Section 1 Short title
This Act may be cited as the “Servicemember Housing Protection Act of 2013”.
Servicemember Housing Protection Act of 2013
A BILL
To amend the Servicemembers Civil Relief Act to enhance the protections accorded to servicemembers and their spouses with respect to mortgages, and for other purposes.
Sec. 2 Enhancements to protections accorded under the Servicemembers Civil Relief Act
Protection of surviving spouse with respect to mortgage foreclosure—
In general— Section 303 of the Servicemembers Civil Relief Act (50 U.S.C. App. 533) is amended by adding at the end the following new subsection:
“(e) Protection of surviving spouse—With respect to a servicemember who dies while in military service from a service-connected cause and who has a surviving spouse who is the servicemember’s successor in interest to property covered under subsection (a), this section shall apply to the surviving spouse with respect to that property during the one-year period beginning on the date of such death in the same manner as if the servicemember had not died.”
Effective date— Subsection (e) of section 303 of the Servicemembers Civil Relief Act, as added by paragraph (1), shall apply to the surviving spouse of a servicemember whose death occurs on or after the date of the enactment of this Act.
Termination of residential leases—
In general— Section 305 of such Act (50 U.S.C. App. 535) is amended—
in subsection (a)(1)—
in subparagraph (A), by striking “or” at the end;
in subparagraph (B), by striking the period at the end and inserting “; or”; and
by adding at the end the following new subparagraph:
“(C) in the case of a lease described in subsection (b)(1) and subparagraph (C) of such subsection, the date the lessee is assigned to or otherwise relocates to quarters or a housing facility as described in such subparagraph.”
in subsection (b)(1)—
in subparagraph (A), by striking “or” at the end;
in subparagraph (B), by striking the period at the end and inserting “; or”; and
by adding at the end the following new subparagraph:
“(C) the lease is executed by or on behalf of a person who thereafter and during the term of the lease is assigned to or otherwise relocates to quarters of the United States or a housing facility under the jurisdiction of a uniformed service (as defined in section 101 of title 37, United States Code), including housing provided under the Military Housing Privatization Initiative.”
Manner of termination— Subsection (c)(1) of such section is amended—
in subparagraph (A)—
by inserting “in the case of a lease described in subsection (b)(1) and subparagraph (A) or (B) of such subsection,” before “by delivery”; and
by striking “and” at the end;
by redesignating subparagraph (B) as subparagraph (C); and
by inserting after subparagraph (A) the following new subparagraph (B):
“(B) in the case of a lease described in subsection (b)(1) and subparagraph (C) of such subsection, by delivery by the lessee of written notice of such termination, and a letter from the servicemember's commanding officer indicating that the servicemember has been assigned to or is otherwise relocating to quarters of the United States or a housing facility under the jurisdiction of a uniformed service (as defined in section 101 of title 37, United States Code), to the lessor (or the lessor's grantee), or to the lessor's agent (or the agent's grantee); and”
Definition of military orders and continental United States for purposes of Act—
Transfer of definitions— Such Act is further amended by transferring paragraphs (1) and (2) of section 305(i) (50 U.S.C. App. 535(i)) to the end of section 101 (50 U.S.C. App. 511) and redesignating such paragraphs, as so transferred, as paragraphs (10) and (11).
Conforming amendments— Such Act is further amended—
in section 305 (50 U.S.C. App. 535), as amended by paragraph (1), by striking subsection (i); and
in section 705 (50 U.S.C. App. 595), by striking “or naval” both places it appears.