Blog Archives

2013 Symposium on the Human Right to Housing

Last week, a capacity crowd of some 130 lawyers, academics and grassroots activists gathered to spend a day discussing the human right to housing, and strategies to build a legal foundation for that right here in the US.

Co-sponsored by NLCHP, the Human Rights Institute of Columbia Law School and the Program on Human Rights in the Global Economy at Northeastern Law School, the Symposium was an inspiring call to action that included concrete examples of progress now being made at the federal, state and local levels to advance the human right to housing for all-and especially for homeless and poor people.

Among those efforts is the growing movement for state level Homeless Persons’ Bills of Rights. Last year, Rhode Island enacted the Rhode Island Homeless Persons’ Bill of Rights, the first such enforceable law in the nation. Now advocates in California, as well as Oregon, Vermont, Connecticut and Missouri are pressing similar campaigns, with support from NLCHP, which also supported the Rhode Island campaign. Last week, the California bill took a critical step forward when the California Assembly’s Judiciary voted it out of committee. Key demands are protections from laws that criminalize homelessness and that discriminate based on housing status.

Undergirding these campaigns is the call for the human right to housing. Protection from discrimination is critically important, but ensuring the right to housing is essential. Because what we’re fighting for is not just protection from arrest for people forced to live in public places because they are without a home. What we truly want, and believe everyone should have in a country that has the resources to provide it, like ours does, is a decent, safe affordable home.

That’s what the human right to housing promises, and what we and those who gathered in NYC last week are working towards. Passing state bills like that now moving forward in CA are a crucially important step in the right direction.

PODCAST: Protecting Tenants at Foreclosure Act: What Real Estate Professionals Must Know When Tenants Live in Foreclosed Property

Rental property foreclosures remain a national epidemic, affecting millions of people across the country including three million children. Renters are often kept in the dark about the foreclosure status of their homes, and they may not learn that their housing is in jeopardy until they are served with an eviction notice. The Protecting Tenants at Foreclosure Act (“PTFA”) provides important protections to renters in foreclosed properties, requiring new owners to allow any bona fide renters to remain in their homes for the full duration of their lease agreements or for a minimum of 90 days with notice, whichever is longer.

Although the PTFA has been in place since 2009, violations of the law continue. The Law Center has addressed this ongoing problem by collecting information about PTFA violations from tenants and tenant advocates across the country and then working with the named violators to change the way they do business. We believe that working in collaboration to bring new owners and their agents into voluntary compliance with the PTFA is an effective strategy that benefits everyone involved, and our success in building these strategic partnerships suggests we’re right.

One shining example of this collaborative work is with the National Association of Realtors (NAR), an organization whose members represent nearly half of all real estate agents working nationwide. Real estate agents are often the first points of contact for tenants living in foreclosed properties, and it is not uncommon for their communication to be the only information that a renter is given about their housing options. Consequently, the information that a real estate agent provides to a renter is of the utmost importance – it must be accurate, clear, and given in good faith.

When the Law Center learned that real estate agents are among the most commonly cited violators of the PTFA, we reached out to NAR to suggest methods of collaboration that would educate real estate agents of their obligations under federal law. NAR, recognizing the benefit that such collaboration would provide to its members, responded with enthusiasm.

Together, the Law Center and NAR have created written educational materials for real estate agents, answered their commonly asked questions about the PTFA, and composed joint articles for distribution to NAR’s members. Most recently, NAR and the Law Center completed a video podcast about the PTFA. In the podcast, Bill Gilmartin, Senior Policy Advisor at NAR, and Tristia Bauman, Housing Attorney at the Law Center, discuss the application of the PTFA to real estate professionals and how real estate agents can be sure that they are complying with this important federal law in their work. The video podcast is hosted on NAR’s website, as well as on the Law Center’s homepage, and has been advertised to over one million real estate agents. You can watch the video below.

NAR should be commended for making its communication outlets to members readily available to the Law Center. The efforts of NAR and the Law Center to educate real estate professionals about the PTFA will enhance compliance with the law to the benefit of countless renters. This effort serves as an important model that should be duplicated across the country and across relevant industries.

