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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[12] Our independent analysis of the statutory language and
legislative history, the persuasive reasoning of prior LARSO
decisions by us and the Federal Circuit, the litigation position
of the United States, and HUD’s most recent publication lead
us to conclude that the HUD regulation and LARSO do not
actually conflict. LARSO does not impede the federal objec-
tive of providing affordable housing to low-income families.
               BARRIENTOS v. 1801-1825 MORTON LLC                    14451
LARSO, therefore, is not preempted by 24 C.F.R.
§ 982.310(d)(1)(iv) to the extent the HUD regulation permits
eviction in order to obtain a higher rental, in the absence of
contrary state or local law.8 B.    Injunction Issued by the District Court

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