Renters
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July - December 2008 December 22, 2008 — Oakland declares 120-day delay in utility shut-offs City Attorney John Russo signed a declaration that makes shutting off water or power in foreclosed rental properties a threat to public health. That means under state law utility companies would have to wait 120 days before flipping the switch on renters. "This loss of water and power forces tenants to live in inhumane and unsafe conditions, and especially at this time of the year, represents an immediate and dangerous threat to the health and safety of Oakland," Russo said. More Renters to Get Notice Before Losing Utilities (ABC7 News 12/22/08) December 17, 2008 — City of Los Angeles rent control extended PDF The Los Angeles City Council enacted the Foreclosure Eviction Ordinance extending rent control just eviction protections to all rentals, including single family dwellings. It provides that lenders who foreclose on or after December 17, 2008 on single family homes or new multi-family properties (those with a Certificate of Occupancy after October 1, 1978) cannot evict a tenant merely because they foreclosed on the property. They can only evict a tenant based on the twelve legal reasons permitted under the RSO. December 15, 2008 — Renters of Fannie Mae-owned foreclosed properties to stay in their homes Fannie Mae will allow tenants in Fannie Mae-owned foreclosed properties to stay in their homes if they can make their rental payments. For tenants who would prefer not to enter into a lease, it will continue to offer monetary support for moving to a new residence. Fannie Mae currently has a tenant eviction and foreclosure sale suspension in place through January 9, 2009. The new tenant policy goes into effect before the suspension period ends. The suspension’s goal ensures that no renters are put out of their homes during this period. Fannie has notified its attorney and broker networks to cease all eviction-related communications and proceedings during the suspension period. It estimates that 7,000-10,000 families have been able to stay in their homes as a result of the foreclosure and tenant eviction suspension. More Fannie Mae Lets Renters Stay Despite Foreclosures (N.Y. Times, 12/15/08) November 20, 2008 — Fannie Mae To Suspend Foreclosures Until January 2009 While Streamlined Modification Program is Implemented In order to support the streamlined modification program announced on November 11, 2008, Fannie Mae today issued a notice to its loan servicing organizations and retained foreclosure attorneys directing them to suspend foreclosure sales on occupied single-family properties as well as the completion of evictions from occupied single-family properties scheduled to occur from November 26, 2008 until January 9, 2009. November 20, 2008 — Freddie Mac Suspends All Foreclosure Sales Of Occupied Homes From Day Before Thanksgiving Until January 9, 2009 Freddie Mac announced it has ordered its national network of mortgage servicers and foreclosure attorneys to suspend all foreclosure sales and evictions involving occupied single family and 2-4 unit properties with Freddie Mac-owned mortgages between November 26, 2008 and January 9, 2009. September 25, 2008 — Governor vetoes AB 2586 PDF California: AB 2586 (Torrico) provided protections for tenants in foreclosure situations including notices, security deposits, and utilities. PDF The governor vetoed it saying it fundamentally changes existing provisions in law because it would assign liability to the successor in interest for money never received and for actions not under its control. July 8, 2008 — SB 1137 (Perata) Provisions that affect renters: Sixty days written notice to evict tenants; Required Mailing at Posting Notice of Sale; Legal owner must maintain vacant residential property • Code of Civil Procedure §1161b provides that tenants or subtenants living in rental housing when a property is sold in foreclosure must be given 60 days written notice before they can be evicted. (b) This section shall not apply if any party to the note remains in the property as a tenant, subtenant, or occupant. Applies regardless of when the loan was made. • Civil Code § 2929.3 provides that a legal owner must maintain vacant residential properties purchased at a foreclosure sale or acquired through a foreclosure. A government entity can impose a civil fine up to $1,000 per day for violations. Applies regardless of when the loan was made. • Civil Code § 2924.8 (a) requires that when posting a notice of sale on a property, a trustee or authorized agent must also mail to the “Resident of the Property Subject to Foreclosure Sale” a specified notice in English, Spanish, Vietnamese, Tagalog, Chinese and Korean, stating that the property may be sold at foreclosure and if you are renting the property, the new owner may give a new lease or rental agreement or provide you with a 60-day eviction notice. • Civil Code § 2924.8(d) specifies that § 2924.8(a) only applies to loans secured by residential real property, and when the billing address for the mortgage note is different than the property address. Applies only to loans made from January 1, 2003 to December 31, 2007 Resources California Unlawful Detainer Defense Training 2008 - Practicing Law Institute On November 26, 2008, PLI sponsored a 3 hour program on defending tenants who are being evicted from foreclosed property:       • Unlawful Detainer Practice Basics [01:08:11]       • Foreclosures and Unfair Detainer Defense - Key Issues [01:01:35]       • Illegal Lock-Outs and Foreclosure [01:00] You must be a PLI member before viewing free programs. Hit Member Login and create an online account.  Then enter program title and you’re good to go. Helping Low-Income Tenants Avoid Post-Foreclosure Evictions On October 2, 2008, the Editorial Team of Clearinghouse Review: Journal of Poverty Law and Policy sponsored a webinar on how to help renters living in properties subject to foreclosure. Judith Liben, Massachusetts Law Reform Institute, talks about strategies that legal services programs are pursuing in Massachusetts, Maeve Elise Brown, Housing and Economic Rights Advocates, gives a broad overview of strategies in California and Esme Caramello, Harvard Law School's WilmerHale Legal Services Center discusses § 8 tenant practice in Massachusetts. Listen to the three presentations; download the Power Points and supplemental materials here. WCLP Foreclosure-Based Eviction Packet for Advocates (February 2008) Western Center on Law & Poverty discusses defenses for tenants living in foreclosed properties at www.wclp.org/taskforce/fem.pdf. For sample supporting points and authorities, go to www.wclp.org/taskforce/fepaa.doc. These documents are intended for LSC- and IOLTA-funded and nonprofit housing organizations only.