Johnson v. United States Department of Housing and Urban Development (Hud), 911 F.2d 1302 (1990)

Citation: Johnson v. United States Department of Housing and Urban Development (Hud), 911 F.2d 1302 (1990)
Parent Document: Johnson v. United States Department of Housing and Urban Development (Hud), 911 F.2d 1302 (1990)
Jurisdiction: United States (federal)
Effective Date: 1990-10-29
Original Source: https://www.courtlistener.com/opinion/546951/johnson-v-united-states-departme... ↗

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The Hillvale Apartment complex was financed under Section 221(d)(3) of the National Housing Act, 12 U.S.C. Sec. 1715l (d)(3). Pursuant to 12 U.S.C. Sec. 1715l(b) and (d)(5), the United States agreed to insure the mortgage on the property against default and to subsidize below-market interest rates in exchange for Hillvale's promise to abide by low income affordability restrictions set forth in a "regulatory agreement." See 12 U.S.C. Sec. 1715l (d)(3). The regulatory agreement governs such aspects of the landlord tenant relationship as the amount of rent a landlord can charge, 24 C.F.R. Sec. 221.530(a)(1)-(2) (1988), rent increases, 24 C.F.R. Sec. 245, subpart D (1988), and eviction procedures, 24 C.F.R. Sec. 247, subpart A (1988). The regulatory agreement remains in effect as long as HUD is the insurer, holder, or reinsurer of the mortgage, and automatically expires when the term of the mortgage expires. 24 C.F.R. Sec. 221.529 (1988).

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