Tenant Protections from Foreclosure
Definition
States that provide protections for renters residing in properties facing foreclosure that exceed those in the federal Protecting Tenants at Foreclosure Act (PTFA), 2012.
Description
Though media coverage of the foreclosure crisis has focused mainly on homeowners, an estimated 40% of foreclosures involve rental properties. Foreclosure can be disruptive to renters, who may struggle to find alternative housing, and can cause strain on their work and family lives. Many renters face significant relocation costs, as well as a loss of the security deposit and a rent payment. At worst, foreclosure can leave renters homeless.
Tenants have faced a range of improper and egregious landlord abuses, including failing to provide notice of foreclosure, failing to inform tenants about utilities shutoff, and failing to maintain properties during the foreclosure process. The federal Protecting Tenants at Foreclosure Act (PTFA) of 2009 provides some protections for renters, such as honoring tenants’ term leases and providing 90-day notice of eviction; however, states can do more to ensure fair treatment of renters during the foreclosure process.
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Tenant Protections from Foreclosure
| State | Do states provide protections for tenants beyond PTFA? |
| Alabama |
No |
| Alaska |
Yes (pre-foreclosure sale notice to tenants) |
| Arizona |
Yes (disclosure of foreclosure to prospective tenants) |
| Arkansas |
No |
| California |
Yes (pre-foreclosure sale notice to tenants; utility shutoff protections;
record sealing of post-foreclosure evictions; cover sheet requirement
for post-foreclosure evictions) |
| Colorado |
Yes (pre-foreclosure sale notice to tenants) |
| Connecticut |
Yes (eviction protection; good cause eviction protection for elderly
or disabled tenants; cash for keys) |
| Delaware |
No |
| District of Columbia |
Yes (good cause eviction protection) |
| Florida |
No |
| Georgia |
No |
| Hawaii |
No |
| Idaho |
Yes (pre-foreclosure sale notice to tenants) |
| Illinois |
Yes (notice requirements; tenant protections during the
foreclosure process; record sealing of post-foreclosure evictions) |
| Indiana |
No |
| Iowa |
No |
| Kansas |
No |
| Kentucky |
No |
| Louisiana |
No |
| Maine |
Yes (pre-foreclosure sale notice to tenants; eviction protection;
utility shutoff protections) |
| Maryland |
Yes (tenants' rights and required notices; PTFA compliance check) |
| Massachusetts |
Yes (just cause for eviction after foreclosure; protection for
subsidized tenants) |
| Michigan |
No |
| Minnesota |
Yes (eviction protections; pre-foreclosure notice to tenants;
disclosure of foreclosure to prospective tenants; utility shutoff
protections; security deposit; record sealing of
post-foreclosure evictions) |
| Mississippi |
No |
| Missouri |
No |
| Montana |
Yes (pre-foreclosure sale notice to tenants) |
| Nebraska |
No |
| Nevada |
Yes (pre-foreclosure sale notice to tenants; disclosure of foreclosure
to prospective tenants) |
| New Hampshire |
Yes (good cause eviction protection) |
| New Jersey |
Yes (pre-foreclosure notice to tenants; good cause eviction
protection; post-foreclosure notice; habitability) |
| New Mexico |
No |
| New York |
Yes (foreclosure notice to tenants; eviction protections;
habitability) |
| North Carolina |
Yes (pre-foreclosure sale notice to tenants) |
| North Dakota |
No |
| Ohio |
No |
| Oklahoma |
No |
| Oregon |
Yes (eviction protections; notices to tenants; security deposit;
disclosure of foreclosure to prospective tenants) |
| Pennsylvania |
No |
| Rhode Island |
No |
| South Carolina |
No |
| South Dakota |
No |
| Tennessee |
No |
| Texas |
No |
| Utah |
Yes (pre-foreclosure sale notice to tenants) |
| Vermont |
Yes (foreclosure notice to tenants; disclosure of foreclosure
to prospective tenants) |
| Virginia |
Yes (foreclosure notice to tenants; disclosure of foreclosure
to prospective tenants; security deposit) |
| Washington |
Yes (pre-foreclosure sale notice to tenants) |
| West Virginia |
No |
| Wisconsin |
No |
| Wyoming |
No |
Source
“State and Local Tenant Protections: Additional State and Local Protections for Tenants in Foreclosure Situations.” San Francisco, CA: National Housing Law Project, 2012. Data accessed in December 2012 at http://nhlp.org/node/1341.
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