Greece and Parma receive funding to rebuild after flooding –

Greece and Parma receive funding to rebuild after flooding

by: Velvet Spicer

The towns of Greece and Parma have received $942,000 to restore and rebuild following last year’s Lake Ontario flooding, Gov. Andrew Cuomo announced last week. The funding is being used to reimburse for emergency costs as well as rebuild and fortify the infrastructure to protect communities from future damage.

The state has committed $55 million to recovery efforts to support homeowners, small businesses and community infrastructure.

“Last year these Monroe County communities experienced severe flooding along the shores of Lake Ontario, and we continue to stand with members of our New York family who are still recovering,” Cuomo said in a statement Thursday. “This funding will continue to give real relief (to) these communities and help Greece and Parma build back stronger and smarter than ever before.”

The Town of Greece has been awarded more than $576,000 to cover reimbursements related to the flood damage, inspection services for potentially at-risk areas and the implementation of traffic control measures. Roughly 97,000 residents were affected by the flooding that occurred along the Lake Ontario coastline from Braddock Bay to Round Pond.

Parma has received more than $366,000 in grant funds to cover emergency expenses, inspection services for at-risk areas, traffic control measure, the purchase of equipment to pump overburdened storm drains and other items. Some 16,000 residents were affected by major flood damage where a break wall eroded.

“The flooding of Lake Ontario in 2017 took a significant toll on public infrastructure and therefore impacted every local taxpayer, not just those who live near the lake,” Monroe County Executive Cheryl Dinolfo said. “Our county teams worked hard to ensure that no public services were disrupted by the flooding, but even now we are still repairing impacted infrastructure while reinvesting in improvement projects to prevent future damage.” / 585-653-4021
Follow Velvet Spicer on Twitter: @Velvet_Spicer

Greece and Parma receive funding to rebuild after flooding 

Washington Post: HUD looks to remove anti-discrimination language from mission statement

Washington Post: HUD looks to remove anti-discrimination language from mission statement

By: Eli Watkins, CNN

(CNN)The Department of Housing and Urban Development is looking to remove anti-discrimination language from its mission statement, The Washington Post reported Wednesday.

The department announced that it was considering changing the mission statement in an open letter to employees from Secretary Ben Carson on Thursday. But Carson’s letter denied the changes “signal some sort of retreat from our legal and rightful role in protecting Americans from housing discrimination.”

“The Department’s mission statement has changed from time to time to capture the dynamic nature of our work. …” Carson added. “But the notion that any new mission statement would reflect a lack of commitment to fair housing is nonsense.”

A HUD spokesman told CNN on Wednesday that “no new statement has been decided upon,” and said the past two administrations had changed the department’s mission statement.

The mission statement as currently written says the department’s mission includes building “inclusive and sustainable communities free from discrimination.”

A memo obtained by Huffington Post that HUD reportedly verified to The Washington Post has language that would shorten the statement significantly, including the words “free from discrimination,” and insert a focus on ensuring “opportunities to achieve self-sufficiency.”

According to the reports, HUD official Amy Thompson wrote in the memo that the statement included input from HUD Secretary Ben Carson, who recently came under fire for lavish spending.

In a statement on Wednesday, HUD acknowledged that it is seeking to make “modest changes to the department’s mission statement” and said it would nevertheless continue to try to oppose discrimination in housing.

The statement continued, “Any mission statement for this department will embody the principle of fairness as a central element of everything we do. HUD has been, is now, and always will be committed to ensuring inclusive housing, free from discrimination for all Americans.”

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Bringing “Zombies” Back to Life –

Bringing “Zombies” Back to Life

by: Katherine Greider

For years, code enforcement officers in the Western New York state Town of Cheektowaga had been aware of decaying properties in their midst, but finding a party to cite for code violations had been difficult, and getting compliance was nearly impossible. In some cases, town officials watched in frustration as heavy winters further deteriorated a vacant home, turning it from a local asset to eyesore, and then hazard. A worst-case scenario was that the home would end its life as a ruin, to be demolished and carted away at a cost of thousands or even tens of thousands of dollars—paid for by local taxpayers.

