50a U.S. Code Rule - Evictions and distress
prev | next
(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—
(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—
(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
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.
(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.
Source(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.)
A prior section 531, acts Oct. 17, 1940, ch. 888, art. III, § 301,54 Stat. 1182; Oct. 6, 1942, ch. 581, § 9(a), (c), (d),56 Stat. 771; Pub. L. 102–12, § 9(9),Mar. 18, 1991, 105 Stat. 40, related to installment contracts for purchase of property, prior to the general amendment of this Act by Pub. L. 108–189. See section 532 of this Appendix.
2010—Subsec. (c). Pub. L. 111–275amended subsec. (c) generally. Prior to amendment, subsec. (c) related to penalties.