Strength In Numbers: State Laws Increasing VAWA Protections

On Thursday, March 7, President Barack Obama signed into law the renewed Violence Against Women Act (VAWA). The new legislation will grant $659 million to support VAWA programs during a five year period. The legislation would also provide new protections for women who identify as LGBTQ or Native American who are victims of domestic violence. The re-authorization of this critical law has been a long battle since its expiration in 2011.

VAWA was first created and authorized in 1994 in response to Congressional findings which indicated that families are discriminated against, denied access to, and evicted from housing because of situations involving domestic and/or sexual violence. The act provides housing protections for women who have experienced domestic violence. The law was first reauthorized in 2000 and again in 2005. In 2012, however, the law was not passed after a final vote for re-authorization in the House of Representatives. While the law was not reenacted, its applications remained in effect — VAWA stayed the same. The forefront of the domestic violence issue in America changed though, and it has become more prominent than ever; 50%-100% of women currently experiencing homelessness has experienced domestic or sexual violence at one point in their lives. 1 out of 4 individuals experiencing homelessness attribute domestic violence to be a main cause of their homelessness. The needs of survivors of domestic violence are ever changing, and they need to be immediately addressed. So, while VAWA’s reauthorization was in limbo last year, states took power into their own hands and created new laws that build upon the protections set forth by VAWA.

The Law Center recently published a report entitled “There’s No Place like Home: Protecting the Housing Rights of Survivors of Domestic and Sexual Violence.” The report analyzes state housing protections that build upon the regulations VAWA provided during its standstill, and recommends what local advocates and state governments can propose into law based on current national trends. The Law Center found the most common state housing protections were ones that:

  • Allow courts to remove the perpetrator of domestic or sexual violence from the respective residence of the survivor, regardless of who is the legal owner of the residence. This legislation is in effect in 80% of states.
  • Protect the identity of the survivor. Many of these statutes make it illegal for a landlord to disclose confidential information (such as the survivor’s address, phone number, social security number, and additional identifying information) subject to court order. This legislation is in effect in 76% of states.
  • Provide housing and relocation assistance to survivors and families who are homeless because of their experience with domestic or sexual violence. Survivors and their children are able to stay in emergency shelters, or receive a financial award for relocation assistance, depending on the respective circumstances. This legislation is in effect in 44% of states.

These housing and relocation protections are crucial to survivors. They empower them to reclaim their true identity and innermost being. The new VAWA provides the best support system to survivors of domestic violence that we have seen up to this date, and even more women will feel they can return to normalcy. That isn’t enough, though. Although VAWA was passed, the re-authorization was stalled for a significant period of time and does not provide the specific protections that state laws do. Different states showcase different trends, and it is up to state law to address the needs of their respective communities. We hope this report is a starting point for your state to make their support system for survivors of domestic violence more substantial, effective, and powerful.

To read the full report, click here.

Interested in learning more? The Center is hosting a free webinar to discuss the report on Thursday, April 4, from 2:00pm-3:00pm EST. Please join us! To learn more and register, please click here.

- Karissa Broderick-Beck, Development & Communications Intern

We Are Alive

Editor’s Note: This is the final part of a series, following The Drifting Dark.

“It’s about the only thing I got.  ’Cause I’ve sinned, man.  Damn, have I sinned.  And been sinned against.”

It’s been a year since I last wrote about “V,” the homeless woman I met outside my K Street office.  I used to buy her lunch, keep her company with idle chat.  When I found out she was suffering abuse from the man she was staying with, I pushed her to take action.  But she wasn’t interested in shelters or police, and I was bankrupt of solutions.

After some months, V disappeared.  She didn’t panhandle outside my office.  Her special hiding place was empty, with no trace of her belongings.  I asked about her in places where homeless people gathered, but no one knew her.

For a while afterward, I’d walk in a pattern around my building before entering the office.  I toured storefronts and corners and back-alleys.  I saw more misery, but none was hers.  Whatever hope I’d begun with eroded each day.

At some point, though the first moments elude me, my walks weren’t about finding her anymore; they were out of habit.  My spirit had gone about its own mission: learning to live with never knowing.

