USC Subchapter III

USC Subchapter III
in effect

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

(a) Court-ordered eviction(1) In generalExcept 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 adjustmentThe 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 authorityUpon 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 landlordIf 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) MisdemeanorExcept 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 servicememberTo 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 applicabilitySection 3932 of this title is not applicable to this section.

50 U.S.C. § 3952 Protection under installment contracts for purchase or lease

(a) Protection upon breach of contract(1) Protection after entering military serviceAfter 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) ApplicabilityThis 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) MisdemeanorA person who knowingly resumes possession of property in violation of subsection (a), or in violation of section 3918 of this title, 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 courtIn 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.

50 U.S.C. § 3953 Mortgages and trust deeds

(a) Mortgage as securityThis section applies only to an obligation on real or personal property owned by a servicemember that—(1) originated before the period of the servicemember’s military service and for which the servicemember is still obligated; and (2) is secured by a mortgage, trust deed, or other security in the nature of a mortgage. (b) Stay of proceedings and adjustment of obligationIn an action filed during, or within one year after, a servicemember’s period of military service to enforce an obligation described in subsection (a), the court may after a hearing and on its own motion and shall upon application by a servicemember when the servicemember’s ability to comply with the obligation is materially affected by military service—(1) stay the proceedings for a period of time as justice and equity require, or (2) adjust the obligation to preserve the interests of all parties. (c) Sale or foreclosureA sale, foreclosure, or seizure of property for a breach of an obligation described in subsection (a) shall not be valid if made during, or within one year after, the period of the servicemember’s military service except—(1) upon a court order granted before such sale, foreclosure, or seizure with a return made and approved by the court; or (2) if made pursuant to an agreement as provided in section 3918 of this title. (d) MisdemeanorA person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), 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.

50 U.S.C. § 3954 Settlement of stayed cases relating to personal property

(a) Appraisal of propertyWhen a stay is granted pursuant to this chapter in a proceeding to foreclose a mortgage on or to repossess personal property, or to rescind or terminate a contract for the purchase of personal property, the court may appoint three disinterested parties to appraise the property. (b) Equity paymentBased on the appraisal, and if undue hardship to the servicemember’s dependents will not result, the court may order that the amount of the servicemember’s equity in the property be paid to the servicemember, or the servicemember’s dependents, as a condition of foreclosing the mortgage, repossessing the property, or rescinding or terminating the contract.

