Due to overwhelming demand, Tenants Together, California’s Statewide Organization for Renters’ Rights, today released the Action Guide for California Tenants in Foreclosure Situations to help tenants caught up as innocent victims of the foreclosure crisis learn, assert, and expand their rights.
The Action Guide includes four sections:
· Section 1 helps tenants learn what stage in the foreclosure process their home is in.
· Section 2 helps tenants learn and assert their rights so they can stay in their home for as long as possible, maintain their home in a habitable condition, live free of harassment from their landlord, and recover their security deposit.
· Section 3 helps tenants learn how they can pressure bad actors (typically banks, private investors, real estate agents, and eviction law firms) by shining a public spotlight on them. The Action Guide includes downloadable sample-letters to banks and to elected officials as well as a web-based, sample letter to the editor.
· Section 4 helps tenants work to expand their rights by forming local Tenant Action Groups and by demanding that their city council pass a local just cause for eviction ordinances to provide long-term protections for tenants in foreclosure situations.
Time and again we have seen banks and private investors back down when tenants stand up for their rights. Our Action Guide will help tenants fight back and turn the tables on these abusive landlords after foreclosure
For a printer-friendly version of press release, click here
Thursday, July 29, 2010
Tuesday, July 27, 2010
President Obama extends and clarifies the Protecting Tenants at Foreclosure Act
By Kent Qian
Last week, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203). The Act is most known for reforming the financial system and creating an independent consumer protection agency. But more importantly for renters, Section 1484 of the Act extends the Protecting Tenants at Foreclosure Act (PTFA) to 2014 and clarifies that the PTFA protects all bona fide tenants who entered into a lease before the transfer of title by foreclosure.
Under the PTFA, all bona fide tenants must receive a 90-day notice before they may be required to vacate. Tenants with more than 90 days remaining on a lease may remain until the end of the lease, if the tenant entered into the lease before the "notice of foreclosure." Initially, the term "notice of foreclosure" was not defined in the PTFA. Seizing on this ambiguity, banks and other post-foreclosure owners have insisted that "notice of foreclosure" means one of the earlier foreclosure notices, such as a notice of default sent to a defaulting borrower in California. Tenant advocates, on the other hand, argued that the PTFA's legislative history evidenced Congressional intent to protect all leases entered into before the transfer of title by foreclosure. Until now, the case law on what "notice of foreclosure" means has been mixed.
The Dodd-Frank Act removes this ambiguity by defining the date of "notice of foreclosure" to be the date complete title transfers through foreclosure. Because it is meant as a clarification of existing law, this provision should apply retroactively to pending evictions to ensure that bona fide tenants may remain until the end of any lease entered into with a landlord who still owned the property at the time.
Kent Qian is a Skadden Fellow at the National Housing Law Project. His work at NHLP focuses on protecting renters' rights in foreclosure.
Last week, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203). The Act is most known for reforming the financial system and creating an independent consumer protection agency. But more importantly for renters, Section 1484 of the Act extends the Protecting Tenants at Foreclosure Act (PTFA) to 2014 and clarifies that the PTFA protects all bona fide tenants who entered into a lease before the transfer of title by foreclosure.
Under the PTFA, all bona fide tenants must receive a 90-day notice before they may be required to vacate. Tenants with more than 90 days remaining on a lease may remain until the end of the lease, if the tenant entered into the lease before the "notice of foreclosure." Initially, the term "notice of foreclosure" was not defined in the PTFA. Seizing on this ambiguity, banks and other post-foreclosure owners have insisted that "notice of foreclosure" means one of the earlier foreclosure notices, such as a notice of default sent to a defaulting borrower in California. Tenant advocates, on the other hand, argued that the PTFA's legislative history evidenced Congressional intent to protect all leases entered into before the transfer of title by foreclosure. Until now, the case law on what "notice of foreclosure" means has been mixed.
The Dodd-Frank Act removes this ambiguity by defining the date of "notice of foreclosure" to be the date complete title transfers through foreclosure. Because it is meant as a clarification of existing law, this provision should apply retroactively to pending evictions to ensure that bona fide tenants may remain until the end of any lease entered into with a landlord who still owned the property at the time.
