Obama Signs New Federal Law Protecting Renters after Foreclosure

A new law passed by Congress and signed yesterday by President Obama provides protections for tenants whose landlords fall into foreclosure. Under the Helping Families Save Their Homes Act, tenants have the right to stay in their homes after foreclosure for 90 days or through the term of their lease. The bill also provides similar protections to housing voucher holders. The protections go into effect immediately and expire at the end of 2012.

At least one third of the units going through foreclosure in California are rentals. Under current law, most California tenants are entitled to 60-days notice of eviction after foreclosure. The new federal law increases this to 90 days.

In addition, California law provides that leases are extinguished by foreclosure, with limited exceptions. Many tenants enter into one year leases, only to find a few weeks or months later that the property is heading for foreclosure and that their leases will be extinguished. The new federal law provides that the lease survives the foreclosure, except that the lease can be prematurely terminated and the tenant given 90-day notice where a purchaser seeks to occupy the premises.

Some California cities have local laws prohibiting foreclosure evictions. The new federal protections do not preempt these laws which remain in full force.

“Congress and President Obama have shown real leadership here. Tenants are innocent victims of the foreclosure crisis, and it is about time they get some relief,” noted Dean Preston, Executive Director of Tenants Together. “This bill will provide tenants 90-days notice of eviction, require banks to honor leases, and protect section 8 tenants after foreclosure. We look forward to the day when banks stop evicting innocent tenants after foreclosure, but until that day comes, this federal legislation will provide much-needed time for tenants across the country to find new housing and relocate. Senator John Kerry (D-MA), Representatives Keith Ellison (D-MN), Carolyn McCarthy (D-NY), Michael Capuano (D-MA), and Barney Frank (D-MA), deserve special praise for their efforts on this bill, as does the National Low Income Housing Coalition, a nonprofit organization that has been advocating for these tenant protections for over a year.”

Tenants Together is California’s only statewide organization for renters’ rights. The organization operates a foreclosure hotline for tenants whose landlords are in foreclosure. In March 2009, Tenants Together issued *Hidden Impact: California Renters in the Foreclosure Crisis*, a comprehensive report on the impact of the foreclosure crisis on California renters. The report includes policy recommendations to stop foreclosure evictions of innocent tenants. The report is available at www.tenantstogether.org. Among the recommendations at the federal level are the protections signed into law by President Obama today.

Hot this week

Did David Wineland and Serge Haroche Steal Idea For The Nobel Physics Prize?

Dr. Omerbashich says the Royal Swedish Academy is a Crime Scene and he has the proof that Nobel laureates stole his discovery.

New Approaches to Disaster Relief Challenges

Disaster relief has always been a challenge. NASA, Google,...

3 Legitimate Money Making Methods to Supplement Your Income

In a perfect world, when your landlord raises your...

2016 Predictions by World Renowned Medium and Psychic Lindy Baker

World renowned medium and psychic Lindy Baker is interviewed by The Hollywood Sentinel, discussing psychic power, the spirit world, life after death, areas of concern in 2016, and much more.

Digital Coupon Customers Spending More Than Double At Stores

A new study shows that customers who use digital coupons go shopping more for groceries and other household goods more often and spend more on their shopping trips.

Social Security and Benefits Law: Navigating Entitlements and Appeals

Social security and benefits law governs the systems through...

Sports Law: The Legal Framework Behind Professional and Amateur Sport

Sports law is an interdisciplinary field that applies general...

Environmental Law: Protecting the Natural World Through Legal Frameworks

Environmental law is the body of law that governs...

Consumer Rights: What You Are Entitled to When Things Go Wrong

Consumer protection law exists because the relationship between businesses...

Bankruptcy and Insolvency: A Guide for Individuals and Businesses

Financial distress is one of the most stressful experiences...

Why Replacing an Aging Air Conditioning System Can Improve Home Comfort 

An aging air conditioning system can quietly reduce comfort,...

Filipino Journalist Nestor Micator Shot Dead as Press Groups Demand Justice

Filipino journalist Nestor Micator was shot dead in Cotabato, renewing concern over Philippine media killings and impunity.

PuroClean of East Las Vegas Bets on Trust and Quality in One of America’s Toughest Restoration Markets

Industry veteran Gregory Arianoff is building an award-winning restoration operation across Southern Nevada, where certification, internal culture, and community service carry as much weight as response time.

Related Articles

Popular Categories