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Foreclosures and subsidized tenants

Low-income tenants with Section 8 rental subsidies are increasingly facing eviction from properties going into foreclosure — often with no warning, and with fewer protections than other renters have.

Often they’ve been paying rent throughout the foreclosure process, with no knowledge that their tenancy was threatened, said Andrea Button of the Legal Assistance Foundation.

“In many cases they don’t know anything until a foreclosure notice is posted on the door, or they just get eviction papers,” she said. “In some cases the landlords have just skipped town.”

A new state law gives tenants up to 120 days from the time they receive notice of foreclosure (less if their lease expires earlier) before they have to vacate a foreclosed property. But they have to continue paying rent.

The problem is that Section 8 renters’ subsidies are provided through a contract with the building owner. When a bank or mortgage company takes possession, the subsidy ends, and the new owner has a right to demand market rent. “And there’s no way (tenants) can afford that,” Button said.

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