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Please Help Save and Enact HB 2269

Please be a good citizen and help enact a law favorable to tenants. This is a rare event. Here’s the scoop, short and sweet.

HB 2269 does not address multi-family properties. No legislation will do so this political session. It was not feasible given political and financial realities this year, and is now too late.

HB 2269 will:

* Require that notices of a foreclosed property’s pending trustee sale be sent not only to the property owner, but also to occupants living in the house. This will give the tenants advance warning of what is happening, as well as contact information for the lender/bank/attorney. That way, tenants will have time to contact the lender to perhaps make transition arrangements or agreements. No more surprise 5-day eviction notices.

* Once the tenant is notified of the impending foreclosure, the tenant can have any security deposits and prepaid rent applied to the forthcoming periodic rental payments. That way, a tenant effectively will get back the deposit by way of “working it off”; that is, staying in the property without having to shell out separate rental payments.

* When the landlord loses title to the property, he will automatically have to return security and other refundable deposits and prepaid rent to the tenant, in accordance with the terms of the governing statute, A.R.S. § 33-1321. That means, tenants can get back their money even though they may not have actually moved out yet – under the law they will be “deemed” to have terminated tenancy, delivered possession, and made demand for return of the deposits.

* In circumstances of leases with purchase options, any down payments, prepaid closing costs and purchase option payments will be placed in an escrow account, or otherwise bonded. If the property is foreclosed, the money will be completely returned to the tenant. No more landlords absconding with these purchase payments (while the tenants get nothing in return).

So I ask you to do me a favor, even though it will not directly benefit apartment tenants. Please contact every single House Representative and request that they vote for HB 2269. If we can get massive numbers doing this, it will pass, and next year we can get even more favorable legislation.

Attached is the actual language of HB 2269, and a list of legislative contacts. E-mails are preferable; sending the same message (CC copy) to each member will work. No Internet? Phones okay.

Thank you very much,

Ken Volk
Arizona Tenants Association

HB2269 Landlords; Tenants; Foreclosures

PLEASE HELP SAVE AND ENACT HB 2269 - read this article

Arizona House Roster 2009

HB2269: The Engrossed Language

Latest HB2269 Summaries/Fact Sheets

HB2269 Information

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