Since the collapse of the housing market after the Great Recession, thousands of properties stuck in foreclosure limbo—also called zombie properties—have been left vacant and deteriorating in towns and cities across the state. With the owner of record long gone and the bank showing little progress toward taking possession, the burden of maintaining these semi-foreclosed properties has often fallen on strapped municipal governments.

Recently, with seed money from a settlement between the New York State Attorney General Eric T. Schneiderman and a major bank over misconduct that led to the housing crisis, 76 New York municipalities are working to push these homes back into productive use. In the process, they are gaining fine-grained intelligence about clusters of vacant homes in their neighborhoods and developing preventative tools that can protect and benefit their communities into the future.

The Story of Zombie Remediation

In early 2017, the Local Initiatives Support Corporation (LISC) was enlisted to deploy and steward $70 million of the settlement. The settlement funds are in place to create and preserve affordable housing across the state and support 11 of its land banks—nonprofit entities empowered to acquire distressed properties at low cost and rehabilitate them when possible.

The “zombie relief” grants represent $12.6 million of the settlement, and will support the capacity of New York municipalities to inventory vacant and abandoned homes, dig into the causes of vacancy, step up code enforcement, and innovate policies that can put an end to the phenomenon. The grants are also connecting local governments with the specialized nonprofits to reach out to at-risk homeowners to offer foreclosure prevention counseling.

Grants are prioritized to towns and cities with at least 100 vacant properties. Through monthly check-ins with grantees, LISC is gathering insight from across the network, sharing it in real time, and brainstorming. Some towns, for example, are finding that they need to upgrade technology for code enforcement officers; others are discovering a need for legal research and representation.

“If you put more effort at the front end, at prevention and early intervention, even with limited resources you can do more to avoid blight,” says LISC’s Helene Caloir. “You can manage it in a way that doesn’t create this terrible cycle.”

Two Towns’ Assault on Zombies

This brainstorming has been ongoing in about a dozen municipalities in Western New York, a region that has struggled to address a surfeit of vacant properties since long before the foreclosure crisis added zombie homes to the mix.

The problem takes a variety of forms. On Buffalo’s East Side, abandonment may cast a pall over an entire block. Meanwhile, in Cheektowaga, a middle-class community along Buffalo’s eastern city limits, vacant homes burden municipal services and threaten to destabilize otherwise vibrant streets.

The complicated stories around each of these properties—their physical, legal, and financial status—may be quite different, too, and so piecing together the facts is a labor-intensive but necessary step toward preserving a building’s value and future reoccupation.

Using its $250,000 grant, the Town of Cheektowaga began by conducting street-by-street external inspections to update its vacant properties list and enlisting a part-time clerk and the legal nonprofit Western New York Law Center to research ownership and associated liens. By November 2017, Dale Marie Parks, a planner for the town, had a data-rich map and roster of 389 vacant properties. Some are habitable and some must be demolished, but most fall into a middle category of “need work.”

And as it turns out, nearly a quarter of Cheektowaga’s vacant homes are “bank-involved,” or somewhere in the foreclosure process, but it now has the data and resources to stanch the downward spiral.

With a detailed, up-to-date list, officials are ready to mount the town’s first major test of a state law passed in June 2016 that requires the foreclosing banks to secure and maintain vacant homes during the foreclosure process. “We’re going to send our inspectors out to do full citations on those in disrepair,” said Willis. “Our next step is to start contacting banks.”

Another piece of the zombie program is connecting distressed homeowners to counseling and representation. Kate Lockhart, a paralegal at the Western New York Law Center, has seen the zombie drama unfold from a human angle. Many homeowners she has spoken with mistakenly assumed they had to leave their homes as soon as the initial notice of foreclosure arrived in the mail. Others, still reeling from personal crises that made them unable to make house payments—job loss, divorce, the death or illness of a breadwinner—were desperate to move on.

