50 U.S.C. § 3951: Evictions and distress

Summary

Landlords or other owners cannot evict a servicemember or their dependents from a home they live in or plan to live in during the servicemember’s military service unless a court orders it. This rule applies when the monthly rent is $2,400 or less, with that dollar limit increased each year for housing price inflation starting in 2004. The inflation change is the percent difference between the Consumer Price Index "Rent of Primary Residence" for November of the previous year and November 1984. The Secretary of Defense must publish the adjusted dollar amount in the Federal Register each year within 60 days of the change. If an eviction or property seizure case is filed, a court can pause the action for 90 days (or a different time if fairness requires) or change the lease terms if the servicemember’s ability to pay is harmed by military service. If the court pauses the case, it can also give fair relief to the landlord. Anyone who knowingly takes part in an illegal eviction or seizure can be fined or jailed for up to one year. If a court orders money taken from a servicemember’s pay to follow the order, the military must make that allotment but the Secretary can limit how much pay may be taken. Section 3932 does not apply.

Title 50, §3951

War and National Defense, Source: USLM XML via OLRC

(a)Court-ordered eviction

(1)In general

Except by court order, a landlord (or another person with paramount title) may not—

(A)evict a servicemember, or the dependents of a servicemember, during a period of military service of the servicemember, from premises—

(i)that are occupied or intended to be occupied primarily as a residence; and

(ii)for which the monthly rent does not exceed $2,400, as adjusted under paragraph (2) for years after 2003; or

(B)subject such premises to a distress during the period of military service.

(2)Housing price inflation adjustment

(A)For calendar years beginning with 2004, the amount in effect under paragraph (1)(A)(ii) shall be increased by the housing price inflation adjustment for the calendar year involved.

(B)For purposes of this paragraph—

(i)The housing price inflation adjustment for any calendar year is the percentage change (if any) by which—

(I)the CPI housing component for November of the preceding calendar year, exceeds

(II)the CPI housing component for November of 1984.

(ii)The term “CPI housing component” means the index published by the Bureau of Labor Statistics of the Department of Labor known as the Consumer Price Index, All Urban Consumers, Rent of Primary Residence, U.S. City Average.

(3)Publication of housing price inflation adjustment

The Secretary of Defense shall cause to be published in the Federal Register each year the amount in effect under paragraph (1)(A)(ii) for that year following the housing price inflation adjustment for that year pursuant to paragraph (2). Such publication shall be made for a year not later than 60 days after such adjustment is made for that year.

(b)Stay of execution

(1)Court authority

Upon an application for eviction or distress with respect to premises covered by this section, the court may on its own motion and shall, if a request is made by or on behalf of a servicemember whose ability to pay the agreed rent is materially affected by military service—

(A)stay the proceedings for a period of 90 days, unless in the opinion of the court, justice and equity require a longer or shorter period of time; or

(B)adjust the obligation under the lease to preserve the interests of all parties.

(2)Relief to landlord

If a stay is granted under paragraph (1), the court may grant to the landlord (or other person with paramount title) such relief as equity may require.

(c)Misdemeanor (d) Rent allotment from pay of servicemember

Except as provided in subsection (a), a person who knowingly takes part in an eviction or distress described in subsection (a), or who knowingly attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.

(e)Limitation of applicability

section 3932 of this title is not applicable to this section.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 531 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 301 of act Oct. 17, 1940, ch. 888, art. III, 54 Stat. 1182; Oct. 6, 1942, ch. 581, § 9(a), (c), (d), 56 Stat. 771; Pub. L. 102–12, § 9(9), Mar. 18, 1991, 105 Stat. 40, related to installment contracts for purchase of property, prior to the general amendment of this Act by Pub. L. 108–189. See section 3952 of this title. Provisions similar to this section were contained in section 300 of act Oct. 17, 1940, ch. 888, art. III, 54 Stat. 1181; Oct. 6, 1942, ch. 581, § 8, 56 Stat. 771; Pub. L. 89–358, § 10, Mar. 3, 1966, 80 Stat. 28; Pub. L. 102–12, §§ 2(a), (b), 9(8), Mar. 18, 1991, 105 Stat. 34, 39, prior to the general amendment of this Act by Pub. L. 108–189.

Amendments

2010—Subsec. (c). Pub. L. 111–275 amended subsec. (c) generally. Prior to amendment, subsec. (c) related to penalties.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.

§3951 Evictions and Distress