Tenant Protection Bills Proposed in Several States
Legislation Update
February 9, 2017
Tenant Protection
Indiana
HB 1294
- HB 1294 was introduced and had its first reading and referred to the Committee on Judiciary on January 10.
- Bill Digest:
“Tenant eviction upon foreclosure. Provides that if real property subject to a judgment of foreclosure is occupied by a tenant on the date a deed of conveyance is executed following the foreclosure judgment, the immediate successor in interest to the property must provide to the tenant any notice to vacate the premises at least 90 days before the date on which the tenant must vacate the premises. Specifies that this provision does not affect the requirements for termination of a rental agreement or for a tenant’s occupancy of the premises under: (1) any federal or state subsidized tenancy; or (2) any federal, state, or local law or regulation that provides for longer periods of occupancy or other additional protections for tenants.”
Source: Indiana General Assembly (HB 1294 full text)
New York
A2803
- A2803 was introduced and referred to the Committee on Judiciary on January 23. The bill would “Expand(s) the definition of “tenant” for the purposes of required notice during a mortgage foreclosure action”.
Source: The New York State Senate (A2803 full text)
S02443
- S02443 was introduced and referred to the Committee on on Housing, Construction and Community Development on January 13. The bill would “Grant(s) tenants relocation costs from the proceeds of a foreclosure sale”.
Source: New York State Assembly (S02443 full text)
Virginia
HB 1623E
- HB 1623E passed the Senate with substitute on February 9.
- Summary as Passed House:
Residential rental property. Provides that if a residential dwelling unit is foreclosed upon and there is a tenant living in the dwelling unit at the time of the foreclosure, the foreclosure shall act as a termination of the rental agreement by the landlord. The bill provides that in such case, the tenant may remain in possession of the dwelling unit as a month-to-month tenant on the terms of the terminated agreement until the new owner gives notice of termination of such month-to-month tenancy. The bill also requires a current owner of rental property who has entered into a written property management agreement with a managing agent and who has subsequently entered into a purchase agreement with a new owner to give written notice to the managing agent requesting payment of security deposits to the current owner prior to settlement with the new owner. The bill requires the managing agent to transfer the security deposits to the current owner and provide written notice to each tenant that his security deposit has been transferred.
Source: Virginia State Assembly (HB 1623E full text)
