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I Rent My Home, And The Property Is Being Foreclosed. What Are My Rights As A Renter?

Tenants have rights in New York, but how you are protected often depends on the status of the housing you live in.

Tenants living in rent-controlled dwellings maintain all the rights and responsibilities they had before the foreclosure action. Who they pay rent to will change, but otherwise, things tend to stay the same – with one major caveat: The new owner of the building is permitted to evict the occupant of one unit if they intend to reside in the building.

An evicted tenant in these circumstances has 90 days to move.

If you live in Section 8 housing, you have most of the same protections of rent-controlled dwellings. New owners have a little more leeway in trying to evict if they choose to, but they have to show cause and you can fight it.

In other dwellings, tenants can remain until the end of their lease, or 90 days from the day the new owner notifies you of ownership, whichever is greater.

It is common for longstanding tenants with good payment histories to remain under new owners, but sometimes those owners have other plans for the building.

If you’re concerned about foreclosure action on the building or home in which you live, call the tenant’s rights attorneys at Zelenitz, Shapiro & D’Agostino today at 718-599-1111 for a free consultation.