Policies to Protect Security of Tenure and Access to Housing
Protection of Tenants in Foreclosed Properties
Renters may fall victim to abrupt evictions when their rental homes are foreclosed upon. In twenty-one states, tenants – even those that have faithfully paid their rent on time and abided by the terms of their leases – are subject to legal eviction upon 5 days’ notice or less when their rental homes are foreclosed on. The federal Protecting Tenants at Foreclosure Act, which provided for survival of bona fide lease agreements post-foreclosure and a minimum of 90 days’ notice to vacate, expired in 2014. Several states, however, have passed similar protections at the state level to ensure the housing stability of renters affected by foreclosure. In addition, Representative Ellison and Senator Blumenthal have recently reintroduced PTFA through H.R. 1354 and S. 730, respectively. For more information on the foreclosure crisis and implementation of the PTFA, please see “Eviction (Without) Notice,” a report produced by the National Law Center on Homeless & Poverty.
Violence Against Women Act
VAWA 2005 ensures that one’s status as a victim of domestic violence, dating violence, or stalking may not be used as a basis for denying federal housing assistance. It also establishes an exception to the federal “one-strike” criminal activity eviction rule for public housing tenants who are victims. Furthermore, it amends federal housing planning requirements to ensure that the needs of victims are considered in local planning processes. These protections were expanded to nearly all federal housing in the 2013 VAWA reauthorization, although they still only apply to federally-funded rental housing. At least 13 states have expanded these protections to privately rented properties as well. In 2010, HUD released its final rule regarding the 2005 reauthorization of VAWA. In order to implement VAWA 2013, HUD proposed rules and sought comment ending June 1, 2015. Beyond VAWA, many states have enacted laws that protect the housing rights of survivors, including at least 13 states that have expanded these protections to privately rented properties. For a review of these laws, please see the National Law Center on Homelessness & Poverty’s report, “There’s No Place Like Home.”
Tenant Screening Consolidation
Source of Income Protection