Barrientos v. 1801-1825 Morton LLC (2009)

Citation: Barrientos v. 1801-1825 Morton LLC (2009)
Parent Document: Barrientos v. 1801-1825 Morton LLC (2009)
Jurisdiction: United States (federal)
Effective Date: 2009-10-09
Original Source: https://www.courtlistener.com/opinion/3065171/barrientos-v-1801-1825-morton-llc/ ↗

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1801-1825 Morton LLC (“Morton”), a landlord subject to
the Los Angeles Rent Stabilization Ordinance (“LARSO”),
Los Angeles Municipal Code §§ 151.01 et seq., served notices
of eviction upon tenants whose rent is subsidized by the fed-
eral 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)(1)(iv). We
must decide whether HUD’s “good cause” regulation pre-
empts the operation of the City of Los Angeles’s eviction con-
trol 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.
14428       BARRIENTOS v. 1801-1825 MORTON LLC
 I.   FACTUAL AND PROCEDURAL BACKGROUND A.    The Federal Assisted Housing Program

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