I got used to dragging along her memory.  I put my head down and accepted my station, and saw to its function with purposeful avoidance.  My savage wonder at whether she was dead or alive was pushed deep down inside me.

But I still couldn’t sleep.

 [1]

I’ve got this habit of letting loose paper and 5-Hour Energies pile up in my office.  When critiques have worn me down enough, I’ll do a little cleaning.

In the spring, I was sifting through some old grant files when a strip of gray paper popped out from between two folders and floated to the floor.  I was about to toss it in the garbage when I saw some sloppy cursive writing.

On one line, there was a phone number beside the words: “V (Tim’s Cell).”  On the other was an address.

I felt the blood leave my face.  My breath caught in my throat.  I reread the words again and again, and tried to match them to a memory.  I’d given her my number a dozen times, jotted down on the back of a business card, and chided her each time not to lose it again.  But I couldn’t remember ever receiving hers.

I set the paper on my desk and paced through the office.  Hands shaking at my sides, I stepped out to the bathroom to avoid scrutiny.

I splashed some water on my face and stared in the mirror.  Despair, and then hope, flooded through me in equal measure.

I wiped my face on my sleeve and leaned on the sink.

[2]

“I have no idea where it came from,” I said, chomping violently on my gum.  “It’s like it fell out of the sky.”

My friend nodded sympathetically.  She leaned forward on her forearms and asked: “Did you try calling?”

“Yeah.  Number’s disconnected.  I paid some website to run a trace, but nothing came up.”

“What about the address?”

“Took a look on Google Earth.  Saw what the building looks like.”  I let out a low grunt, glancing out the window.  A cold weight settled on my shoulders.

“I’ve never been closer.  I’ve never had this much information,” I said, before sighing sharply.  “But I don’t know what to do with it.  I’ve got no idea what good it is.”

Her mouth pinched down at the corners.  She was more watching me than listening.  I shook my head and grasped uselessly for some courageous platitude.  All I managed was a shaky breath.

“It’s not your fault,” she said quietly.

I glanced off, eyes unfocusing, and V spun through my head in grainy frames like a psychic microfiche.  All the times I helped her, and all the times I didn’t, flickered in my brain.

It’s kind of sweet the way a friend will lie to you.

[3]

I got a list of every service provider within five miles of the address and called them one by one, while a colleague of mine contacted the shelters near our office.  They all politely told us that they could neither confirm nor deny they knew anyone fitting V’s description.  It’s sound policy, of course; I’m sure abusers call after their victims often.

It was a longshot anyway, given her distrust of institutions.

I read the address off the paper and typed it into Google again.  The building, dull and brown with a beat-up awning, filled my screen.

I pictured her face, creased in fear, as she walked inside.

I put my head in my hands.

 [4]

“You know, we ain’t ever talked about the good book,” she said, taking a sip of her Coke.

I smiled slightly, shielding myself from the sunlight as it bounced off her greasy hair.  “Bring it.”

“You believe in God?  You must—you’re a good guy.”

“Do you?”

“Of course I do,” she said irritably.  “Why the hell else would I call it the ‘good book?’”

I laughed silently, unfolding my legs to lean back against the wall.  I tracked V’s eyes, which had a dreamy quality, to some far-off point.  She looked deathly serious.

“It’s about the only thing I got,” she said.  “’Cause I’ve sinned, man.  Damn, have I sinned.  And been sinned against.  And Jesus says that everything’s forgiven.  No matter how far you fall, he puts his hand out.”

“It’s a nice idea.”

“You done bad things?” she asked.  I shifted uncomfortably, before nodding slightly.  She continued, “You should read the good book.  Explains things—explains why we’re here.  Makes me feel better.”

I looked out at the sundry mass  of people, each individual ensconced in their own affairs.  Some were talking on the phone; others had their head down.  A few were talking to each other.  I smiled self-consciously.

“I think everyone’s wired to look for the point of things—for some reason,” I said.  “ And maybe it’s that.  Or maybe it’s all just bones and leaves.”

V took one of those long sips where you can tell that the can is actually empty.  Her eyes dulled.  I watched her mood lower through the black like a well bucket.