Kent Qian is a Skadden Fellow at the National Housing Law Project. His work at NHLP focuses on protecting renters' rights in foreclosure.
Tuesday, July 13, 2010
Sacramento Renters: We Deserve More
By Alison Brennan
Sacramento is one of the many places in the country where tenants are nonpersons. Coming from the Bay Area where the majority of the population rents and where tenant participation in civic affairs is expected, it was a bit of a shock to find out that, in Sacramento, tenants cannot expect to get many of the services from government and elected officials that homeowners receive as a matter of course.
My first experience of this was when I sought to obtain legal counsel for one of my neighbors who was threatened with eviction by the property manager. Unfortunately for the property manager, she sought to evict my neighbor for complaining about conditions at the property--one of the few instances in which tenants are protected from eviction by law. All I wanted was to find a lawyer who could write a stern letter to the property manager explaining that and, of course, detailing the consequences if she pursued the eviction. So I did what people do in San Francisco and Oakland and Berkeley all the time. I called my City Councilmember's office. And was stunned when his staff person informed me that she couldn't help me, but could have helped me had I been a landlord seeking the same assistance. Gulp.
My next encounter with government officials was when I sought to get a copy of a county publication, "River-Friendly Landscape Guidelines," which I'd read about on one of the local gardening websites. I got online and requested it, leaving the space to indicate whether I was a homeowner or landscaper blank. The county did send it to me, but first telephoned to grill me as to my intentions. Gulp. Again.
It's unfortunately no surprise that our government officials and the local press have largely ignored the effect of the foreclosure crisis on tenants. So today, Tenants Together is taking us to the City Council meeting, where will attempt to interest them in the plight of the thousands (yes, thousands!) of tenants who were displaced when their landlords allowed their buildings to go into foreclosure. Maybe they will "see the light", but I suspect that this will only be the beginning of a long process.
Alison Brennan is a member of Tenants Together who lives in Sacramento. She runs a blog entitled Tenants and Foreclosure: Information for California Renters in Foreclosed Properties, which is a valuable resource for tenants in foreclosure situations.
Sacramento is one of the many places in the country where tenants are nonpersons. Coming from the Bay Area where the majority of the population rents and where tenant participation in civic affairs is expected, it was a bit of a shock to find out that, in Sacramento, tenants cannot expect to get many of the services from government and elected officials that homeowners receive as a matter of course.
My first experience of this was when I sought to obtain legal counsel for one of my neighbors who was threatened with eviction by the property manager. Unfortunately for the property manager, she sought to evict my neighbor for complaining about conditions at the property--one of the few instances in which tenants are protected from eviction by law. All I wanted was to find a lawyer who could write a stern letter to the property manager explaining that and, of course, detailing the consequences if she pursued the eviction. So I did what people do in San Francisco and Oakland and Berkeley all the time. I called my City Councilmember's office. And was stunned when his staff person informed me that she couldn't help me, but could have helped me had I been a landlord seeking the same assistance. Gulp.
My next encounter with government officials was when I sought to get a copy of a county publication, "River-Friendly Landscape Guidelines," which I'd read about on one of the local gardening websites. I got online and requested it, leaving the space to indicate whether I was a homeowner or landscaper blank. The county did send it to me, but first telephoned to grill me as to my intentions. Gulp. Again.
It's unfortunately no surprise that our government officials and the local press have largely ignored the effect of the foreclosure crisis on tenants. So today, Tenants Together is taking us to the City Council meeting, where will attempt to interest them in the plight of the thousands (yes, thousands!) of tenants who were displaced when their landlords allowed their buildings to go into foreclosure. Maybe they will "see the light", but I suspect that this will only be the beginning of a long process.
Alison Brennan is a member of Tenants Together who lives in Sacramento. She runs a blog entitled Tenants and Foreclosure: Information for California Renters in Foreclosed Properties, which is a valuable resource for tenants in foreclosure situations.
