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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The district court held that LARSO actually conflicts with
HUD’s “good cause” regulation because “it takes away a right
specifically granted by the HUD regulation.” It granted sum-
mary judgment to Tenants, however, because it concluded
that HUD’s definition of “good cause”—insofar as it includes
the desire to raise the rent—was “unreasonable” and “mani-
festly contrary” to the statute, and therefore exceeded HUD’s
authority. We do not agree that LARSO and the HUD regula-
tion actually conflict. The HUD regulation does not create a
“right” to evict tenants to raise the rent that LARSO takes
away. The HUD regulation merely creates a floor of protec-
tion, which local laws may enhance. Thus, although we dis-
agree with the district court’s preemption analysis, we do
agree that LARSO controls Morton’s ability to evict Tenants
when Morton desires to raise the rent.

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