Banks flout landlord laws when they foreclose on rentals


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ForeclosureThe foreclosure crisis hasn’t only been bad for members of the ownership society, it hit renters hard too. Oftentimes, when landlords can’t pay their mortgage, it’s the tenants who lose their home. A bill before the General Assembly would change that by making banks adhere to the same rules that other people who profit from property have to follow.

According to Christopher Rotondo, of Direct Action for Rights and Equality, an organization that advocates for marginalized Rhode Islanders, the bill “would mandate banks accept rent from tenants who live in buildings that bank owns because of foreclosure. The title refers to “just causes” for eviction which are established by RI landlord-tenant law. The bill clarifies banks’ ambiguous role as a landlord under that law.”

Rotondo added, “If our bill became law, a bank – just like any landlord – would need a “just cause” to evict tenants (and the bill makes clear that people must be “bona-fide” tenants, not squatters). Currently, bank’s general practice is to evict all of the residents once they take over a building, even if those tenants are up to date on rent and have done nothing to warrant eviction.”

In short, the bill protects tenants from being punished for their landlords actions while closing a loophole banks were taking advantage of. It makes a lot of sense and, after meeting with industry lobbyists eight times and agreeing on language, advocates were looking forward to smooth sailing through the committee process. But in true end-of-the-session fashion, there are some last minute changes that Rotondo said violate their previous agreements.

“We were stunned to find out that House leadership had changed our bill right before it was scheduled for consideration in House Judiciary,” Rotondo said. “We’d like to make clear that House and Senate leadership are siding with banks and against residents on this important issue.”

Rotondo sent me an email detailing DARE’s opposition to the amendments:

– Our bill makes banks that take over ownership of foreclosed buildings accountable to the RI Landlord – Tenant Act. This would mean a bank would be responsible for conditions, accepting rent, and other provisions of the act (just like any other landlord in the state) and tenants would be required to abide by the laws provisions as well. Our goal with the bill was to clarify banks’ ambiguous role as property owners, especially when those properties are occupied, by making the same laws apply to them as currently apply to all other landlords.
The banking lobby wanted to be exempt from the RI Landlord-Tenant Act, but still wanted to collect rent from the tenants!
– Our bill mandated that banks maintain (law-abiding, rent-paying) tenants until the house is sold to a third party. Once a purchase and sale agreement was signed, the bank could evict tenants without just cause, if the purchaser made it a condition of the sale.
The banking lobby wanted to limit tenancy to 120 days, at which point tenants could be evicted without just cause. I was told this 120 day provision was included in the bill that came down from House leadership. A federal law already protects tenants in foreclosed property from eviction for 90 days. This means the bank lobby only wanted to extend the time allotted a tenant by 30 days.
– Finally, the bank lobby introduced a sunset clause into their “compromise” during the study commission, which would make the bill sunset on December 31, 2014. They claimed that the foreclosure crisis was a temporary situation and that the law would not need to remain on the books.

We did not agree to this sunset provision, given that our bill has a natural sunset – when the housing market recovers, and banks are no longer foreclosing on loans, or maintaining ownership of foreclosed property, the law would simply not apply. Their proposed sunset is the same date at which the federal law – the Protecting Tenants in Foreclosure Act – would sunset.

Plea to Policymakers: Drive Down the Cost of Living


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Hours to afford rent at minimum wage by state in 2012. (via NLIHC)

The National Low Income Housing Coalition (NLIHC) has released its Out of Reach 2013 report, detailing the state of housing affordability in the United States. As is to be expected, the report finds the state of housing affordability to be abysmal. To afford a two bedroom apartment at fair market rent (FMR) in the United States (the Department of Housing and Urban Development requires that a household pay no more than 30% of its income on housing costs for housing to be considered “affordable”) a person would need to earn $18.79 an hour, working a 40-hour job 52 hours a week. The average U.S. renter earns $14.77 per hour.

In Rhode Island, the situation is worse. The FMR is $949 a month, making the wage to afford renting $18.18 an hour (slightly cheaper than the average national FMR). For comparison, the average renter earns a mere $12.10 an hour (over $2 less than the average American renter). If you’re earning minimum wage, that translates to having to work 94 hours a week, 52 weeks a year. Just possible for a two-income household.

The problem deepens when you look at other issues. Rhode Island ranked 5th in the country in 2012 for largest losses on non-foreclosure short sales; people selling their homes for less than they owed on those homes; with the average seller taking a $100,000 loss on their home. Housing is unaffordable.

Likewise, according to the Nebraska Energy Office, Rhode Island is also 8th in the country for most expensive energy prices (a cost no one should underestimate when it comes time for deepest winter or summer). This isn’t necessarily the result of government policy hampering costs; Nebraska energy (9th cheapest) is supplied solely by publicly-owned enterprises (I’ve started thinking of this and North Dakota’s state-owned systems as “Great Plains socialism”). Libertarian New Hampshire (which deregulated its energy in 2001) is the 4th most expensive.

