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/ ↗

Full Text

1,064 chars

Moreover, a recently published HUD guidance document,
Notice PIH 2009-18 (HA), State and Local Law Applicability
to Lease Terminations in the Housing Choice Voucher (HCV)
Program, § 3 (June 22, 2009), mirrors the litigation position
expressed in the amicus brief of the United States. It states
that “while good cause ‘may include’ a business or economic
reason (e.g., [when] there is no State or local law prohibiting
termination of tenancy for such cause), in other circumstances
it may not include a business or economic reason.” Id. “If a
State or local law prohibits the termination o[f] tenancy for a
business or economic reason such as a desire to lease the unit
at a higher rental, the[n] that specific ground[ ] for termina-
tion of the tenancy does not constitute ‘other good cause’
under 24 CFR [§ ] 982.310(d) in that particular instance.” Id.
In conclusion, HUD dictates that “nothing in 24 CFR [§ ]
982.310(d)(1) pre-empts any applicable State or local laws
that restrict or prohibit the termination of tenancy. This
applies to all HCV vouchers.” Id.

Other Sections in This Document (60)

Full Text