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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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Our independent analysis of the statutory language and legislative history, the persuasive reasoning of prior LARSO decisions by us and the Federal Circuit, the litigation position of the United States, and HUD’s most recent publication lead us to conclude that the HUD regulation and LARSO do not actually conflict. LARSO does not impede the federal objective of providing affordable housing to low-income families. LARSO, therefore, is not preempted by 24 C.F.R. § 982.310(d)(l)(iv) to the extent the HUD regulation permits eviction in order to obtain a higher rental, in the absence of contrary state or local law. 8 B. Injunction Issued by the District Court