All of this contributes to the idea of Rhode Island as a “pay more for less” state. But there are solutions to a high cost of living. One response is to raise wages. But since the National Low Income Housing Coalition has shown that the median income in Rhode Island has actually dropped since last year, that’s obviously not happening. This is in spite of the persistent idea of a skills gap in Rhode Island economic development circles (or venerable newsmen). As pointed out by University of Wisconsin Milwaukee professor Marc Levine, if a skills gap exists, you’d expect to see increased wages as employers competed for employees; the sort of thing you’d expect in Smithian economics, a shortage of labor leading to increased wages (naturally, other factors can come into play).

Despite a recent minimum wage increase, Rhode Island certainly doesn’t have the ability (nor the political will) to engineer a massive increase across the board in wages; it can only raise the floor (and then there will remain minimum-wage exempt workers like restaurant and hotel staff, open to other forms of exploitation such as wage theft).

The other option is to drive prices down; lower rents by expanding housing (and reducing property taxes) and lower energy costs by adding energy infrastructure. But in this respect, the market and politics have worked against this option. Energy prices go almost wholly without discussion outside of the George Wiley Center or LIHEAP. In housing, from 2009-2011 there were 6740 foreclosure filings in Rhode Island, according to a report published by HousingWorks RI in spring of 2012. So housing was actually lost. An excellent segment on WPRI’s Newsmakers featured Tim White and Mayor Angel Taveras touring Providence’s abandoned homes, WPRI.com reports there are over 500 in Providence alone. This, while 996 Rhode Islanders were found to be homeless in December of 2012.

These are not intractable problems. First, foreclosure issues can be stemmed. A 2011 law passed in Nevada (which was hit hardest by the foreclosure crisis) dropped foreclosures by 75% immediately after it went into effect. How did it do so? By forcing banks to prove they could foreclose on homes and increasing the penalties on those who filed foreclosures with fraudulent documents. A simple, no-nonsense law had that large an effect. How many homes could it save if passed in Rhode Island?

Second, affordable housing can be expanded in this state. But anti-housing revolts in towns like Charlestown and Barrington, and most recently in the city of Newport, is a problem that need to be addressed. There are two usually stated reasons for why affordable housing is opposed in these towns; first because it would drive down property values and second because it bring in families which means costs to the school system. The second one is a ridiculous reason. Yes, it costs money to educate children, but anyone who thinks that you can run a town without families is dreaming. Who will pay the taxes? Retirees on social security? It’s an economic and demographic death march to oppose housing because you don’t want new children in a town.

The first reason is a legitimate issue, but only because the average homeowner has almost the entirety of their wealth tied up in their home. I’m not sure what the solution is, as successfully driving down housing prices will mean a reduction in property values. But that does fail to note that property values were ridiculously overinflated during the years preceding the recession. That wealth should not return, simply because it will herald another housing bubble that will likewise burst with the same disastrous consequences, though little exists in law that would prevent another housing bubble.

The goal of lower costs of living is to free up capital for use. With less spent on living costs, citizens will be free to spend on other things. Face it, most Rhode Islanders are not employed in a sector that services any of the essential costs of life. They need capital to start moving through the system for their business to function. But until we figure out a way to liberate such capital, we shouldn’t expect to see a genuine recovery.

Who Pays for Tax Cuts to the Rich? The Poor


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A correspondent tells me that last week there was a meeting over at University Heights where some residents got bad news about their rent. University Heights was built in the 1960s as a mixed development, split about half and half between market rate apartments and subsidized apartments, available to poor people and families. It’s had quite a history since then, including a period in the early 1990s when it was owned by the tenants’ association.

The recession of the early 1990s brought that dream to an end, and Rhode Island Housing became the owner. In 2006, they sold the project to Fairfield Residential, securing a promise that the affordable units (175 of them) would remain below market rent for forty years.

Now there are a couple of things you have to understand about the practice of affordable housing. One is that almost all the housing out there built under the title “affordable” has a term, at the expiration of which it converts to “market rate” housing. The term might be for 20 years, 40 years, or whatever, but after that, the landlord can rent it for whatever they can get. Sometimes the affordability is extracted from the landlord with a promise of rent subsidies. Other times it’s made in exchange for lower acquisition cost, low-rate financing, or some other way to save money on the project. For an older project like University Heights, most of these ways are not possible, since the project was built long ago. This leaves rent subsidies as the only practical option.

Last week, though, RI Housing announced to some distressed tenants that the apartments they live in have to be transferred to another, less generous subsidy program. Essentially the agency cannot afford to keep the subsidies at the level they had been, so in 2014, the rents for 48 of the apartments will rise substantially.

Why can’t RI Housing afford to keep the more generous subsidy?  Well, in the winter of 2008, as Governor Carcieri looked to the end of the year, there was a looming shortfall. Not only was it the second year of the “flat” tax cutting into revenues, but the coming recession’s bite was already being felt in sales tax collections, too. Rather than admit that the state couldn’t afford the tax cuts under the current conditions, the Governor looked around and noticed $26 million on the balance sheet of RI Housing. So he scooped it out of the housing agency and into the general fund, in order to balance the state’s budget that year.

