On February 17, NLIHC joined the National Housing Law Project, the National Law Center on Homelessness & Poverty, and the Housing Justice Network in asking HUD Secretary Shaun Donovan to conduct rulemaking on how the Federal Housing Administration implements the Protecting Tenants at Foreclosure Act (PTFA).
Over the past several months, this group has asked HUD to improve how HUD’s Office of Single Family Asset Management complies with PTFA. In the letter, the groups state they share with HUD the “goal of minimizing misinformation, uncertainty and the hardships that attend the misfortunes of innocent tenants.”
The 2009 PTFA provides that bona fide tenants with more than 90 days remaining on their leases may not be evicted until the end of their lease terms. In the case of leases with less than 90 days remaining, month-to-month leases, and leases terminable at will, a minimum of 90 days’ notice is required.
While the FHA did issue a notice in October 2010 (see Memo, 10/29/10) clarifying how tenants in FHA-insured properties are be protected by the PTFA if they meet a set of strict HUD guidelines, the February 17 letter seeks greater protection of at-risk tenants, including requiring tenants be given information about their rights under PTFA. The group believes that many tenants lose their home unnecessarily and prematurely because they were not fully aware of their rights.
Access the letter and the actual petition for rulemaking at http://nlihc.org/sites/default/files/Petition_Letter_Donovan_2_17_11.pdf and http://nlihc.org/sites/default/files/Petiiton_for_Rulemaking_2_10_11.pdf