50 USC 3951 - Evictions and distress

U.S Code last checked for updates: Apr 28, 2024

§ 3951.

Evictions and distress

(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

(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

(c)

Misdemeanor

(d)

Rent allotment from pay of servicemember

(e)

Limitation of applicability

(Oct. 17, 1940, ch. 888, title III, § 301, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2845; amended Pub. L. 111–275, title III, § 303(b)(2), Oct. 13, 2010, 124 Stat. 2877.)

cite as: 50 USC 3951