She set her Coke down and looked at her hands.  Then she looked out at the street, and at the sidewalk.  Her eyes took in everything but me.

“I think he’s gonna do something, Andy.”

It was a few days before I found the resolve to review an online archive of violent crimes reported near the address.  The descriptions were vague—just street corners and the type of incident.  There were at least 15 that could have fit.

I called up a friend at a local newspaper and asked him to check my incident list against the paper’s old crime sections.  I was able to rule out most of them, leaving me with three about which I had no information.

I wrote down the case numbers on a post-it note.

[5]

The setup was sort of strange, I thought.  The record office was in the middle of a long, thin corridor.  There was a waiting area with about five seats, and a glass window with a small depression at the bottom for the exchange of paper and money.

I waited in line, nervously flipping the post-it in my hands.  The floor creaked as I tapped the rhythm to Born to Run.

“Next.”

I smiled awkwardly, sliding the post-it under the glass to the clerk.  He looked utterly disinterested when he asked: “Are these your records?”

“Um—well…” I stammered, trailing off helplessly.

He rolled his eyes at me.  “I’m not gonna arrest you.  Just tell me why you want them.”

I looked down in embarrassment.  Then I took a calming breath, rubbing my forehead, and said: “I’m just worried about a friend.”

It was another hour before I’d actually receive the records.  For someone who spends as much time in their own head as I do, it might as well have been a century.

When they finally called my number, I sprang up out of my chair and ripped the papers from his hand.

I walked to the far wall, only slightly aware of my heart hammering against my ribs.  My eyes darted up and down to find the descriptions of each victim.

One by one, I confirmed that none of them were V.

And I was disappointed to realize that it brought me no relief.

[6]

“That’s not going to help her.  If you do that, it has nothing to do with her.  It’s about you—and your guilt.”

Having exhausted my other options, and driven by some primitive, inconsolable anger, I thought about showing up at his door.  In the part of the brain that controls logic and not satisfaction, I knew it was pointless—and that it could make things worse.  But for days, it was almost all I thought about.  I pictured the moment in vivid detail.  I created sounds and smells and manufactured a blissful confrontation.

And that was all about me.

I remember standing over the shredder, directions to the building in hand.  And after a long moment, my shoulders slumped and I dropped them in.

[7]

I’ve always liked the idea of handwritten letters.  There’s so much meaning lost when something’s typed out.  I’m grateful for e-mail; there’s a lot of relationships I’d have lost but for its invention.  And yet sometimes I feel so distant from people.

I must have gone through ten drafts before I settled on a tone.

I told her I was looking for her, and that I hoped she was okay.  I wrote that she should call me, so we could reminisce and speak of the good book.  And I was there for her—ready to help however I could.  I was sorry if I hadn’t helped enough.

I sealed it in an envelope labeled:

To: V
From: Andy

I set out from the office to find her special place.  It was early evening, and the first shadows were cast over everyone as the sun petered out.

About five blocks from the semi-trailer where she used to keep her belongings, a man in his forties, with a long beard that was more gray than black, stepped into my path.

“Yo, my man—you got a minute?”

I nodded, and he moved to one side.  “Here, I’ll walk with you,” he said, matching my gait.  “I’m not trying to hold you up; I just got a favor to ask.”

“What do you need?”

“Look, I’m not some deadbeat, and I know you don’t owe me nothing.  I’m not gonna mug you or anything.”

I grinned a little.  “I’m glad.”

The man repeated his assurance, then told me a long story about how he’d done things he wasn’t proud of—things that put him in prison.  He’d been out a couple weeks now, but he didn’t have any money and he needed to get back to Philadelphia with his girlfriend and her daughter.

“I’m just trying to do things right,” he said.  “I’m not a deadbeat.  My friend in Philly says there’s a job for me, but I gotta get us there.  I gotta get us on a bus.”  He held his hands up and showed me his palms, covered in coarse white lines from a life spent striving.  “God as my witness, whatever your reasons, I’m just asking for a little help.  And if you don’t want to—it’s cool, I understand.  But I’m asking you.  Man to man.”

I asked how much he needed, and gave him that amount.

