Nordbye v. BRCP/GM ELLINGTON

Plaintiff, a former tenant of a residential rental property that was financed, at least in part, through the federal Low-Income Housing Tax Credit (LIHTC) program, appeals. 1 Plaintiff challenges (1) the trial court’s allowance of summary judgment, on grounds of “Chevron deference,” 2 against her claims for injunctive and declaratory relief pertaining to the enforceability of certain “use restrictions” related to the LIHTC program; and (2) the court’s denial of her cross-motion for summary judgment. As described below, we conclude that Chevron deference is inapposite. We further conclude…