“I heard time and time again people saying they couldn’t stay in this house, they needed to leave and wanted to turn the house over to the bank,” said Lockhart. “But the bank won’t just take a property from you. Even if you apply for a deed in lieu of a foreclosure, where the bank does take title instead of a foreclosure, it’s still months of paperwork.”

As part of its zombie grant, Cheektowaga plans concentrated outreach to homeowners, both those who may be at risk for foreclosure, such as low-income seniors, and owners of zombie properties who may be helped to get back into—or out from under—their properties.

In the neighboring town of West Seneca, also a grantee, Lockhart has already helped homeowners achieve beneficial outcomes in two cases where research revealed the bank had discharged the mortgage—in essence, walked away from the vacant home.

In one case, the owner moved back in. In another, an 88-year-old woman, after six long years of worry, was finally able to unload the two-unit property she’d owned with her son. She will receive a small sum from the sale, and the buyer intends to fix up the 100-year-old dwelling.

Cheektowaga and other towns also work with the Buffalo Erie Niagara Land Improvement Corporation (BENLIC), the regional land bank that in its four years of operation has become a major partner to many of the western New York cities and towns.

In a so-called “super bid,” BENLIC can obtain empty homes at the county tax auction at greatly reduced prices then resell them with a scope of work the buyer is required to complete to bring the homes back to life and onto the tax rolls. The land bank may also return lots back to the town to build infill housing for income-qualified, first-time homebuyers.

Bringing “Zombies” Back to Life

House of Mercy gets convertible sleeping bag-backpack-coats –

House of Mercy gets convertible sleeping bag-backpack-coats

by: WHAM

Rochester, N.Y. (WHAM) – One of the lead organizations that helps to care for the homeless in Rochester is getting some help.

The BodyMind Float Center donated 50 Empowerment coats to the House of Mercy in Rochester.

The coats can convert to sleeping bags and also backpacks for people who live on the streets and will not go to shelters.

“These help them survive better,” said Sister Grace Miller, who runs the House of Mercy. “They don’t have to be afraid; they know they are can be warm and can wear them and use them. I’ve never seen anything like it before. It’s a great invention.”

Sister Grace said the coats will be given to people living on the street who don’t like crowds and want to be alone.

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BATAVIA/Services offered to landlords by the City of Batavia Police Department –

BATAVIA/Services offered to landlords by the City of Batavia Police Department

Press Release

As part of our continued community partnership, the Batavia Police Department offers the following services to landlords in an effort to help them choose the best possible tenants and evaluate police responses to their properties. These services were developed in direct response to feedback the department received from landlords and directly address the concerns they had.

Below are the listed services and information on both programs.

Property Owner FOIL (Freedom Of Information Law) Request – This service will tell landlords how many times the Batavia Police Department has responded to a property within the time frame requested. After the initial request, we will provide a monthly contact summary every month on the second Tuesday of the month. Landlords can have the information emailed to them at no cost. For a hard copy, a charge of $.25 per page will be assessed. Copies of actual reports will not be provided.

Tenant Background Check – This service will show landlords the times a potential tenant has been arrested. This information will only show arrests and not how many times the potential tenant has had police contact. The information provided will include arrests from the Batavia Police Department ONLY and will cover the previous 5 years. The potential tenant will have to submit the background check form, in person, as we must verify their identity. Cost for this service is $10 which will need to be collected from the potential tenant at the time the form is turned in. The background form cannot be turned in by the landlord.

Copies of the above request forms can be found under the “Police Department” section on the City of Batavia’s website located at Forms can also be provided via email, US Mail or by stopping at Batavia Police Headquarters located at 10 W. Main St., Batavia, NY 14020. Results can be sent via email, US Mail or in person.

Landlords who have questions or desire further information on the programs can contact the Batavia Police Department, Monday – Friday 8:00 AM – 4:00 PM at 585-345-6356.

