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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In 1981, HUD again proposed that Congress remove the
PHA approval requirement and legislate that state and local
             BARRIENTOS v. 1801-1825 MORTON LLC            14431
law govern assisted tenants’ procedural and substantive rights.
Hearings Before the Subcomm. on Hous. & Cmty. Dev. of the
Comm. on Banking, Fin. & Urban Affairs, 97th Cong. 459
(1981). While the Senate agreed to eliminate the PHA
requirement and make “procedural and substantive rights of
the assisted tenant[s] . . . the same as those applicable to non-
subsidized tenants” in order to “encourage more owners to
participate,” S. Rep. No. 97-139 (1981), reprinted in 1981
U.S.C.C.A.N. 396, 552, the House—apparently unsure that
state and local law would provide sufficient protection—did
not. Congress reached a compromise later that year by elimi-
nating the PHA approval requirement but explicitly amending
the Senate’s version to add that “the owner shall not terminate
the tenancy except for serious or repeated violation of the
terms and conditions of the lease, applicable State, local or
Federal law, or for other good cause.” H.R. Rep. No. 97-208,
at 694-95 (1981) (Conf. Rep.), reprinted in 1981
U.S.C.C.A.N. 1010, 1053 (codified as amended at 42 U.S.C.
§ 1437f(d)(1)(B)(ii)). This new condition barring owners from
evicting a tenant mid-lease or from refusing to renew a lease
without cause became known as the “endless lease” require-
ment.

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