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50 U.S.C. § 3953 — Evictions and distress
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Stable record: federal_law:legal_authorities:record_usc_1287d4c02f00ba3708aece78
Source file: Laws/federal/codes/united-states-code/title-50/section-3953-evictions-and-distress--dd28c6b6ea.md
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Source location: Title 50, Chapter 50, § 3953; chapter-050-servicemembers-civil-relief.md
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**(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** 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.
**(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.
**(e) Limitation of applicability** [Section 3932 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3932&num=0&edition=prelim) is not applicable to this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Representative** A legal representative of a servicemember for purposes of this chapter is either of the following:
(1) An attorney acting on the behalf of a servicemember.
(2) An individual possessing a power of attorney.
**(b) Application** Whenever the term “servicemember” is used in this chapter, such term shall be treated as including a reference to a legal representative of the servicemember.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any person aggrieved by a violation of this chapter may in a civil action—
(1) obtain any appropriate equitable or declaratory relief with respect to the violation;
(2) recover all other appropriate relief, including monetary damages; and
(3) be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary.
**(b) Costs and attorney fees** The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under subsection (a) the costs of the action, including a reasonable attorney fee.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
The Secretaries of each of the military departments shall ensure that each member of the Armed Forces with dependents receives annually, and prior to each deployment, notice of the child custody protections afforded to members of the Armed Forces under the Servicemembers Civil Relief Act ([50 U.S.C. 3901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3901&num=0&edition=prelim) et seq.).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3952
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Servicemembers Civil Relief Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3911
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Protection upon breach of contract**
(1) **Protection after entering military service** — After a servicemember enters military service, a contract by the servicemember for—
(A) the purchase of real or personal property (including a motor vehicle); or
(B) the 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 order.
(2) **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.
**(b) Misdemeanor** A person who knowingly resumes possession of property in violation of subsection (a), or in violation of [section 3918 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3918&num=0&edition=prelim), 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.
**(c) Authority of court** In a hearing based on this section, the court—
(1) 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;
(2) 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 require; or
(3) may make other disposition as is equitable to preserve the interests of all parties.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3954
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Liens**
(1) **Limitation on foreclosure or enforcement** — A person holding a lien on the property or effects of a servicemember may not, during any period of military service of the servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or effects without a court order granted before foreclosure or enforcement.
(2) **Lien defined** — For the purposes of paragraph (1), the term “lien” includes a lien for storage, repair, or cleaning of the property or effects of a servicemember or a lien on such property or effects for any other reason.
**(b) Stay of proceedings** In a proceeding to foreclose or enforce a lien subject to this section, the court may on its own motion, and shall if requested by a servicemember whose ability to comply with the obligation resulting in the proceeding is materially affected by military service—
(1) stay the proceeding for a period of time as justice and equity require; or
(2) adjust the obligation to preserve the interests of all parties.
The provisions of this subsection do not affect the scope of [section 3953 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3953&num=0&edition=prelim).
**(c) Misdemeanor** A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3971
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Federal law — U.S. Code and appendices · legal_authorities
Page 998
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3953
ingly attempts to do so, shall be fined as pro-
vided in title 18, or imprisoned for not more
than one year, or both.
(c) Authority of court
In a hearing based on this section, the court—
(1)
may
order
repayment
to
the
servicemember of all or part of the prior in-
stallments or deposits as a condition of termi-
nating the contract and resuming possession
of the property;
(2) may, on its own motion, and shall on ap-
plication
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 require; or
(3) may make other disposition as is equi-
table to preserve the interests of all parties.
(Oct. 17, 1940, ch. 888, title III, § 302, as added
Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2846;
amended Pub. L. 111–275, title III, § 303(b)(3), Oct.
13, 2010, 124 Stat. 2878.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 532 of the
former Appendix to this title prior to editorial reclassi-
fication and renumbering as this section.
PRIOR PROVISIONS
A prior section 302 of act Oct. 17, 1940, ch. 888, art. III,
54 Stat. 1182; Oct. 6, 1942, ch. 581, §§ 9(b), (c), 10, 56 Stat.
771, 772; June 23, 1952, ch. 450, 66 Stat. 151; Pub. L. 102–12,
§ 9(9), (10), Mar. 18, 1991, 105 Stat. 40, related to mort-
gages and trust deeds, prior to the general amendment
of this Act by Pub. L. 108–189. See section 3953 of this
title.
AMENDMENTS
2010—Subsec. (b). Pub. L. 111–275 amended subsec. (b)
generally. Prior to amendment, subsec. (b) related to
penalties.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section applicabl
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3953
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