PROTECTING TENANTS AT
FORECLOSURE ACT OF 2009
Effective May 20, 2009, the Protecting Tenants at
Foreclosure Act of 2009 extends a range of
protections to tenants in foreclosed properties.
In brief, under the new legislation, all tenants
must get a 90 day notice prior to eviction due to
foreclosure. In addition (with some exceptions)
tenants who have leases can continue to live in
their homes until the end of the term of their
The rights of Section 8 tenants are also
protected because the new owner at foreclosure
must accept both the tenant's lease and the
housing assistance payment (HAP) contract.
NOTE: The Dodd-Frank Reform Bill, (H.R.
4173), Extends Tenant Act (PTFA) through
The National Housing Law Project (NHLP) has
prepared materials that will help housing
counseling agencies understand the provisions and
help tenants exercise their new rights under this
law. NHLP's materials include sample letters that
tenants can use to inform their landlords, as well
as sample letters advocates can use to inform the
courts and public housing authorities.
The NLIHC website contains several resources,
including details of the new tenant protection
SOURCE: U.S. Department of Housing and Urban
PREPARED BY: 211/tb
CONTENT LAST REVIEWED: April2013