Wednesday, July 7, 2010
Committee stops anti-rent control bill
AB 761 (Calderon) would have been devastating to mobilehome residents who are protected by rent control. Mobilehome owners are both owners and renters: they own their homes, but rent the land underneath from park owners. AB 761 was the latest in a series of attacks on rent control by greedy park owners and their allies in state government.
Last year, AB 761 narrowly failed, and the bill was back in this second year of this 2-year legislative session. Fortunately, Judiciary Committee members Senators Mark Leno (D-San Francisco), Loni Hancock (D-Berkeley) and Ellen Corbett (D-San Leandro) stood firm against powerful park owners that seek to take rent protections away from residents.
This is a major victory for mobilehome residents, especially the many seniors living on fixed incomes in mobilehome parks.
Congratulations to the Golden State Manufactured-home Owners' League (GSMOL). GSMOL closely monitored the legislation, mobilized residents against this unfair attack on rent control, and successfully lobbied to defeat it. Score one for the good guys.
Last year, AB 761 narrowly failed, and the bill was back in this second year of this 2-year legislative session. Fortunately, Judiciary Committee members Senators Mark Leno (D-San Francisco), Loni Hancock (D-Berkeley) and Ellen Corbett (D-San Leandro) stood firm against powerful park owners that seek to take rent protections away from residents.
This is a major victory for mobilehome residents, especially the many seniors living on fixed incomes in mobilehome parks.
Congratulations to the Golden State Manufactured-home Owners' League (GSMOL). GSMOL closely monitored the legislation, mobilized residents against this unfair attack on rent control, and successfully lobbied to defeat it. Score one for the good guys.
Wednesday, June 30, 2010
California Attorney General Announces Investigation into Banks’ Treatment of Tenants after Foreclosure
Since launching our Tenant Foreclosure Hotline we have counseled over 4,000 tenants in foreclosure situations. Most of the callers to our hotline report being harassed and mislead by post-foreclosure landlords and their agents.
I’m happy to report that, at the urging of housing advocates, California’s Attorney General, Jerri Brown has launched an investigation to ensure compliance with tenant-protection laws by banks and private investors acquiring tenant-occupied, foreclosed properties. The investigation, announced this week, comes after Tenants Together and 20 allied housing rights and public interest groups from across California brought rampant violations of tenant protection laws to the attention of the Attorney General. The coalition urged Attorney General Brown to take action in response to a pattern of illegal conduct and tenant harassment by banks, real estate agents, and lawyers in their treatment of tenants after foreclosure.
“Tenants who live in properties in foreclosure are the forgotten victims of the collapse of the housing market,” Attorney General Brown said. “We’ll fight every step of the way to ensure they aren’t rousted from their homes in violation of the law.”
The Attorney General’s press release provides further detail on the demands to the industry:
As a part of his investigation, Brown today sent letters to 24 banks, loan servicers, private investors, and law firms demanding information about whether they are complying with federal, state, and local laws regarding foreclosed properties and their treatment of tenants… In his letter, Attorney General Brown requires banks, loan servicers, private investors and law firms to provide information by July 19 about their policies and procedures when dealing with foreclosed properties and current tenants. It specifically asks the recipients to outline how they ‘promote or preserve tenancies after foreclosure.’
We will continue to monitor the Attorney General’s investigation and report on its progress.
Make San Francisco’s Rent Board More Pro-Tenant
By Ted GullicksenOn Thursday, the Rules Committee of the Board of Supervisors will be hearing a proposed ballot measure for November which would increase tenant representation on San Francisco’s Rent Board and give Supervisors authority over appointments. The hearing will be Thursday, July 1, at 11:00 AM in Room 263 of San Francisco City Hall.
Right now the Rent Board is made up of five members: two landlords, two tenants, and one homeowner. All of them are appointed by Mayor Newsom (who is opposed to rent control) and they serve at his pleasure. The proposal, sponsored by Sup. David Campos would make the Board three tenants, two landlords, and two homeowners; half of them would be appointed by the Board of Supervisors, half by the Mayor, and one would be selected jointly by the Board and Mayor.
