Renters
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June-July 2009 Protecting Tenants at Foreclosure Act of 2009 Protecting Tenants at Foreclosure Act of 2009 [Title VII of the Helping Families Save Their Homes Act of 2009 (Pub. L. 111–22)] provides that in any foreclosure on a federally related mortgage loan or on any dwelling or residential real property, the party taking title to property pursuant to the foreclosure assumes the property subject to the rights of any bona fide tenant. Thus, most tenants have the right to stay in their homes after foreclosure for 90 days or through their lease term. The Act also provides similar protections to Housing Choice Voucher holders. These provisions are effective May 20, 2009 through December 31, 2012. The law requires that new owners acquiring property through foreclosure honor existing leases. Tenants with term leases and more than 90 days remaining on their leases may not be evicted until the lease ends and they have been given a 90-day notice. The exception is that a new owner who seeks to occupy the unit as a primary residence may terminate the lease with at least 90 days notice. In leases with less than 90 days remaining in the term, month-to-month leases, and leases terminable at will, a minimum of a 90-day notice is required. Section 8 voucher tenants have additional protections: the owner who is an immediate successor in interest at foreclosure takes subject to the Section 8 voucher lease and the Section 8 Housing Assistance Payments (HAP) contract. In California per Code of Civil Procedure §1161b, (see Foreclosure Watch - Renters July – December 2008) most tenants are entitled to 60-days notice of eviction after foreclosure. The new federal law increases this to 90 days. The law does not preempt other federal, state and local tenant protections. Local laws in California cities prohibiting foreclosure evictions remain in force. Full text of the Helping Families Save Their Homes Act of 2009 including Title VII, Protecting Tenants at Foreclosure Act of 2009 is here. Renters in Foreclosure Toolkit – Download this Toolkit NOW! The provisions of Protecting Tenants at Foreclosure Act of 2009 went into effect immediately and are self-executing, so no federal agency (such as HUD) is responsible for making them work. It is up to tenants and advocates to make sure that tenants, landlords, public housing authorities, courts, the legal community, and others involved in the foreclosure process are aware of these new tenant rights. The National Low Income Housing Coalition and the National Housing Law Project have put together the Renters in Foreclosure Toolkit with great materials that you can easily adapt including sample letters to tenants, judges and PHAs. Download now! Webinar and Webinar Slides are available here. Banks Responsible for Refunding Security Deposits in California Assembly Judiciary Committee Analysis (June 23, 2009) to SB 120 (Lowenthal) makes clear that banks must refund security deposits pursuant to the Protecting Tenants at Foreclosure Act of 2009. As introduced, SB 120 sought to clarify that persons or entities acquiring rental property as a result of foreclosure were "successors in interest" within the meaning of certain landlord-tenant provisions. However, Protecting Tenants at Foreclosure Act of 2009 specifies that a successor in interest takes foreclosed rental property subject to the rights of any bona fide tenant. Because this federal law substantially achieves what the sponsors originally sought, the bill has been amended so that all that remains are the provisions relating to public utility shut-offs that give tenants in single-family dwellings the same rights that tenants in multi-unit dwellings already enjoy. The bill is sponsored by the Western Center on Law & Poverty and supported by several housing advocacy groups. June 26, 2009 - Foreclosure to Homelessness 2009: the Forgotten Victims of the Subprime Crisis This survey contained in this Report “makes clear that foreclosures are a major factor in the increase of homelessness in the United States,” National Low Income Housing Coalition (NLIHC) President Shelia Crowley said. Key findings include that those experiencing homelessness due to foreclosure: • tended to be renters, not owners; • whether renters or owners, did not seek legal advice in foreclosure proceedings; and • most often stayed with family or friends or in emergency shelters. June 26, 2009 - Homes for the Homeless? NOW on PBS What to do with foreclosed houses — How about letting homeless families move in? An innovative idea that's also illegal. NOW travels to Miami to meet with Max Rameau, an advocate for the homeless. Rameau's organization, Take Back the Land, identifies empty homes that are still livable, and tries to find responsible families willing to take the enormous legal risks of moving in.