He stared at the bills, smiling, and shook his head.  Then he slipped the money in his pocket.  I laughed nervously  when he put his arms around me.  It lasted just a moment, as men’s embraces do.

“Thank you.  Whatever…” He shook his head again.  “God bless.”

I glanced down the street.  The alley was in view now.  He followed my eyes and asked: “You in a hurry somewhere?”

“I’m looking for someone—a friend.  I lost her a while back.  She’s homeless.”

“You ain’t seen her?”

“Not in a while.”

A weariless smile tugged at his lips, warping his beard so that it looked like a fake one you’d use to play Santa Claus.  He hummed under his breath.

“I bet you’re gonna find her,” he said happily, nodding to himself.  “I can picture it.  Her face is gonna light up, and she’s gonna give you a big hug.  Gonna be so happy to see you.  I can see it in my head.”

I could see it too.  His vision entered my brain through some osmosis.

He wished me luck, told me to keep my head up.  I asked him to do the same.

Nothing had changed about the alley, or about the narrow passage between the building wall and the semi-trailer where V had taken solace.

I used my phone as a flashlight, sliding through the opening until I felt the far wall.  I squatted down gingerly and shined the light underneath the trailer.

There was no coat, no sleeping bag, no food.  There was no beat-up Walkman, or a woman to play it.  Empty pavement sprawled out before me.

I slid down the brick wall, and put my head on my knees.

I dropped the envelope beside me.

The sun disappeared.

 [8]

After a long, uneven winter, I met the next spring eagerly.  I don’t think we’re built for long nights and short days.  They say the seasons affect our brains, that winter depresses us, but I think it’s something deeper—something science can’t address.

It was the first day I’d seen the sun in weeks.  The air was that perfect kind of cool.

At lunch time, I rode the elevator down with a colleague.  We headed outside, chatting about something trivial.  We were a few feet down the sidewalk when a familiar voice cut through the air.

“Andy!”

V leaned on the wall, cup in hand, and gave me a gummy smile.  It only widened at my paralysis.  I stared dumbly, numb down to my bones.

“I been lookin’ for you,” she said brightly.  “I been asking.  And here you are.”

I took a cautious step toward her, my heart falling into my guts and bouncing back.  I placed a palm on my forehead and let out a breathy laugh.

“Oh my God.  It’s—God, it’s so good to see you!  I’ve—I’ve been looking for you,” I rambled.  “Where have you been?  I’ve—I was so worried about you.”

There was such life in her eyes.  They roamed down her own body, as if to point out her clean clothes.  “I been staying somewhere across town,” she said.

“The guy you were with—”

“I left him,” she said proudly, smiling again.  “Ain’t had nothin’ to do with him.  Been staying with someone else—a nice guy.  Been with him since November and things have been great.  Still can’t get a job, but things are great.  Things are so great.  I even put some weight on, haven’t I?”

I blinked something back, glancing down to hide it.

“It’s so good to see you,” I repeated softly.

“I couldn’t forget you, Andy.  Not if I tried.  Hopefully we’ll be seeing each other now.”

My colleague offered me a pen, and I took out a business card to jot my number on the back.  I had a kind of nostalgic feeling as I smiled and handed it to her.  “Try not to lose this one, would you?”

“I won’t,” she said—just as she always did.  “You’ll be hearin’ from me.”

I nodded skeptically, studying her again—her clarity and cleanness, the spark in her eyes—and I thought back on what she’d been through, and what I’d been through, and about how human life, all of it, is inseparably connected.

I leaned down and held her.

 [9]

I walked out of a meeting with a colleague, and settled back at my desk.

My phone showed a missed call and a voice mail.  It was a D.C. number, but I didn’t recognize it.  I looked through some work e-mails while I held the phone to my ear.

“Hi, Andy,” a warm voice said.  “I know you’re gonna be even more surprised hearing me on the phone.  Told you I wouldn’t lose it!”  She laughed softly.  “I wish I had a camera to take a picture of your face when you saw me.  Wasn’t that a good meeting?”  She paused, taking a long, calm breath.  “I’m gonna get back with you.  Maybe next time I’ll hear your voice.  I love you, my brother.”

I leaned back in my chair, a stupid grin on my face.

My chest filled with peace.

