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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HUD preemption and Rent Control Law are thus based on wholly separate economic concerns. HUD requires a local determination of maximum allowable rents as a prerequisite to HUD preemption; but only because of its general policy to “not interfere in the regulation of rents by a [local] rent control board.” (24 C.F.R. § 246.5.) HUD will not exercise its preemption power unless it perceives a need to protect itself not the owner of the mortgaged property, Because no aspect of HUD preemption acts to review, reverse, or permanently nullify the decision of a local rent control board, the HUD preemption rate is eliminated as a factor in the determination of rents once the basis of federal preemption has ceased to exist.

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