In 2003, Congress passed legislation, Servicemembers' Civil Relief Act (SCRA), providing new protections to a wide range of military personnel, including reservists. The measure restates and renames the former Soldiers' and Sailors' Civil Relief Act (SSCRA) and expands the SSCRA's protections for military servicemembers from rental housing providers and creditors. It also expands the definition of covered personnel to include National Guard members activated for more than one month.
This White Paper details the apartment-related provisions. Of particular interest to the apartment industry are new provisions that require a court order for most evictions or distress actions, expand the courts' authority to stay eviction actions, while authorizing an "allotment" for rent owed, and expand lease termination rights for servicemembers and their families. Firms are advised to consult with counsel to determine required modifications to their leasing and collection procedures.
