24 C.F.R. § 246.5

Rental charges

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The Department will generally not interfere in the regulation of rents by a rent control board or agency constituted under State or local laws (hereinafter referred to as board) for unsubsidized projects with mortgages insured or held by HUD. However, HUD will preempt the regulation of rents, together with any board regulations which require the mortgagor to offer a lease for a term in excess of one year, under certain conditions. This preemption may occur for such a project when the Department determines that the delay or decision of a board prevents 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.”

Notes of Decisions

Cited in 3 cases, 1986–1995 · leading case: Rent Control Bd. v. 375 Assocs. Ltd. P'ship, 488 N.E.2d 754 (Mass. 1986).

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Rent Control Bd. v. 375 Assocs. Ltd. P'ship, 488 N.E.2d 754 (Mass. 1986). · cites it 2× “” 24 C.F.R. § 246.5 (1985) [Subpart B], To seek preemption under 24 C.”

Sea Castle Apts., Ltd. v. Santa Monica Rent Control Bd., 91 Cal. Daily Op. Serv. 2490 (Cal. Ct. App. 1991). · cites it 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…”

Second 82nd Corp. v. Vrionis, 164 Misc. 2d 344 (N.Y. App. Term. 1995). “) As is reflected by HUD’s own expressed general policy to "not interfere in the regulation of rents by a [local] rent control board” (24 CFR 246.5), the primary objective of the National Housing Act "was not to bestow upon tenants the benefit of a system of low-rent control;…”

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