Why was there a deficit in the winter of 2008?  Partly because of the recession, but also because some of the tax cuts for rich people turned out to be too big. The historic tax credit was too popular, and the renovation of the Masonic Temple hotel used them heavily. The tax credit program was ended that year, because so many credits were outstanding. The data can’t tell us exactly how much these cuts cost, but the income tax receipts that year came in $23 million less than predicted. Personal income in the state didn’t begin to fall until months later, so it’s hard to attribute the loss of income tax collections to the faltering economy.

The $26 million lifted from RI Housing was to fill a small part of a budget hole due in no small part to income tax cuts for rich people. But it wasn’t lying in RI Housing’s accounts unused. It was money intended for the purchase of housing, for subsidizing rents, and for the construction of new units. In other words, it was intended for the benefit of poor people, but Governor Carcieri — and the willing General Assembly leadership — redirected it for the benefit of rich ones. Can there be a clearer example of our state’s priorities over the past decades?

Banks at Fault for Many Multi-Family Foreclosures


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Rep. O'Grady illustraes his point with a picture of 63 Kossuth St.

Rep. Jeremiah O’Grady thinks banks bear the responsibility for some of the multi-family rental properties that blight Rhode Island’s urban areas because they have been foreclosed upon.

To articulate his point, he used as an example 63 Kossuth St. in Olneyville, a property he knows well because his company, Olneyville Housing Corp. is restoring the abandoned property “at taxpayer expense,” he said, using federal money from the Neighborhood Stabilization Program.

The property was sold five times between 2002 and 2005, he said. In early 2002 it was sold for $35,000, then $67,000, then $134,000. In 2004, it was sold for $268,000 and in 2005 it sold for $350,000.

“Not surprisingly that building went into foreclosure when there was no one else to flip it to,” he said, “The bank evicted and the [tenants] walked away.”

O’Grady said by the time it sold for $134,000 banks should have known better than to issue such a loan because there was no realistic way a landlord could have made money renting the four one-bedroom units in the property.

“When banks lend on a commercial property then they ought to as responsible lenders lend on the value of that income stream and this is something that lenders did not do, to their detriment, to the detriment of their portfolio and to the detriment of the neighborhoods around them,” he told the House Judiciary Committee last night as it considered a bill that would prevent banks from evicting tenants who live in foreclosed properties.

To service a $350,000 mortgage, he told the committee, the landlord would have had to rent each unit for more than $1,000. The average rent for a one bedroom apartment in this neighborhood, he said, is about $525

“It’s just unreasonable and it’s reckless and that is why the banks should take some responsibility,” O’Grady said.

The legislation wouldn’t prevent banks from making bad loans, but it would prevent them from evicting tenants who rent in properties that go into foreclosure.

“The people who are innocent are the ones who are being punished the most,” said the bill’s sponsor, Rep. John Edwards, D- Tiverton, noting that Massachusetts and New Jersey already have such laws on their books.

But the issue is particularly problematic in Rhode Island, where a third of the foreclosures since 2009 have been multi-family homes, according to a recent HousingWorks RI report.

“The high rates of multifamily foreclosures in the state have resulted in the rental housing market becoming one of the most vulnerable segments of our economy,” says the report. “Each multi-family foreclosure affects multiple rental homes, which in turn threatens tenants with possible eviction. For every multi-family property foreclosed, approximately two to three families find themselves without shelter.”

Feb 25: Housing Resource Fair in East Providence


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Congressman David Cicilline is hosting a housing resource fair on Saturday, February 25th from 9am to 2pm at East Providence High School, 2000 Pawtucket Avenue, East Providence, RI.

If you are having trouble paying your rent, staying current on your mortgage, are in foreclosure proceedings or want to learn about housing resources, you should go to this event, where you will have the opportunity to meet with loan counselors from banks and housing counseling agencies and learn whether there are and services available for you to save your home. You can RSVP here.

One of the better programs is the year old Hardest Hit Fund RI.  With foreclosures, unemployment, underemployment, and the deep recession still wreaking havoc on the state, there may be options so you can keep your home. If you are in trouble, the most important thing you can do is make sure you seek help immediately. The sooner you try and resolve the issue, the more options you will have.

Mayor Taveras Signs Order ending Tax Breaks for Big Banks

This is refreshing policy-making for the 99%:

Join
Mayor Angel Taveras,
Local Elected Officials,
&
Affordable Housing Activists
for a Press Conference

=================

Mayor Taveras to Sign Executive OrderClosing Corporate Tax Loopholefor Foreclosing Banks

=================

WHO: Mayor Angel Taveras, local elected officials and leading housing advocates.

WHAT: Mayor Taveras will sign an executive order (1) closing the corporate tax loophole which allows foreclosing banks to keep the owner occupied homestead exemption and (2) incentivizing new homeowners of foreclosed properties by allowing them to immediately receive their owner occupied homestead exemption.

WHEN: Thursday, November 3rd at 2:00PM.

WHERE: 48 Ardoene Street in Providence – house foreclosed in 2011 by Deutsche Bank.