North Carolina Coalition to End Homelessness

Staying Home 2010: The Rights of Renters Living in Foreclosed Properties

The National Law Center on Homelessness and Poverty (NLCHP) has released its report "Staying Home: The Rights of Renters Living in Foreclosed Properties". The paper examines the Protecting Tenants at Foreclosure Act (PTFA) and how it is being implemented across the country. PTFA contains several provisions, including a mandate that tenants must receive 90 days notice before being required to vacate their property, intended to shield tenants from unlawful evictions that may force them into homelessness. However, as the report makes clear, a majority of tenants' rights in these situations are still determined by state law. A review of each of the fifty states' tenant laws is included within the report.

Additionally, the report profiles the efforts of various organizations, including government agencies, to educate others about and enforce the PTFA. NLCHP also details instances in which the provisions of the Act have been violated. In their recommendations section, the authors recommend stronger enforcement and continuing education about the law for both tenants and relevant agencies. State legislatures and bank regulatory agencies are seen as particularly important partners in ensuring the rights of tenants and enforcing PTFA.
 
Read the full report here or download it from the NLCHP website at www.nlchp.org/content/pubs/StayingHomeReport_June2010.pdf.
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