24 C.F.R. § 891.185
§ 891.185 Preemption of rent control laws. (24 CFR Part 891)
Operative Text
The Department finds that it is necessary and desirable to assist project owners to preserve the continued viability of each project assisted under this part (except subpart E) as a housing resource for very low-income elderly persons or persons with disabilities. The Department also finds that it is necessary to protect the substantial economic interest of the Federal Government in those projects. Therefore, the Department concludes that it is in the national interest to preempt, and it does hereby preempt, the entire field of rent regulation by local rent control boards or other authority acting pursuant to state or local law as it affects those projects. Part 246 of this title applies to projects covered by subpart E of this part.
Under 24 CFR Part 891 § 891.185, federal law displaces the entire field of local and state rent control as it applies to HUD-assisted housing projects covered by Part 891 (excluding Subpart E projects, which follow Part 246 instead). The federal government asserts a national interest in preserving these projects as housing resources for very low-income elderly persons and persons with disabilities, as well as protecting its substantial financial stake in them. Because federal law occupies this regulatory space, local rent control boards and similar authorities have no jurisdiction to set or limit rents at these covered properties.
Plain English — not legal advice.
Operators of HUD-assisted projects subject to 24 CFR Part 891 § 891.185 generally look to federal program requirements—rather than local rent control ordinances—when determining permissible rents. A compliant operator maintains familiarity with HUD's rent-setting and approval processes under Part 891, understanding that local rent boards lack authority over these properties (except Subpart E projects, which fall under Part 246). Keeping documentation of HUD rent approvals and correspondence is a common practice for demonstrating compliance with the applicable federal framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Residents of HUD-assisted properties covered by 24 CFR Part 891 § 891.185 should be aware that local rent control protections generally do not apply to their building—federal rules govern how rents are set and adjusted. If a tenant believes a rent increase or practice violates federal program requirements under Part 891, avenues such as contacting HUD's local field office or a HUD-approved housing counseling agency may be relevant paths to explore. Tenant-rights organizations familiar with federally assisted housing can help residents understand what protections do apply under the federal framework in place of local rent control.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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