50 U.S.C. § 3955 Termination of residential or motor vehicle leases

(a) Termination(1) Termination by lesseeThe lessee on a lease described in subsection (b) may, at the lessee’s option, terminate the lease at any time after—(A) the lessee’s entry into military service; (B) the date of the lessee’s military orders described in paragraph (1)(B) or (2)(B) of subsection (b), as the case may be; or (C) the date of the lessee’s stop movement order described in paragraph (1)(C) or (2)(C) of subsection (b), as the case may be. (2) Joint leasesA lessee’s termination of a lease pursuant to this subsection shall terminate any obligation a dependent of the lessee may have under the lease. (3) Death of lesseeThe spouse or dependent of the lessee on a lease described in subsection (b) may terminate the lease during the one-year period beginning on the date of the death of the lessee, if the lessee dies while in military service or while performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10). (4) Catastrophic injury or illness of lessee(A) TerminationIf the lessee on a lease described in subsection (b) incurs a catastrophic injury or illness during a period of military service or while performing covered service, during the one-year period beginning on the date on which the lessee incurs such injury or illness—(i) the lessee may terminate the lease; or (ii) in the case of a lessee who lacks the mental capacity to contract or to manage his or her own affairs (including disbursement of funds without limitation) due to such injury or illness, the spouse or dependent of the lessee may terminate the lease. (B) DefinitionsIn this paragraph:(i) The term “catastrophic injury or illness” has the meaning given that term in section 439(g) of title 37. (ii) The term “covered service” means full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10). (b) Covered leasesThis section applies to the following leases:(1) Leases of premisesA lease of premises occupied, or intended to be occupied, by a servicemember or a servicemember’s dependents for a residential, professional, business, agricultural, or similar purpose if—(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service; (B) the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days; or (C) the servicemember, while in military service—(i) executes a lease upon receipt of military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days; and (ii) thereafter receives a stop movement order issued by the Secretary concerned in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember or servicemember’s dependents from occupying the lease for a residential, professional, business, agricultural, or similar purpose. (2) Leases of motor vehiclesA lease of a motor vehicle used, or intended to be used, by a servicemember or a servicemember’s dependents for personal or business transportation if—(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service under a call or order specifying a period of not less than 180 days (or who enters military service under a call or order specifying a period of 180 days or less and who, without a break in service, receives orders extending the period of military service to a period of not less than 180 days); (B) the servicemember, while in military service, executes the lease and thereafter receives military orders—(i) for a change of permanent station—(I) from a location in the continental United States to a location outside the continental United States; or (II) from a location in a State outside the continental United States to any location outside that State; or (ii) to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 180 days; or (C) the servicemember, while in military service—(i) executes a lease upon receipt of military orders described in subparagraph (B); and (ii) thereafter receives a stop movement order issued by the Secretary concerned in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember, or the servicemember’s dependents, from using the vehicle for personal or business transportation. (c) Manner of termination(1) In generalTermination of a lease under subsection (a) is made—(A) by delivery by the lessee of written notice of such termination, and a copy of the servicemember’s military orders, to the lessor (or the lessor’s grantee), or to the lessor’s agent (or the agent’s grantee); and (B) in the case of a lease of a motor vehicle, by return of the motor vehicle by the lessee to the lessor (or the lessor’s grantee), or to the lessor’s agent (or the agent’s grantee), not later than 15 days after the date of the delivery of written notice under subparagraph (A). (2) Delivery of noticeDelivery of notice under paragraph (1)(A) may be accomplished—(A) by hand delivery; (B) by private business carrier; (C) by placing the written notice in an envelope with sufficient postage and with return receipt requested, and addressed as designated by the lessor (or the lessor’s grantee) or to the lessor’s agent (or the agent’s grantee), and depositing the written notice in the United States mails; or (D) by electronic means, including—(i) the direct delivery of material to an electronic address designated by the lessor (or the lessor’s grantee) or the lessor’s agent (or the agent’s grantee); (ii) the posting of material to a website or other internet or electronic-based information repository to which access has been granted to the lessee, the lessor (or the lessor’s grantee), or the lessor’s agent (or the agent’s grantee); and (iii) other electronic means reasonably calculated to ensure actual receipt of the material by the lessor (or the lessor’s grantee) or the lessor’s agent (or the agent’s grantee). (d) Effective date of lease termination(1) Lease of premises(A) Entrance to military service, permanent change of station, or deploymentIn the case of a lease described in subparagraph (A) or (B) of subsection (b)(1) that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subsection (c) is delivered. In the case of any other lease described in subparagraphs (A) and (B) of subsection (b)(1) termination of the lease under subsection (a) is effective on the last day of the month following the month in which the notice is delivered. (B) Stop movement ordersIn the case of a lease described in subsection (b)(1)(C), termination of the lease under subsection (a) is effective on the date on which the requirements of subsection (c) are met for such termination. (2) Lease of motor vehiclesIn the case of a lease described in subsection (b)(2), termination of the lease under subsection (a) is effective on the day on which the requirements of subsection (c) are met for such termination. (e) Arrearages and other obligations and liabilities(1) Leases of premisesRent amounts for a lease described in subsection (b)(1) that are unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. The lessor may not impose an early termination charge, but any taxes, summonses, or other obligations and liabilities of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear, that are due and unpaid at the time of termination of the lease shall be paid by the lessee. (2) Leases of motor vehiclesLease amounts for a lease described in subsection (b)(2) that are unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. The lessor may not impose an early termination charge, but any taxes, summonses, title and registration fees, or other obligations and liabilities of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear or use and mileage, that are due and unpaid at the time of termination of the lease shall be paid by the lessee. (f) Rent paid in advanceRents or lease amounts paid in advance for a period after the effective date of the termination of the lease shall be refunded to the lessee by the lessor (or the lessor’s assignee or the assignee’s agent) within 30 days of the effective date of the termination of the lease. (g) Relief to lessorUpon application by the lessor to a court before the termination date provided in the written notice, relief granted by this section to a servicemember may be modified as justice and equity require. (h) MisdemeanorAny person who knowingly seizes, holds, or detains the personal effects, security deposit, or other property of a servicemember or a servicemember’s dependent who lawfully terminates a lease covered by this section, or who knowingly interferes with the removal of such property from premises covered by such lease, for the purpose of subjecting or attempting to subject any of such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both. (i) DefinitionsIn this section:(1) Military ordersThe term “military orders”, with respect to a servicemember, means official military orders (including orders for separation or retirement), or any notification, certification, or verification from the servicemember’s commanding officer, with respect to the servicemember’s current or future military duty status. (2) ConUSThe term “continental United States” means the 48 contiguous States and the District of Columbia. (3) Permanent change of stationThe term “permanent change of station” includes separation or retirement from military service.

