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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[4] When HUD did create the “good cause” definition, it
again reassured owners that it was trying to make assisted ten-
ancies “as simple as possible, with minimal demands on the
owner beyond the normal requirements of an unsubsidized
tenancy,” or as similar to the private market as possible. 49
Fed. Reg. at 12,233. It explained that “a comp[re]hensive reg-
ulatory definition of good cause . . . is neither possible nor
desirable.” Id. Thus, it emphasized that its definition consti-
tuted only “examples” of “cases that may be good cause” and
reiterated its position that “[t]he good cause category should
remain open to case by case determination by the courts.” 60
Fed. Reg. at 34,673 (emphasis added) (internal quotation
marks omitted). Nothing in this language indicates that HUD
intended to prevent certain state laws from operating in such
case-by-case determinations in state courts.

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