US Codex
Pub. L.
Notes

To amend the Servicemembers Civil Relief Act to extend lease protections for servicemembers under stop movement orders in response to a local, national, or global emergency, and for other purposes.

116th Congress · Approved Aug 14, 2020 · 134 Stat. 706

An Act

Be it enacted by the Senate and House of Representa­tives of the United States of America in Congress assembled,

SECTION 1. Extension of Lease Protections for Servicemembers under Stop Movement Orders in Response to Local, National, or Global Emergency.

(a)
Termination.— Subsection (a)(1) of section 305 of the Servicemembers Civil Relief Act (50 U.S.C. 3955) is amended—
(1)
in subparagraph (A), by striking “ ; or” and inserting a semicolon;
(2)
in subparagraph (B), by striking the period at the end and inserting “ ; or”; and
(3)
by adding at the end the following new subparagraph:

“(C) the date of the lessee’s stop movement order described in paragraph (1)(C) or (2)(C) of subsection (b), as the case may be.”

(b)
Covered Leases.—
(1)
Leases of premises.— Paragraph (1) of subsection (b) of such section is amended—
(A)
in subparagraph (A), by striking “ ; or” and inserting a semicolon;
(B)
in subparagraph (B), by striking the period at the end and inserting “ ; or”; and
(C)
by adding at the end the following new subparagraph:

“(C) the servicemember, while in military service—

“(i) executes a lease upon receipt of military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days; and

“(ii) thereafter receives a stop movement order issued by the Secretary of Defense in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember or servicemember’s dependents from occupying the lease for a residential, professional, business, agricultural, or similar purpose.”

(2)
Leases of motor vehicles.— Paragraph (2) of such subsection is amended—
(A)
in subparagraph (A), by striking “ ; or” and inserting a semicolon;
(B)
in subparagraph (B)(ii), by striking the period at the end and inserting “ ; or”; and
(C)
by adding at the end the following new subparagraph:

“(C) the servicemember, while in military service—

“(i) executes a lease upon receipt of military orders described in subparagraph (B); and

“(ii) thereafter receives a stop movement order issued by the Secretary of Defense in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember, or the servicemember’s dependents, from using the vehicle for personal or business transportation.”

(c)
Effective Date of Termination.— Paragraph (1) of subsection (d) of such section is amended to read as follows:

“(1) Lease of premises.—

“(A) Entrance to military service, permanent change of station, or deployment.—In the case of a lease described in subparagraph (A) or (B) of subsection (b)(1) that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subsection (c) is delivered. In the case of any other lease described in subparagraphs (A) and (B) of subsection (b)(1) termination of the lease under subsection (a) is effective on the last day of the month following the month in which the notice is delivered.

“(B) Stop movement orders.—In the case of a lease described in subsection (b)(1)(C), termination of the lease under subsection (a) is effective on the date on which the requirements of subsection (c) are met for such termination.”

(d)
Technical Correction.— Subsection (i) is amended, in the matter before paragraph (1), by inserting “ In this section:” after “ Definitions.—”.
(e)
Retroactive Application.— The amendments made by this section shall apply to stop movement orders issued on or after March 1, 2020.