50 U.S.C. § 3956 Termination of certain consumer contracts

(a) Termination by servicemember or dependent of a servicemember(1) TerminationA servicemember may terminate a contract described in subsection (b) at any time after—(A) the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract; or (B) the date the servicemember, while in military service, receives military orders for a permanent change of station, thereafter enters into the contract, and then receives a stop movement order issued by the Secretary of Defense or the Secretary of Homeland Security in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, that prevents the servicemember from using the services provided under the contract. (2) NoticeIn the case that a servicemember terminates a contract as described in paragraph (1), the service provider under the contract shall provide such servicemember with written or electronic notice of the servicemember’s rights under such paragraph. (3) Manner of terminationTermination of a contract under paragraph (1) shall be made by delivery of a written or electronic notice of such termination and a copy of the servicemember’s military orders to the service provider, delivered in accordance with industry standards for notification of terminations, together with the date on which the service is to be terminated. (4) Additional individuals coveredFor purposes of this section, the following individuals shall be treated as a servicemember covered by paragraph (1):(A) A spouse or dependent of a servicemember who dies while in military service or a spouse or dependent of a member of the reserve components who dies while performing duty described in subparagraph (C). (B) A spouse or dependent of a servicemember who incurs a catastrophic injury or illness (as that term is defined in section 439(g) of title 37), if the servicemember incurs the catastrophic injury or illness while in military service or performing duty described in subparagraph (C). (C) A member of the reserve components performing military service or performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10). (D) The spouse or dependent of a servicemember, described in paragraph (1)(B), who accompanies such servicemember during the period of relocation. (b) Covered contractsA contract described in this subsection is a contract—(1) for—(A) commercial mobile service; (B) telephone exchange service; (C) internet access service; (D) multichannel video programming service; (E) a gym membership or fitness program; or (F) home security services; and (2) entered into by a servicemember before receiving the military orders referred to in subsection (a)(1). (c) Retention of telephone numberIn the case of a contract for commercial mobile service or telephone exchange service terminated under subsection (a) by a servicemember whose period of relocation is for a period of three years or less, the service provider under the contract shall, notwithstanding any other provision of law, allow the servicemember to keep the telephone number the servicemember has under the contract if the servicemember re-subscribes to the service during the 90-day period beginning on the last day of such period of relocation. (d) Family plansIn the case of a contract for commercial mobile service entered into by any individual in which a servicemember is a designated beneficiary of the contract, the individual who entered into the contract may terminate the contract—(1) with respect to the servicemember if the servicemember is eligible to terminate contracts pursuant to subsection (a); and (2) with respect to all of the designated beneficiaries of such contract if all such beneficiaries accompany the servicemember during the servicemember’s period of relocation. (e) Other obligations and liabilities(1) In generalFor any contract terminated under this section, the service provider under the contract may not impose an early termination charge, but any tax or any other obligation or liability of the servicemember that, in accordance with the terms of the contract, is due and unpaid or unperformed at the time of termination of the contract shall be paid or performed by the servicemember. (2) Reinstatement of serviceIf the servicemember re-subscribes to the service provided under a covered contract during the 90-day period beginning on the last day of the servicemember’s period of relocation, the service provider may not impose a charge for reinstating service, other than the usual and customary charges for the installation or acquisition of customer equipment imposed on any other subscriber. (3) Return of provider-owned equipmentIf a servicemember terminates a contract under subsection (a), the servicemember shall return any provider-owned consumer premises equipment to the service provider not later than 10 days after the date on which service is disconnected. (f) Return of advance paymentsNot later than 60 days after the effective date of the termination of a contract under this section, the service provider under the contract shall refund to the servicemember any fee or other amount to the extent paid for a period extending until after such date, except for the remainder of the monthly or similar billing period in which the termination occurs. (g) DefinitionsFor purposes of this section:(1) The term “commercial mobile service” has the meaning given that term in section 332(d) of title 47. (2) The terms “military orders” and “permanent change of station” have the meanings given such terms in section 3955 of this title. (3) The term “multichannel video programming service” means a subscription video service offered by a multichannel video programming distributor, as that term is defined in section 522 of title 47, over a system the distributor owns or controls. (4) The term “provider-owned consumer premises equipment” means any equipment that a provider of internet access service or multichannel video programming service rents or loans to a customer during the provision of that service, including gateways, routers, cable modems, voice-capable modems, CableCARDs, converters, digital adapters, remote controls, and any other equipment provided. (5) The term “telephone exchange service” has the meaning given that term under section 153 of title 47.

50 U.S.C. § 3957 Protection of life insurance policy

(a) Assignment of policy protectedIf a life insurance policy on the life of a servicemember is assigned before military service to secure the payment of an obligation, the assignee of the policy (except the insurer in connection with a policy loan) may not exercise, during a period of military service of the servicemember or within one year thereafter, any right or option obtained under the assignment without a court order. (b) ExceptionThe prohibition in subsection (a) shall not apply—(1) if the assignee has the written consent of the insured made during the period described in subsection (a); (2) when the premiums on the policy are due and unpaid; or (3) upon the death of the insured. (c) Order refused because of material affectA court which receives an application for an order required under subsection (a) may refuse to grant such order if the court determines the ability of the servicemember to comply with the terms of the obligation is materially affected by military service. (d) Treatment of guaranteed premiumsFor purposes of this subsection, premiums guaranteed under the provisions of subchapter IV of this chapter shall not be considered due and unpaid. (e) MisdemeanorA 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.

50 U.S.C. § 3958 Enforcement of storage liens

(a) Liens(1) Limitation on foreclosure or enforcementA 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 definedFor 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 proceedingsIn 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. (c) MisdemeanorA 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.

50 U.S.C. § 3959 Extension of protections to dependents

Upon application to a court, a dependent of a servicemember is entitled to the protections of this subchapter if the dependent’s ability to comply with a lease, contract, bailment, or other obligation is materially affected by reason of the servicemember’s military service.