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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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owners challenged the 1990 Amendments to LAR-SO, which set the maximum rent subsequent to an owner’s exit from the federal program at the amount last charged under the federal program, thereby preventing vacancy decontrol and prohibiting owners from raising the rent to market level. 342 F.3d at 1068-69. As here, owners argued that LARSO is conflict-preempted by federal law because it impedes federal objectives by disincentivizing private owner participation in section 8 housing. We found that LARSO was not actually preempted because “[njothing in the HUD regulations purports to limit states from enacting their own rent control laws of general applicability.” Id.