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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) PENALTIES-
(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 wrongful eviction) 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.
(e) LIMITATION OF APPLICABILITY- Section
202 is not applicable to this
section.
Next page > Section
302 - Protection
under installment contracts for purchase or lease
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