BATAVIA/Services offered to landlords by the City of Batavia Police Department

Monroe, Cayuga are in the money: FEMA amends shoreline disaster area – Democrat & Chronicle

Monroe, Cayuga are in the money: FEMA amends shoreline disaster area

by: Steve Orr

Two months after omitting municipalities in Monroe and Cayuga counties from its Lake Ontario flooding disaster area, federal officials have amended the declaration to make them eligible.

President Donald Trump declared the shoreline a disaster area on Nov. 14, which made government agencies in lake shore communities eligible for federal aid to help cover damage to public property and money spent responding to the historic shoreline flooding.

Monroe’s omission, in particular, was surprising, because local governments had spent considerable money responding to months of high water on the lake. Officials later acknowledged that the damage assessment in Monroe had been mysteriously cut short.

State officials blamed the county, and county officials blamed the state. What really happened remains unclear.

Nonetheless, state emergency officials appealed to the Federal Emergency Management Agency to revisit the damage assessments in Monroe and Cayuga counties.

After field visits and paperwork review, FEMA and other officials announced Friday that the two counties had surpassed their thresholds and were now included.

The new preliminary damage estimate for Monroe County is $3,338,996, compared to the county’s population-base threshold of about $2.7 million. Cayuga’s estimate is $364,837 versus a threshold of about $289,000.

FEMA customarily reimburses local governments up to 75 percent of eligible costs.

Officials in Rochester, Albany and Washington, D.C. who had lobbied FEMA to amend its declaration were quick to heap praise on the agency. County Executive Cheryl Dinolfo said its action “will help local governments receive fair funding for costs incurred as a result of significant flooding along Lake Ontario last year.

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19th Ward is seeing an upswing in real estate activity – Democrat & Chronicle

19th Ward is seeing an upswing in real estate activity

by: Mary Chao

The two-story home off Genesee Street in the 19th Ward had seen better days. Vandals tore through the century-old building, ripping out copper for resale with the entire interior and exterior falling apart from years of neglect and vacancy.

While many would see the zombie home as urban blight, Mark Updegraff saw it as an opportunity. He purchased the 2,500-square-foot dilapidated home for $33,000 in 2017 as an investment, fixing it up to lease.

“This is a popular area for investors,” Updegraff said of the 19th Ward, noting its proximity to University of Rochester and the interest in walkable neighborhoods.

The Barton Street home is the latest in a series of investments in the 19th Ward for Updegraff. When it’s all said and done, there will be two more units in his portfolio available for lease. In total, Updegraff, 38, has fixed up 30 separate buildings in the 19th Ward, with 50 rental units that his company manages. What began as a way to bridge the financial gap after he was laid off has turned into a full-time new career, with The Updegraff Group employing 27 staffers at his real estate and property management company.

The Great Recession

A graduate from Rochester Institute of Technology’s image and photographic technology program in 1997, Updegraff went on to work at ITT in Rochester. But when the company lost a large government contract in the midst of the Great Recession in 2008, Updegraff found himself out of work. He could return to his roots in Williamsport, Pennsylvania, but his wife, Maria, a graduate of University of Rochester, insisted on staying in their adopted hometown. So Updegraff had to adjust and adapt, starting a new career in real estate.

Fortunately for Updegraff, he had invested in rental properties while he was working, so he had some seed money in the form of equity. He obtained his real estate license and found rapport with clients who were seeking a low pressure agent who didn’t push for a sale. Updegraff would also scout out distressed homes to fix up as investments.

The city’s 19th Ward called out to Updegraff. The southwest city neighborhood is filled with tree-lined streets and grand homes from yesteryear. There’s a mix of racial, ethnic and economic diversity with doctors, students, politicians and poor families all living along side each other.

Updegraff scouted for distressed properties, doing his part to help the zombie home problem.

“We go into these areas knowing it will be a hard and slow battle, but if we endure and work together, we can change neighborhoods,” Updegraff said.

