Citation
Barrientos v. 1801-1825 MORTON LLC, 583 F.3d 1197 (2009)
Parent Document
Barrientos v. 1801-1825 MORTON LLC, 583 F.3d 1197 (2009)
Effective Date
2009-10-09

Other Sections in This Document (181)

Full Text

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Stabilization Ordinance (“LARSO”), Los Angeles Municipal Code §§ 151. 01 et seq., served notices of eviction upon tenants whose rent is subsidized by the federal government, because it desired to raise the rent on the apartment units. Though LARSO prohibits eviction for that purpose, Morton asserts that a U.S. Department of Housing and Urban Development (“HUD”) regulation permits the eviction of an assisted tenant during the lease term for “good cause” grounds, which “may include [the] desire to lease the unit at a higher rental.” 24 C.F.R. § 982.310(d)(l)(iv). We must decide whether HUD’s “good cause” regulation preempts the operation of the City of Los Angeles’s eviction control ordinance. We hold that it does not. We affirm the district court’s grant of summary judgment in favor of the tenants, permanent injunctive relief, and award of attorney’s fees. I. FACTUAL AND PROCEDURAL BACKGROUND A. The Federal Assisted Housing Program