The Senate Committee on Banking, Housing, and Urban Affairs marked up Committee Chair Richard Shelby’s (R-AL) “Financial Regulatory Improvement Act” on May 21. On behalf of Democrats on the Committee, Ranking Member Sherrod Brown (D-OH) offered a substitute to the Chairman’s bill, which failed by a party line vote of 10 yeas to 12 nays. Among the provisions in Senator Brown’s substitute bill was a permanent extension of the “Protecting Tenants at Foreclosure Act” (PTFA).
PTFA, which expired at the end of 2014, enabled renters whose homes were in foreclosure to remain in their homes for at least 90 days or for the term of their lease, whichever was greater. Making the PTFA permanent is an NLIHC policy priority.
The National Housing Law Project has compiled information on renter protection laws at foreclosure from 47 states plus the District of Columbia. Nine states and the District of Columbia have renter protection at foreclosure laws equal or surpassing those provided by the PTFA. Two states provide 60 days’ notice of eviction. Three states provide 30 days’ notice of eviction. Three states provide 10 days’ notice of eviction. Two states provide five days’ notice of eviction. One state provides three days’ notice of eviction. Eight states allow immediate eviction of renters at foreclosure. Nineteen states have no specific protection for renters at foreclosure.
Senator Richard Blumenthal (D-CT) and Representative Keith Ellison (D-MN) have introduced bills (S. 730 and H.R. 1354, respectively) in this Congress to restore the PTFA and make it permanent.
A PTFA fact sheet and state chart is at http://nlihc.org/sites/default/files/Protecting-Tenants-at-Foreclosure-Act.pdf
More information about protecting tenants at foreclosure is on page 6-23 of NLIHC’s 2015 Advocates’ Guide, http://nlihc.org/sites/default/files/Sec6.06_Protecting-Tenants_2015.pdf