The best part about restoring homes for rental is that it attracts caring tenants, he added. But he understands that it may be a struggle to retain these tenants in locations where bad elements live in close proximity.

 A lot of the dilapidated homes have people who live there who get their income from illicit activities, Updegraff said.  These homes look like zombie properties without being vacant, he explained. When these homes spread in an area, some stakeholders will turn their backs out of frustration, which leads to foreclosure or demolition. Vacant homes provide a breeding ground for more illicit activities and the problem just grows, Updegraff said.

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Attention senior citizens: NY may freeze, then eliminate, your school taxes – Democrat & Chronicle

Attention senior citizens: NY may freeze, then eliminate, your school taxes

by: Joseph Spector

ALBANY — Senior citizens in New York could see a big property-tax break and all other homeowners would get a larger tax rebate under a proposal unveiled Tuesday by the Republican-led state Senate.

The $5 billion plan over 10 years, senators said, would help lower property taxes in New York, which is among the most expensive places to live in the nation.

But how the Republicans would pay for the plan and whether Gov. Andrew Cuomo and Democrats who control the Assembly would support it is uncertain.

The state also faces fiscal troubles: a $4.4 billion deficit for the upcoming year.

Still, Republicans were undaunted, saying property taxpayers deserve a break and that their plan would curb the exodus of New Yorkers leaving for other states.

“We rank the bottom of the list when it comes to business climate,” said Sen. Fred Akshar, R-Colesville, Broome County, said at a Capitol news conference with his colleagues.

“We rank the bottom of the list when it comes to taxes and affordability. But there’s one place where we’re ranked number one, and that’s in outmigration of people.”

Under the plan, senior citizens would initially have their school taxes — the largest part of a property-tax bill — frozen. Then, all school taxes would be phased out after 10 years.

The Senate GOP also proposed doubling the state’s current exemption on pension income, which the senators claimed would save seniors $275 million a year and help avoid them leaving to low-tax states.

Additionally, the current property-tax-rebate checks that go to more than 2 million homeowners would be increased by 25 percent.

“These checks currently provide direct, much-needed relief through checks in the mail to
homeowners and increasing their amount will help further ease the local tax
burden,” the Senate’s “Affordability Agenda” said.

New York already spends more than $3 billion on a year on its STAR rebate program, which provides savings for homeowners and seniors on their school taxes.

For those income eligible, the average basic STAR credit in 2016 was $750, while the average Enhanced STAR was about $1,400 for eligible seniors.

The state is also in the second year of a property-tax-rebate check program that provides a portion of the STAR savings back to homeowners based on income.

Those checks are currently going out.

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NY may scrap its income tax for a payroll tax – Democrat & Chronicle

NY may scrap its income tax for a payroll tax

by: Joseph Spector, Albany Bureau Chief

ALBANY — New York may end its income tax and instead expand its payroll tax as a way to outmaneuver the new federal law that limits deductions for state and local taxes.

Gov. Andrew Cuomo said Wednesday during his State of the State address that he is exploring how to make the complicated switch, joining other high-tax states in considering how to protect residents’ tax deductions and state revenue.

California and New Jersey leaders have also discussed similar steps, such as programs to allow people to pay charitable contributions to their state governments — rather than pay income taxes.

“It’s a question of our competitiveness long-term and preserving the strength of New York state and New York’s state economy,” Cuomo said, “at a time when we have federal government that is giving other states a structural competitive advantage against us.”

Cuomo also said New York will sue the federal government to fight the tax law, and he vowed to lead a national effort to get the law repealed.

Responding to Washington

Business groups and Republicans have criticized Cuomo’s positions, saying New York should find ways to lower taxes rather than look to fiscal gimmicks.

“Overhauling our tax code should include a thorough examination of our existing unsustainable spending, not imposing a potentially complicated payroll tax on employers,” said Mike Durant, state director of the National Federation of Independent Business.

