05.10.02.01 - Federal Preemption

05.10.02.01. Federal Preemption

A. These regulations and the Act shall be read in conjunction with the federal Low Income Housing Preservation and Resident Homeownership Act of 1990, 12 U.S.C. §§ 4101 - 4125 ("LIHPRHA"). To the extent that § 232(a)(1) of LIHPRHA, 12 U.S.C. § 4122(a)(1), expressly preempts certain portions of the Act, actions subject to LIHPRHA are exempt from the Act.

B. If a protected action is subject to LIHPRHA and, as required by § 232(a)(1) of LIHPRHA, 12 U.S.C. § 4122(a)(1), is exempt from the Act, the owner shall give written notice to the Secretary of the steps the owner has taken to comply with LIHPRHA.

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