Housing News: Details & Material on New Tenant Protections

Details & Materials on New Tenant Protections Now Available

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NLIHC continues, with other national housing groups, to take steps to inform tenants and their advocates of tenants’ rights under the newly passed Title VII of Public Law 111-22, the Protecting Tenants in Foreclosure Act. With the law’s enactment on May 20, tenants in foreclosed properties gained significant and new rights. The law protects tenants from immediate eviction when their property is sold to another person or entity as part of a foreclosure.

Because the provisions of this act are self-executing and effective as of May 20, 2009, it is extremely important for advocates to get information about the act to tenants, public housing authorities, courts and the legal community. To assist in this process, the National Housing Law Project has prepared documents that will help impacted parties understand the law and assist tenants in exercising their rights. Included in the documents are sample letters tenants can use to inform their landlords of the law, as well as letters that can be provided to courts and public housing authorities.

Under the act, all tenants must receive 90 days’ notice prior to eviction. In addition, with some exceptions, tenants with leases may continue to occupy the property until the end of their lease terms. The rights of Section 8 tenants are also protected because both the lease and the housing assistance payment contract are automatically transferred to the person or entity acquiring the property at foreclosure.

Copies of all tenant protection materials can be found at http://www.nlihc.org/template/page.cfm?id=227