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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[3] In reaching its conclusion that “HUD never explicitly
intended to preempt state and local eviction restrictions,” the
district court found that the “central purpose” of the “ ‘good
cause’ regulation” was “to mirror the private rental market so
as to encourage owner participation.” That conclusion is sup-
ported by both the language and the legislative history of the
“good cause” regulation. When HUD prompted Congress to
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eliminate the requirement of PHA approval for eviction in
1978 and 1981, it sought to make assisted tenancies as similar
to unassisted tenancies as possible. Similarly, when Congress
instituted the “other good cause” requirement in 1981, HUD
initially declined to define “good cause,” instead providing
that “[a]pplication of the statutory standards to particular
cases should be determined by the courts, normally in the
course of the eviction proceeding brought by the owner.” 47
Fed. Reg. at 33,499.

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