Did you know there's a law that protects tenants facing eviction

A law called The Protecting Tenants at Foreclosure Act (PTFA) can help families facing eviction in a foreclosed building. The law requires the new owner (even if it is the bank) to give you at least 90 days notice before you have to leave.

If you are a tenant with a lease, the new owner must let you stay until at least the end of the lease term. The only way a lease can be terminated before the end of its term is if the unit is sold to someone that will actually be living in the unit. Even if the new owner is moving into the unit, the owner still has to give the tenant 90 days notice before the tenant has to leave.

If you are a tenant receiving Section 8, the new owner must honor your lease, and they have to follow any Section 8 Housing Assistance Payments (HAP) contract between the previous owner and the housing authority. The foreclosure is not a valid reason for them to terminate your lease. If your new landlord tells you that your lease will be terminated, call your Section 8 worker immediately, and tell them what is happening.

If the new owner says you have to leave in less than 90 days, or, Before the end of your lease term:

• You can send a letter to the landlord telling them about the new law.

• You must continue to pay rent.

• Housing Court Answers provides information and help with procedures over the telephone from 9 a.m. to 5 p.m., Monday-Friday, at 212-962-4795. (They don’t provide legal representation.)

• You may want to speak to a legal services provider.

• If your income is at or under 125% of the Poverty Level, there is a local Legal Aid Office that can help you.

Click here to figure out if your income qualifies for Legal Aid.

Click here to find your local Legal Aid Office.

Click here for a link to a toolkit including Sample Letters to send to your landlord, and resources on how the PTFA works.

The Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, §§701-704 (2009).

Written by Jeffrey Miles, Legal Intern with LawHelp/NY

2 thoughts on “Did you know there's a law that protects tenants facing eviction

  1. This New Law doesn’t give much protection to someone who needs to find a place in 90 days and is still obligated to pay the rent. Most people are not able to pay current rent to new owner and dish out money for the next place. Tenant ends up losing either way.

    • so you want the landlord to lose and give people a free place to live while the tenants are looking for another place? keep it simple, nothing is free, you have to pay rent if your living under someone else property, just like the landlord has to pay property tax for having a property in the state, to landlords thats there rent

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