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Property Rights for Patriots Act

H.R. 4337 · 116th Congress · Sep 16, 2019 · Lineage

A BILL

To amend the Servicemembers Civil Relief Act to prohibit the enforcement of certain policies of homeowners associations regarding real property of servicemembers.

1. Short title

This Act may be cited as the “Property Rights for Patriots Act”.

2. Prohibition on enforcement of certain policies of homeowners associations regarding real property of servicemembers

(a)
Prohibition— Title III of the Servicemembers Civil Relief Act (50 U.S.C. 3950 et seq.) is amended—
(1)
by redesignating section 308 as section 309; and
(2)
by inserting after section 307 the following new section 308:

“308. Enforcement of policies of homeowners associations

“(a) Prohibition—No homeowners association may seek to enforce a policy—

“(1) that restricts the right of a member of the association to lease the real property of that member; and

“(2) against a servicemember—

“(A) whose residence is that real property;

“(B) during a period of military service of the servicemember of not less than 90 days.

“(b) Misdemeanor—A person who knowingly violates this section, 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.

“(c) Homeowners association defined—In this section, the term “homeowners association” has the meaning given that term in section 528(c)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 528(c)(1)).”

(b)
Clerical amendment— The table of contents at the beginning of such Act is amended by striking the item relating to section 308 and inserting the following new items: