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Protecting Tenants at Foreclosure Act

An Overview of the New Federal Law and Its Application

By Samantha M. Tuttle & Kent Qian

Tenants residing in foreclosed properties were largely forgotten victims of the foreclosure crisis until the Protecting Tenants at Foreclosure Act was passed in 2009. The Act contains core protections for all “bona fide” tenants and particular protections for those with housing choice vouchers. The U.S. Department of Housing and Urban Development and other federal agencies have issued guidance on implementation, and attorneys general in Connecticut and California have moved to enforce the law. Advocates should think creatively about using the Act—a valuable tool in defending postforeclosure evictions—in conjunction with tenant-friendly state and local laws in order to devise a battery of protections for their client tenants.

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