Sea Castle Apartments, Ltd. v. Santa Monica Rent Control Board, 228 Cal. App. 3d 1540 (1991)

Citation: Sea Castle Apartments, Ltd. v. Santa Monica Rent Control Board, 228 Cal. App. 3d 1540 (1991)
Parent Document: Sea Castle Apartments, Ltd. v. Santa Monica Rent Control Board, 228 Cal. App. 3d 1540 (1991)
Jurisdiction: California (state)
Effective Date: 1991-04-03
Original Source: https://www.courtlistener.com/opinion/5807699/sea-castle-apartments-ltd-v-san... ↗

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These regulations provide, inter alia, that HUD will “generally not interfere” with rents set by a local rent control board. (24 C.F.R. § 246.5.) An owner may seek HUD preemption only after “[filing] an application for whatever relief or redetermination is permitted under the [s]tate or local law” (24 C.F.R. § 246.6(a)) and informing HUD of the disposition of that request (24 C.F.R. § 246.9(a)(4)). Preemption will be granted only if it is determined that the rental rates permitted under local law “prevent[] the mortgagor from achieving a level of residential income necessary to maintain and operate adequately the project, which includes sufficient funds to meet the financial obligations under the mortgage.” (24 C.F.R. § 246.5.)3

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