# 24 C.F.R. § 248.183 (2026): Preemption of State and local laws

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T24_P248_S248_183

## Section

- **Citation:** 24 C.F.R. § 248.183 (2026)
- **Heading:** Preemption of State and local laws
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 24 CFR: Housing and Urban Development / Chapter II: OFFICE OF ASSISTANT SECRETARY FOR HOUSING—FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT / Part 248: PREPAYMENT OF LOW INCOME HOUSING MORTGAGES / Subpart B: Prepayments and Plans of Action Under the Low Income Housing Preservation and Resident Homeownership Act of 1990 / § 248.183: § 248.183   Preemption of State and local laws.

## Text

(a)
In general.
No State or political subdivision of a State may establish, continue in effect, or enforce any law or regulation that:
(1) Restricts or inhibits the prepayment of any mortgage described in § 248.101 or the voluntary termination of any insurance contract pursuant to § 207.253 of this chapter on eligible low income housing projects;
(2) Restricts or inhibits an owner of such projects from receiving the authorized annual return provided under § 248.121;
(3) Is inconsistent with any provision of subpart B of this part, including any law, regulation, or other restriction that limits or impairs the ability of any owner of eligible low income housing to receive incentives authorized under subpart B of this part, including authorization to increase rental rates, transfer the project, obtain secondary financing, or use the proceeds of any such incentives; or
(4) In its applicability to low income housing is limited only to eligible low income housing for which the owner has prepaid the mortgage or terminated the insurance contract.
(b)
Effect.
Any law, regulation or restriction described in paragraph (a) of this section shall be ineffective and any eligible low income housing exempt from the law, regulation, or restriction, only to the extent that it violates the provisions of this section.
(c)
Laws of general applicability: contractual restrictions.
This section shall not prevent the establishment, continuing in effect, or enforcement of any law or regulation of any State or political subdivision of a State not inconsistent with the provision of this subpart, such as any law or regulation relating to building standards, zoning limitations, health, safety, or habitability standards for housing, rent control, or conversion of rental housing to condominium or cooperative ownership, to the extent such law or regulation is of general applicability to both projects receiving Federal assistance and nonassisted projects
tent with the provision of this subpart, such as any law or regulation relating to building standards, zoning limitations, health, safety, or habitability standards for housing, rent control, or conversion of rental housing to condominium or cooperative ownership, to the extent such law or regulation is of general applicability to both projects receiving Federal assistance and nonassisted projects. This section shall not preempt, annul or alter any contractual restrictions or obligations existing before November 28, 1990 or voluntarily entered into by an owner of eligible low income housing on or after that date, and that limit or prevent that owner from prepaying the mortgage on the project or terminating the mortgage insurance contract.
[57 FR 12041, Apr. 8, 1992, as amended at 57 FR 57314, Dec. 3, 1992]

## Nearby sections

- [24 C.F.R. § 248.101 (2026) § 248.101   Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P248_S248_101.md)
- [24 C.F.R. § 248.103 (2026) § 248.103   General prepayment limitation.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P248_S248_103.md)
- [24 C.F.R. § 248.105 (2026) § 248.105   Notice of intent.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P248_S248_105.md)
- [24 C.F.R. § 248.111 (2026) § 248.111   Appraisal and preservation value of eligible low income housing.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P248_S248_111.md)
- [24 C.F.R. § 248.121 (2026) § 248.121   Annual authorized return and aggregate preservation rents.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P248_S248_121.md)
- [24 C.F.R. § 248.123 (2026) § 248.123   Determination of Federal cost limit.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P248_S248_123.md)
- [24 C.F.R. § 248.127 (2026) § 248.127   Limitations on action pursuant to Federal cost limit.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P248_S248_127.md)
- [24 C.F.R. § 248.131 (2026) § 248.131   Information from the Commissioner.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P248_S248_131.md)
- [24 C.F.R. § 248.133 (2026) § 248.133   Second notice of intent.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P248_S248_133.md)
- [24 C.F.R. § 248.135 (2026) § 248.135   Plans of action.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P248_S248_135.md)
- [24 C.F.R. § 248.141 (2026) § 248.141   Criteria for approval of a plan of action involving prepayment and voluntary termination.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P248_S248_141.md)
- [24 C.F.R. § 248.145 (2026) § 248.145   Criteria for approval of a plan of action involving incentives.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P248_S248_145.md)
- [24 C.F.R. § 248.147 (2026) § 248.147   Housing standards.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P248_S248_147.md)
- [24 C.F.R. § 248.149 (2026) § 248.149   Timetable for approval of a plan of action.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P248_S248_149.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T24_P248_S248_183. Check the current official text before relying on it. Not legal advice.
