EVICTING A SERVICE MEMBER
(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
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
(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
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.
(1) MISDEMEANOR- 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, United States
Code, or imprisoned for not more than one year, or both.
(2) PRESERVATION OF OTHER REMEDIES AND RIGHTS- The remedies
and rights provided under this section are in addition to
and do not preclude any remedy for wrongful conversion (or
otherwise available under the law to the person claiming
relief under this section, including any award for
consequential and punitive damages.
(d) RENT ALLOTMENT FROM PAY OF SERVICEMEMBER- To the extent
required by a court order related to property which is the
subject of a court action under this section, the Secretary
concerned shall make an allotment from the pay of a
servicemember to satisfy the terms of such order, except that
any such allotment shall be subject to regulations prescribed by
the Secretary concerned establishing the maximum amount of pay
of servicemembers that may be allotted under this subsection.
a) PROTECTION UPON
BREACH OF CONTRACT-
PROTECTION AFTER ENTERING MILITARY
SERVICE- After a servicemember enters military service, a contract by
the servicemember for--
purchase of real or personal property (including a motor vehicle); or
lease or bailment of such property, may not be rescinded or terminated
for a breach of terms of the contract occurring before or during that
person's military service, nor may the property be repossessed for such
breach without a court
APPLICABILITY- This section applies only to a contract for which a
deposit or installment has been paid by the servicemember before the
servicemember enters military service.
MISDEMEANOR- A person who knowingly resumes possession of property
in violation of subsection (a), or in violation of
section 107 of this Act, or who knowingly attempts to do so,
shall be fined as provided in title 18, United States Code, or
imprisoned for not more than one year, or both.
PRESERVATION OF OTHER REMEDIES AND RIGHTS- The remedies and rights
provided under this section are in addition to and do not preclude
any remedy for wrongful conversion otherwise available under law to
the person claiming relief under this section, including any award
for consequential and punitive damages.
AUTHORITY OF COURT- In a hearing based on this section, the court--
may order repayment to the servicemember of all or part of the prior
installments or deposits as a condition of terminating the contract
and resuming possession of the property;
may, on its own motion, and shall on application by a servicemember
when the servicemember's ability to comply with the contract is
materially affected by military service, stay the proceedings for a
period of time as, in the opinion of the court, justice and equity
may make other disposition as is equitable to preserve the interests
of all parties.