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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)

Full Text

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In reaching its conclusion that “HUD never explicitly intended to preempt state and local eviction restrictions,” the district court found that the “central purpose” of the “ ‘good cause’ regulation” was “to mirror the private rental market so as to encourage owner participation.” That conclusion is supported by both the language and the legislative history of the “good cause” regulation. When HUD prompted Congress to eliminate the requirement of PHA approval for eviction in 1978 and 1981, it sought to make assisted tenancies as similar to unassisted tenancies as possible. Similarly, when Congress instituted the “other good cause” requirement in 1981, HUD initially declined to define “good cause,” instead providing that “[application of the statutory standards to particular cases should be determined by the courts, normally in the course of the eviction proceeding brought by the owner.” 47 Fed.Reg. at 33,499.