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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 151

Citation
§ 151
Parent Document
Barrientos v. 1801-1825 MORTON LLC, 583 F.3d 1197 (2009)
Effective Date
2009-10-09

Other Sections in This Document (181)

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The district court held that LARSO actually conflicts with HUD’s “good cause” regulation because “it takes away a right specifically granted by the HUD regulation.” It granted summary judgment to Tenants, however, because it concluded that HUD’s definition of “good cause”— insofar as it includes the desire to raise the rent — was “unreasonable” and “manifestly contrary” to the statute, and therefore exceeded HUD’s authority. We do not agree that LARSO and the HUD regulation actually conflict. The HUD regulation does not create a “right” to evict tenants to raise the rent that LARSO takes away. The HUD regulation merely creates a floor of protection, which local laws may enhance. Thus, although we disagree with the district court’s preemption analysis, we do agree that LARSO controls Morton’s *1208