Md. Code Regs. 05.10.02.01

Current through Register Vol. 51, No. 24, December 2, 2024

Section 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.