Cuomo, who is seeking re-election in November and is a potential presidential candidate in 2020, is expected to provide more details about his plans in his proposed state budget later this month.

The ideas are aimed at combating the $10,000 cap on state and local tax deductionsput into the federal tax plan approved by Congress and President Donald Trump last month.

It hurts high-tax states’ wealthy residents who easily exceed the cap. The average deduction in California, New York and New Jersey were each over $17,000 in 2015, according to the Government Finance Officers Association.

Since some residents won’t be able to deduct their full state taxes when they itemize their income taxes, a move toward a broader payroll tax could be a way to protect income, supporters say.

Income taxes would end, but employers would then essentially collect the same in payroll tax from employees. Employers and employees would be taxed more, advocates say, but it would still allow for the full deductibility of taxes.

And most importantly for states, it could allow them to maintain their level of tax revenue and avoid residents leaving for lower-tax states.

It would also, to the delight of Democrats in high-tax states, limit how much the federal government would collect in new tax revenue to fund its $1.7 trillion tax cut.

“If the income tax is reduced by the same amount as the payroll tax, the state gets the same amount of money, the worker ends up in the same place and the Republicans don’t get to screw the blue states,” Dean Baker, an economist at the Center for Economic and Policy Research, a left-leaning think tank in Washington D.C., wrote Dec. 20.

Charitable contributions

Cuomo also noted the charitable contribution option.

Some states, like California, are considering a way to set up a charitable organization so residents can donate to the state to pay for programs and services in lieu of paying income taxes — thus allowing the contributions to be deductible.

In California, Senate President Pro Tem Kevin de León has had a bill to create a California Excellence Fund to “allow a credit equal to the amount contributed by the taxpayer” to the state.

Exploring ways to usurp the federal tax plan should be considered as a way to protect taxpayers and the state coffers, Democrats and progressive groups in New York said.

“It’s really complicated, as the governor said, but I think it’s a requirement now for us to look at ways to work within the construct the federal government has set up and really try to shield everyday New Yorkers from the harmful impacts,” Assembly Majority Leader Joseph Morelle, D-Irondequoit, said.

Democrats in the state Legislature have pushed for higher taxes on the wealthy, but that plan faces an increasingly uphill battle because of the federal tax overhaul.

Cuomo, instead, suggested he might look at other ways to protect state tax dollars, noting he may want to end a so-called carried interest loophole that benefits Wall Street.

“It is complicated, it is difficult, but it is clear that we must protect New York taxpayers from this assault,” Cuomo said.

Still, there are plenty of unanswered questions, including the legality of the ideas and how the federal government would respond.

Also, New York has a progressive income-tax system where higher-income residents pay more in taxes. A switch to a payroll tax would complicate it, said E.J. McMahon, founder of the fiscally conservative Empire Center, an Albany-based think tank.

Any plan would need to ensure lower- and middle-income New Yorkers aren’t hurt, said Ron Deutsch, executive director of the Fiscal Policy Institute, a labor-backed group in Albany.

“Looking at the swap between payroll and income taxes is interesting.” Deutsch said. “But it is potentially fraught with some pitfalls that would need to be addressed. We would need to make sure it is fair and equitable.”

Still, Rep. John Faso, R-Kinderhook, Columbia County, said Cuomo should look to his own state budget before knocking Washington. Faso voted against the tax bill, but has been critical of state spending.

“Changing to a payroll tax system would be extremely complicated and will likely be met with resistance from taxpayers and businesses alike,” Faso said in a statement.

“The solution is to lower the cost of government in New York and make our state a place where businesses can create jobs so our people don’t have to flee.”

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The National Low Income Housing Coalition estimates that rental properties make up at least 40% of all households affected by foreclosure across the country; in New York the number may be as high as 56%.

Another issue for tenants in foreclosed properties is property maintenance. During the foreclosure process, it can be difficult to determine who is responsible for maintenance of the property.

The current property owner, the tenants, the foreclosing party (usually a bank), and the new owner of a property going through foreclosure all have certain rights and obligations.


