[RPPTL LandTen] FEDERAL LEASE

Sat Aug 6 13:07:17 PDT 2011

There is a section in 24 CFR 9** which is specific to HUD “owned property”
otherwise almost all other programs follow this logic:

24 C.F.R. § 247.6   Eviction.
Title 24 - Housing and Urban Development 

 Title 24: Housing and Urban Development
PART <http://law.justia.com/cfr/title24/24-2.1.1.2.23.html>  247—EVICTIONS
FROM CERTAIN SUBSIDIZED AND HUD-OWNED PROJECTS 
Subpart <http://law.justia.com/cfr/title24/24-2.1.1.2.23.1.html>
A—Subsidized Projects

§ 247.6   Eviction.

(a) General. The landlord shall not evict any tenant except by judicial
action pursuant to State or local law and in accordance with the
requirements of this subpart. 

(b) Limitations on allegations of new grounds. In any judicial action
instituted to evict the tenant, the landlord must rely on grounds which were
set forth in the termination notice served on the tenant under this subpart.
The landlord shall not, however, be precluded from relying on grounds about
which he or she had no knowledge at the time the termination notice was
sent.

(c) State and local law. A tenant may rely on State or local law governing
eviction procedures where such law provides the tenant procedural rights
which are in addition to those provided by this subpart, except where such
State or local law has been preempted under part 246 of this chapter or by
other action of the United States. 

[48 FR 22915, May 23, 1983. Redesignated and amended at 49 FR 6713, 6715,
Feb. 23, 1984]

  _____  

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Thursday, August 04, 2011 7:15 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] FEDERAL LEASE

Wow, someone could probably write a law review article on this one!

Did the USA happen to point to any specific authority for their broad claim?
I’ve always been of the understanding that the Feds are only exempt from
State law if they can point to a specific Federal law/rule that either
specifically exempts them or conflicts with the State law (or if the State
law in question specifically exempts the Feds).  For example, someone with a
Florida CCW license can’t carry concealed in the U.S. Post Office because
there are federal laws/rules prohibiting it.  But then the mailman can’t
leave the post office and proceed to break the State of Florida’s traffic
laws by speeding around while delivering your mail because there’s no
exemption for them to do that.  I would challenge them to come up with a
specific exemption – if they really are exempt I would think they could
readily point to it.

But the next problem is that even if the Feds aren’t exempt from the law,
they could still raise the defense of sovereign immunity if you were to
actually try to sue them for the money.   And then even if you could
overcome that, they’re broke! :-)

Greg

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

Be a Star at Florida Realtors Convention & Trade Expo
http://convention.floridarealtors.org August 24-28

cid:image001.jpg at 01C8B0EE.0B556530

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Thursday, August 04, 2011 3:26 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] FEDERAL LEASE

The USA has a lease as a tenant. The term expires. Landlord tries to claim
holdover rent per statute. Lease is silent. USA says state law does not
apply to us.

Anybody have any knowledge on this point?

David  Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

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