The Rent Board has the power to write regulations, decide cases, and determine rent control policy. Right now, tenants have to work to prevent the Board from rolling back rent control. The Campos proposal will give us the chance to use the Rent Board to strengthen rent control and expand our rights.
Please come and show your support for this proposed ballot measure!
Ted Gullicksen is the Director of the San Francisco Tenants Union.
Tuesday, June 29, 2010
Senator Lou Correa Kills Nation's First Predatory Equity Bill
Senator Lou Correa, a Democratic state senator from Orange County, has killed the nation’s first bill to stop predatory investments that displace renters from their homes. The bill, AB 2337, authored by Assemblymember Tom Ammiano (D-San Francisco), sought to ban the state’s public employee pension funds from investing in “predatory equity” schemes. The issue gained significant attention after real estate investments by CalPERS and CalSTRS in East Palo Alto and New York City resulted in the displacement of thousands of rent-controlled tenants and the loss of hundreds of millions of dollars.
State Senator Lou Correa’s committee stopped the bill yesterday at the request of the California Association of Realtors and landlord groups. Correa has received significant campaign donations from landlord and realtor interests.
“Only someone in the pocket of landlords and realtors could possibly oppose this bill,” said Dean Preston, Executive Director of Tenants Together, California’s statewide organization for renters’ rights. “There’s no other explanation for Senator Correa’s decision to kill this legislation.”
Tenants Together and the East Palo Alto Fair Rent Coalition co-sponsored the bill to prevent workers’ retirement funds from being invested in schemes to evict working people. The bill had the broad support of at least twenty nonprofit housing organizations, labor groups and government entities. The only opponents were several landlord groups and the California Association of Realtors.
The California Bankers’ Association, which originally opposed the bill, removed its opposition based on substantial author’s amendments that narrowed the scope of the bill. CalPERS and CalSTRS, the very entities whose investments would have been restricted under the bill, also took a neutral stance on the bill after amendments were incorporated into the language of the bill.
The full Assembly had approved the bill by a vote of 43-30 before it landed before Senator Correa’s Public Employment and Retirement Committee yesterday. Senator Correa did not pose a single question at the hearing to the author or witnesses about merits of the bill, instead derailing the bill without explanation.
Despite these developments, Ammiano’s groundbreaking bill was not in vain. The bill forced a discussion about predatory equity investment practices and drew considerable media attention to the problem. Additionally, in response to the bill, CalPERS and CalSTRS adopted new internal policies banning future predatory real estate investments, a move praised by tenant advocates as a major step toward stopping public pension funds from financing evictions.
State Senator Lou Correa’s committee stopped the bill yesterday at the request of the California Association of Realtors and landlord groups. Correa has received significant campaign donations from landlord and realtor interests.
“Only someone in the pocket of landlords and realtors could possibly oppose this bill,” said Dean Preston, Executive Director of Tenants Together, California’s statewide organization for renters’ rights. “There’s no other explanation for Senator Correa’s decision to kill this legislation.”
Tenants Together and the East Palo Alto Fair Rent Coalition co-sponsored the bill to prevent workers’ retirement funds from being invested in schemes to evict working people. The bill had the broad support of at least twenty nonprofit housing organizations, labor groups and government entities. The only opponents were several landlord groups and the California Association of Realtors.
The California Bankers’ Association, which originally opposed the bill, removed its opposition based on substantial author’s amendments that narrowed the scope of the bill. CalPERS and CalSTRS, the very entities whose investments would have been restricted under the bill, also took a neutral stance on the bill after amendments were incorporated into the language of the bill.
The full Assembly had approved the bill by a vote of 43-30 before it landed before Senator Correa’s Public Employment and Retirement Committee yesterday. Senator Correa did not pose a single question at the hearing to the author or witnesses about merits of the bill, instead derailing the bill without explanation.
Despite these developments, Ammiano’s groundbreaking bill was not in vain. The bill forced a discussion about predatory equity investment practices and drew considerable media attention to the problem. Additionally, in response to the bill, CalPERS and CalSTRS adopted new internal policies banning future predatory real estate investments, a move praised by tenant advocates as a major step toward stopping public pension funds from financing evictions.
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