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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As evidenced by the congressional statement of purpose,
Congress and HUD have been perennially concerned about
making assisted housing available and affordable, and a key
means to that end is the creation of incentives for private
owners to participate in the section 8 program. In legislation
enacted in 1974, Congress protected tenants from arbitrary
eviction by giving the local PHA the “sole right to give notice
to vacate” and to evict the tenant. Housing and Community
Development Act of 1974, Pub. L. No. 93-383, § 201(a), 88
Stat. 633, 664 (1974); see also Swann v. Gastonia Hous.
Auth., 675 F.2d 1342, 1345 n.2 (4th Cir. 1982). In response
to owner complaints about this additional burden, HUD pro-
posed in 1978 that Congress harmonize the private and
assisted markets by eliminating PHA approval where “State
or local law governing evictions affords adequate tenant pro-
tection.” Hearings Before the Subcomm. on Hous. & Cmty.
Dev. of the Comm. on Banking, Fin. & Urban Affairs, 95th
Cong. 66-67 (1978) (statement of Patricia Harris, HUD
Sec’y). Congress refused, noting that “adoption of the pro-
posal would leave section 8 tenants to rely on state and
municipal laws for protection, and the committee does not
feel that HUD has provided ample information on the extent
to which this protection would be sufficient.” S. Rep. No. 95-
871, at 15 (1978), reprinted in 1978 U.S.C.C.A.N. 4773,
4788. To ameliorate the burden on owners within the bounds
of existing law, HUD issued a proposed regulation that
required PHA to proceed with issuance of the eviction notice
in accordance with State and local law as long as grounds to
do so existed. 45 Fed. Reg. 72,697, 72,697-99 (Nov. 30,
1980).

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