Which type of preemption occurs when certain occupancies are regulated by the state, while others are not?

Which type of preemption occurs when certain occupancies are regulated by the state, while others are not?

• A. Preemption for specific types of occupancy.
• B. Comprehensive preemption.
• C. Sovereign immunity.
• D. Common law.

Answer: (A)

Targeted preemption happens when the state regulates some occupancy categories while allowing others to be governed by local rules. In this pattern, statewide standards apply to specific types of occupancy, but different occupancies remain under local regulation. That creates a mixed regime: certain occupancy regulations are preempted at the state level, while other occupancies are not. This fits the scenario described, where the state regulates certain occupancies but not all. The other options don’t fit as well: comprehensive preemption would push the state to regulate all occupancies with no local room to maneuver; sovereign immunity concerns the state's ability to avoid lawsuits, not how it preempts local rules; common law refers to judge-made rules rather than a targeted preemption of occupancy categories.

Targeted preemption happens when the state regulates some occupancy categories while allowing others to be governed by local rules. In this pattern, statewide standards apply to specific types of occupancy, but different occupancies remain under local regulation. That creates a mixed regime: certain occupancy regulations are preempted at the state level, while other occupancies are not. This fits the scenario described, where the state regulates certain occupancies but not all.

The other options don’t fit as well: comprehensive preemption would push the state to regulate all occupancies with no local room to maneuver; sovereign immunity concerns the state's ability to avoid lawsuits, not how it preempts local rules; common law refers to judge-made rules rather than a targeted preemption of occupancy categories.