Rental Assistance

Staying Home
The Rights of Renters Living in Foreclosed Properties


June 08, 2023
A Report by the National Law Center on Homelessness & Poverty

Despite a federal law enacted in 2009 to protect renters living in foreclosed properties, many tenants across the country are still being threatened with eviction and are being forced to leave their homes on short notice. A report released today by the National Law Center on Homelessness & Poverty, Staying Home: The Rights of Renters Living in Foreclosed Properties, explains the impact of the new law and discusses problems with its implementation, and summarizes the results of a 50-state survey of developments in state laws protecting tenants living in foreclosed properties since early 2009.

The report reveals that while progress has been made at both the federal and state levels to protect the rights of renters living in properties subject to foreclosure, further protections for renters - and better enforcement of existing protections - are needed.

In May 2009, in response to advocacy by the Law Center and others, the federal government enacted the Protecting Tenants at Foreclosure Act of 2009 (“PTFA”), which provides important federal protections for tenants in foreclosed properties, including the right to receive 90 days’ notice before being required to leave the property and, in many cases, the right to remain for the length of the tenant’s existing lease term. Unless the Protecting Tenants at Foreclosure Act is extended, it will expire in 2012. Click here to read more.

 

Effect of the Protecting Tenants at Foreclosure Act
Click here to read more.

 

Fannie Mae-Support for Renters
Click here to read more.

 

Help for Renters in MD and VA: 

MD:http://www.dhcd.state.md.us/Website/Housing/Default.aspx

VA:http://www.vhda.com/Renters/Pages/RenterRightsResponsibilities.aspx
http://www.vhda.com/Renters/Pages/renters.aspx

 

Did you Know?
According to 2009 estimates by the National Low Income Housing Coalition, 40 percent of families facing eviction due to foreclosure are renters, and 7 million households living on very low incomes (31-50 percent of Area Median Income) are at risk of foreclosure.

After many foreclosure sales, an agent for the bank may offer you a cash payment to move out quickly, called cash for keys. Many times these offers are not a good deal for tenants. They should seek legal advice before accepting a deal.

If you believe a bank is not complying with the PTFA, you may contact the Federal Reserve for help.

Call: 888-851-1920 or TTY 877-766-8533 (8 am to 6 pm CST)
Fax: 877-888-2520
Email: [email protected]
Click here to Submit Complaint Online
Write: Federal Reserve Consumer Help, PO Box 1200, Minneapolis, MN 55480