- Andy Beres, Development & Communications Coordinator

Housing is a Right

One of Robert  Frost’s poems includes this exchange, part of a winter conversation between a farmer and his wife:

“Home is the place where, when you have to go there,
They have to take you in.”
“I should have called it
Something you somehow haven’t to deserve.”

To my mind, Frost’s description connotes belonging, community, a sense of place—and a place you have a right to be. And, once you’re there, you cannot be thrown out for no reason, on a moment’s notice, through no fault of your own.

In less poetic terms, these are elements of the human right to housing.

Today millions of people lack that fundamental right: a place where they have to let you in. Millions are homeless—living on the street or in shelters. Many more have lost their own homes and are doubled on with friends or relatives. Yet funding for federal housing assistance has been cuts so deeply that right now only 25 percent of Americans poor enough to qualify actually receive it. That’s why the National Housing Trust Fund is so important: It would create a dedicated source of funding to right this terrible injustice. To see how you can help, click here.

Many more millions of people who now have housing are at risk of losing it: they lack the security of home. Known as “security of tenure,” this element of the human right to housing means that you can’t be evicted without notice, for no good reason. Yet millions of renters now run that risk, when the homes they live in suffer foreclosure. The protecting Tenants at Foreclosure Act, federal  law enacted in 2009, protects tenants, but too often violated. You can read about the law in our new report, Eviction (Without) Notice, which includes the results of our national survey and catalogs violations. To find out how you can help increase compliance, check the recommendations section of the report.

This winter, let’s reflect on the words of the poet—and take action to make home a reality for all.

- Maria Foscarinis, Executive Director

Looking Ahead: Preventing and Ending Homelessness in 2013

Happy 2013!  As we start the new year at the Law Center, we reflect first on last year.  We saw gains in our work on the human right to housing, including the rights of tenants in foreclosure; on fighting the criminalization of homelessness and poverty; securing the voting rights of homeless and poor people; and upholding the right of homeless children to go to school. We mobilized the pro bono resources of dozens of law firms, and worked with allies across the country, including on the first-ever Homeless Bill of Rights.   You can read a fuller overview of our work in 2012 here.

But even as we review these successes, we know that our homeless brothers and sisters are suffering, and that much more remains to be done.

Read more »

Looking Back: A Milestone Year for Homeless Advocacy

The year 2012 was an important milestone for the Law Center, as we marked the 25th anniversary of the McKinney-Vento Act—the first federal legislation to address homelessness—for which our founder and executive director was a primary advocate.  But while great progress has been made since McKinney-Vento’s passage, there is still much to be done.  That’s why we used the occasion to renew our commitment to finish what we started and end homelessness in America.

The year began with exciting achievements in our civil rights and human rights programs.  In February, after observing Sacramento denying sanitation and safe drinking water to homeless residents during a visit organized by the Law Center, the UN Special Rapporteur on Water and Sanitation wrote an unprecedented letter to Mayor Kevin Johnson, calling the City’s actions a blatant violation of human rights.  This sent a powerful message that the U.S. is accountable to its international treaty obligations and generated strong media coverage, which reinforced the human rights implications, helping to change the political playing field and empowering marginalized homeless advocates.

In April, the U.S. Interagency Council on Homelessness and Department of Justice released a report that condemns the criminalization of homelessness, drawing heavily on publications from the Law Center.

Read more »

“Fiscal Cliff” Deal Delays Cuts, But Safety-Net Still in Danger

At the close of 2012, Congress and the Administration faced critical fiscal issues: whether to renew the Bush-era tax cuts; sequestration (spending cuts of up to 8 percent in nearly all social and defense programs); and whether to raise the debt limit.  In a deal approved on New Year’s Day, Congress resolved some of these issues, but mostly kicked the can down the road a few months.

The December agreement, which does not address the debt limit, accomplishes the following:

  • Returns taxes to Clinton-era rates for individuals making over $400,000 and families making over $450,000;
  • Raises capital gains and inheritance taxes for people at the same income levels;
  • Extends federal unemployment insurance for the long-term unemployed;
  • Extends the Farm Bill through September, preventing SNAP (food stamp) cuts during that time;
  • Allows the 2010 payroll tax reduction to expire, but extends other tax credit provisions that benefit low-income Americans; and
  • Postpones sequestration until March.

