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Eviction (Without) Notice

Renters and the Foreclosure Crisis

This report by the National Law Center on Homelessness & Poverty shows how, for many low-income renters, the Protecting Tenants at Foreclosure Act (PTFA) is all that stands between housing and homelessness.  It also includes a nationwide survey of tenants' rights advocates and renters themselves, showing how often PTFA is violated, and offers recommendations to better protect renters under the law.

Additionally, the report surveys state laws in all 50 states and points out where they fall short of or improve upon the protections of PTFA.

According to the report's survey of tenants' rights advocates, the most common PTFA violations are:

  • Lack of communication from the new owner (85.9%);
  • Illegal, misleading, or inaccurate written notices (68.1%);
  • Harassment from real estate agents, law firms, or bank representatives (61.1%); and
  • Failure to maintain the property (64.3%).
The most common violations reported in the survey of renters include:
  • New owners bad faith assertions that respondents tenancies are not bona fide;
  • Failure of new owners to determine the occupancy status of residents in foreclosed properties; and
  • Failure of new owners to provide information on where to pay rent and/or request property maintenance.

The report's recommendations include:

  • Congress should pass legislation to make PTFA permanent federal law;
  • Congress should amend PTFA to include a private right of action that lets renters sue owners for misconduct under the law; and
  • State legislatures should enact increased protections for renters living in foreclosed properties.

A free webinar discussing the report's findings will be held on Wednesday, February 20 at 1pm EST. Click here to learn more and register.



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