What properties are covered by the statute?
- Any dwelling or any residential property
- Single family (1-4 units) and multifamily (5 or more units)
- Federally-related is not a limitation
When does the law apply?
- Effective on enactment: 5/20/09
- Applies to foreclosures that occur after enactment
- Pending foreclosures are covered; test is whether title has passed: Is there a successor in interest with full title?
When can an effective notice to vacate be given?
- Must be given by the successor in interest; so
- effective notice cannot be given before there is a
- successor in interest, i.e. any point before title passes
- Notices of the initiation of the foreclosure action are
- required in some states and desirable in all cases, but
- they do not serve as a “notice to vacate”
- When there is a lease, can be given 90 days before
- the end of the lease term
Does the tenant have to pay rent?
- Yes, if the successor in interest will not take
- the payment or cannot be found, rent should
- be escrowed
- Failure to pay rent may constitute an
- independent ground for eviction
What responsibilities does the successor in interest have to maintain the property?
- The successor in interest has the
- responsibilities of the landlord as defined in
- the lease or applicable law
Will HUD be issuing any guidance on the section 8 provisions?
- The provisions are self-implementing and
- effective immediately; HUD does not have to
- issue regulations to implement the provisions
- HUD is reviewing the Act and will be providing
- information for section 8 administrators soon
Is the application of the law affected by the immigration status of a tenant?
- The Act itself does not condition any of the protections on the immigration status of the tenant
What from of notice must be used?
- Not specified in federal statute
- Will vary with state and local requirements
What is the scope of the preemption of state law?
- Does not preempt more protective state andlocal provisions
- Does not preempt evictions based on other causes, such as failure to pay rent
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