On the surface, this deal looks good for low-income Americans, as there were very few spending cuts to social or entitlement programs like Medicaid, SSI, and SNAP.  However, the deal does nothing to prevent future cuts to these programs.  In fact, it has made those cuts more likely down the road.

Read more »

New Report Shows Millions of Renters at Risk of Eviction and Homelessness

When the foreclosure crisis began in 2008, the national spotlight was on homeowners.  But research shows that 40 percent of families facing eviction due to foreclosures are renters.  And over the last three years, the total numbers of renters affected by foreclosures has tripled.

Before 2009, renters in foreclosed properties enjoyed no federal protections and state laws varied widely.  Under the laws of many states, even today, the lease agreement between a tenant and a defaulting landlord does not survive foreclosure and tenants who have done everything right, paid their rent on time, and complied with all of the terms of their leases can be legally evicted with little or no notice.

All that changed in May 2009, when, after months of advocacy by the Law Center, Congress passed the Protecting Tenants at Foreclosure Act (PTFA), guaranteeing renters in foreclosed properties at least 90 days’ notice prior to eviction or, in many cases, the right to remain in their home until the end of their lease. While the act was scheduled to sunset in 2010, the Law Center’s advocacy also led to its extension as part of the Dodd-Frank Wall Street Reform of July 2010.

Unfortunately, the law will still expire after 2014 if Congress fails to act.  The Law Center urges Members to act immediately to make PTFA permanent.  Already, the law has prevented millions of renters from eviction and homelessness—and with state laws still not going far enough, it’s incumbent upon the federal government to ensure families are protected.

Even if PTFA becomes permanent, though, our work will not be finished, because as our report released today demonstrates, efforts to improve oversight of PTFA’s implementation must be redoubled.  Violations of the law continue—and as the saying goes, a law is only as good as it is enforced.

Eviction (Without) Notice analyzes results from a nationwide survey of renters and advocates, showing that lack of communication between the new owner and the tenant is the most commonly reported problem.  These communication struggles are largely the fault of landlords whose identities and whereabouts may be unknown to renters as a result of the foreclosure. However, violations take a variety of forms and affect tenants in myriad ways.

After the federal government and state attorneys general signed the historic “National Mortgage Settlement” with the nation’s five largest loan servicers in February 2012, the Law Center conducted further advocacy with the U.S. Department of Housing and Urban Development to ensure PTFA is complied with as required under the settlement.  To ensure renters receive proper notice of their rights—thus preventing wrongful eviction—the Law Center maintains partnerships with direct service providers, the National Association of Realtors, Bank of America, and other lenders and agents.  It also works with federal regulatory agencies to ensure oversight of lenders’ practices. And in the last year, we made important strides in enforcing PTFA through the judicial system, filing amicus briefs in five critical cases in Arizona, California, Oklahoma, and Maryland addressing improper evictions.

The tragedy of violations of the Protecting Tenants at Foreclosure Act is made worse by the injustice of it. Renters are innocent bystanders caught in the crossfire of the foreclosure crisis, becoming vulnerable to homelessness through no fault of their own. Extending the Act’s protections beyond 2014 is not only critical to the housing stability of millions of Americans, but it’s also an important step toward protecting security of tenure as required by the human right to housing.

To read Eviction (Without) Notice, click here.

- Mary Beth Morrissey, Communications Associate

Homelessness & Human Rights Day

December 10 is Human Rights Day, a global day of recognition of the basic rights that are fundamental to all human beings.  At the Law Center, we’re taking the opportunity to update our report card on U.S. compliance with the human right to housing for 2012. While there are some bright spots, I’m sorry to say that overall the grades are poor. We have much work yet to do, and I hope we can count on your support going forward.

Safe, decent, affordable housing is a basic human right, recognized globally and defined with specificity in international law. But while the U.S. was a leader in establishing and championing international human rights law and institutions over 60 years ago, and continues to speak out as a leader on the global stage, unfortunately here at home our words do not match our reality. Read more »