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February 7, 2014: Sixth Circuit Rules Tenants May Enforce PTFA with State Law Causes of Action in Case with NHLP Amicus Brief

In Mik v. Fed. Home Loan Mortg. Corp., NHLP, Public Justice Center, National Low Income Housing Coalition, and National Law Center on Homelessness and Poverty submitted an amicus brief in support of tenants who were evicted from their home after the homeowners lost the property to foreclosure. The court agreed with amici that the Protecting Tenants at Foreclosure Act (PFTA) preempts conflicting state law. And while the PTFA does not grant tenants a private right of action, tenants may still use PTFA violations to establish offensive state law claims. The Sixth Circuit reversed the district court’s dismissal of tenant’s wrongful eviction claim based on PTFA violations. Read the opinion here.

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