Pre-Foreclosure Notice

At the start of the foreclosure action, the bank must notify all tenants that the property is the subject of a foreclosure action. Tenants must receive this notice before any post-foreclosure eviction action may be brought in court. The bank must provide its name, address, and telephone number on all notices to tenants.
For buildings with fewer than five rental units, the bank must deliver notice directly to each tenant by certified, first-class mail. For buildings with five or more rental units, the bank may instead post copies of the notice on the outside of each of the building’s entrances and exits.
This is an important right. While this doesn’t protect you from foreclosure, it does let you know what’s going on, and who is involved and enables you to start planning for the future.

Tenants May Be Named in the Foreclosure Action

The bank may name each tenant as a defendant in the foreclosure action. In such cases, the tenant will receive a formal summons and complaint from the county clerk. This filing generally serves as a secondary notice to ensure that all tenants are aware of the foreclosure. Although named as a defendant, the tenant has no legal obligation to appear in court to defend the action.


Continue to pay your rent. Before ownership is transferred to a new owner tenants remain subject to the requirements of their lease agreements, including payment of rent to the landlord. In some cases, a receiver may be appointed to manage rental payments while the action is pending. If a receiver is appointed, tenants should receive proof of appointment and information on how to submit rental payments to the receiver instead of to the landlord.

During the pending action, the landlord is required to maintain the property as they would in the absence of any foreclosure action.


The foreclosing party must notify all affected tenants of the outcome of the foreclosure judgment. There is typically a lapse between the final foreclosure judgment – which revokes ownership from the landlord – and the foreclosure sale, which completes the sale and transfer of title to a new owner. During this time, the bank has a duty to maintain the property.


After the foreclosure sale is complete and title is transferred to a new owner, the new owner must provide written notice to all tenants providing the new owner’s name and address, and advising tenants of the following rights:

Tenants in Rent-Controlled & Rent Stabilized Units: Regardless of the outcome of a foreclosure, tenants in rent-controlled and rent-stabilized units maintain the same rights and obligations as they did under agreements with their previous landlords. The only change is the party to whom they submit their rental payments. The new owner must continue to comply with all laws and regulations that apply to units subject to
rent control and rent stabilization.

The only exception to the above is that a new owner can evict a tenant, in only one unit, if the owner intends to occupy that unit as his/her primary residence. In that case, the new owner must provide notice to vacate at least 90 days prior to the effective date of eviction.

Tenants in Section 8 Housing: The rights of tenants in Section 8 housing are almost the same as for rent controlled and rent stabilized tenants, except that the standard for eviction is “for serious or repeated violations of the terms and conditions of the lease, for violation of applicable Federal, State, or local law, or for other good cause.” Change of ownership due to foreclosure is not in itself good cause for eviction so in the absence of other compelling circumstances Section 8 tenants may not be evicted by the new owner. The same exception noted above regarding owner’s use as primary residence applies to Section 8 tenants.

Tenants in Non-Regulated Units: Tenants residing in units that are not subject to rent control or rent stabilization may retain occupancy either until the end of their lease term or for 90 days after receipt of the notice from the new owner, whichever is greater.

Tenants in non-regulated units who wish to remain in their apartment should communicate so directly with the new owner, however, the new owner is under no obligation to extend tenant occupancy beyond the expiration of the original lease agreement or beyond 90 days in the absence of a written agreement.

Tenants that do not have a written lease may remain in the unit for 90 days, paying the same rent they had under the previous ownership.

If you are a tenant and feel you are being wrongly evicted you should consult an attorney. If you do not have an attorney, call the New York State Bar Association’s Lawyer Referral Program at (800) 342-3661 to find one. If you do not think you can afford a lawyer, you may qualify for free legal assistance. For more information,
you can call the Legal Aid office in your area, visit Law Help at or call our Foreclosure Relief Hot Line at (800) 269-0990 for assistance in locating free legal services in your area.