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50 U.S.C. § 3952 — Annual notice to members of the Armed Forces regarding child custody protections guaranteed by the Servicemembers Civil Relief Act
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.).
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Source location: Title 50, Chapter 50, § 3952; chapter-050-servicemembers-civil-relief.md
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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.).
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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.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3953
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Federal law — U.S. Code and appendices · legal_authorities
Page 986
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3901
Sec.
4024.
Health insurance reinstatement.
4025.
Guarantee of residency for military personnel
and spouses of military personnel.
4025a.
Portability
of
professional
licenses
of
servicemembers and their spouses.
4026.
Business or trade obligations.
4027.
Guarantee
of
residency
for
spouses
of
servicemembers.
SUBCHAPTER VIII—CIVIL LIABILITY
4041.
Enforcement by the Attorney General.
4042.
Private right of action.
4043.
Preservation of remedies.
Editorial Notes
CODIFICATION
The Servicemembers Civil Relief Act, comprising this
chapter, was originally enacted as act Oct. 17, 1940, ch.
888, 54 Stat. 1178, known as the Soldiers’ and Sailors’
Civil Relief Act of 1940, and amended by acts Oct. 6,
1942, ch. 581, 56 Stat. 769; July 3, 1944, ch. 397, 58 Stat.
722; Apr. 3, 1948, ch. 170, 62 Stat. 160; June 23, 1952, ch.
450, 66 Stat. 151; July 11, 1956, ch. 570, 70 Stat. 528; Pub.
L. 85–857, Sept. 2, 1958, 72 Stat. 1105; Pub. L. 86–721, Sept.
8, 1960, 74 Stat. 820; Pub. L. 87–771, Oct. 9, 1962, 76 Stat.
768; Pub. L. 89–358, Mar. 3, 1966, 80 Stat. 12; Pub. L.
92–540, Oct. 24, 1972, 86 Stat. 1074; Pub. L. 102–12, Mar. 18,
1991, 105 Stat. 34; Pub. L. 104–106, Feb. 10, 1996, 110 Stat.
186; Pub. L. 107–107, Dec. 28, 2001, 115 Stat. 1012; Pub. L.
107–330, Dec. 6, 2002, 116 Stat. 2820. Sections of the act
Oct. 17, 1940, are shown herein, however, as having been
added by Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2835,
without reference to the intervening amendments list-
ed above because of the extensive revision of act Oct.
17, 1940, by Pub. L. 108–189.
Act Oct. 17, 1940, ch. 888, as added Pub. L. 108–189, § 1,
Dec. 19, 2003, 117 Stat. 2835, comprising this chapter,
was formerly set out
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
Page 997
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3952
(B) subject such premises to a distress dur-
ing 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 infla-
tion adjustment for the calendar year in-
volved.
(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 No-
vember of the preceding calendar year, ex-
ceeds
(II) the CPI housing component for No-
vember 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 Resi-
dence, U.S. City Average.
(3) Publication of housing price inflation ad-
justment
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 infla-
tion adjustment for that year pursuant to
paragraph (2). Such publication shall be made
for a year not later than 60 days after such ad-
justment 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 sec-
tion, 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, jus-
tice and equity require a longer or shorter
period of time; or
(B) adjust
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3952
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