90-DAYS OR MORE FOR TERMINATION (EVICTION) NOTICE REQUIREMENT AND FORECLOSURE IS NOT GOOD CAUSE TO TERMINATE THE TENANCY
On May 20, 2009 a new federal law protecting your rights became law (Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, § 702 (2009). Section 8 housing choice voucher tenants have new rights regarding eviction from units that have been foreclosed upon. The new owner, who now owns your home as a result of the foreclosure, must follow these rules:
1) If you have a lease for a fixed term, such as one year, and the lease has not expired, you have a right to remain in the unit and cannot be evicted (except for actions that you, members of your family or your guests take which constitute good cause) until the end of the lease term.
2) If your lease ends in less than 90 days the new owner may not evict you without giving you at a minimum 90 days notice.
3) The new owner wanting the property vacant before they sell it is not good cause for terminating the tenancy or for eviction.
4) There is one exception to the rule that you may not be evicted during the term of your lease. If the new owner who acquired the property at foreclosure wants to occupy the unit as his or her primary residence, that owner may give you a 90 day notice to vacate your home even if your lease runs for longer than 90 days. If the new owner tells you that you have to leave, offers you money to leave or gives you a notice of eviction, you should contact your worker at the Garden Grove Housing Authority - tell us what is happening and give us a copy of any notice. You may also contact the Fair Housing Foundation, toll free, at: (800) 446-3247