§530. Eviction or distress during military service; stay; penalty for noncompliance; allotment of pay for payment

(a) No eviction or distress shall be made during the period of military service in respect of any premises for which the agreed rent does not exceed $1,200 per month, occupied chiefly for dwelling purposes by the wife, children, or other dependents of a person in military service, except upon leave of court granted upon application therefor or granted in an action or proceeding affecting the right of possession.

(b) On any such application or in any such action the court may, in its discretion, on its own motion, and shall, on application, unless in the opinion of the court the ability of the tenant to pay the agreed rent is not materially affected by reason of such military service, stay the proceedings for not longer than three months, as provided in this Act [sections 501 to 593 of this Appendix], or it may make such other order as may be just. Where such stay is granted or other order is made by the court, the owner of the premises shall be entitled, upon application therefor, to relief in respect of such premises similar to that granted persons in military service in sections 301, 302, and 500 of this Act [sections 531, 532, and 560 of this Appendix] to such extent and for such period as may appear to the court to be just.

(c) Any person who shall knowingly take part in any eviction or distress otherwise than as provided in subsection (a), or attempts so to do, shall be fined as provided in title 18, United States Code, or imprisoned for not to exceed one year, or both.

(d) The Secretary of Defense or Secretary of Transportation, with respect to the Coast Guard when it is not operating as a service in the Navy, is empowered, subject to such regulations as he may prescribe, to order an allotment of the pay of a person in military service in reasonable proportion to discharge the rent of premises occupied for dwelling purposes by the wife, children, or other dependents of such person.

(Oct. 17, 1940, ch. 888, art. III, §300, 54 Stat. 1181 ; Oct. 6, 1942, ch. 581, §8, 56 Stat. 771 ; Pub. L. 89–358, §10, Mar. 3, 1966, 80 Stat. 28 ; Pub. L. 102–12, §§2(a), (b), 9(8), Mar. 18, 1991, 105 Stat. 34 , 39.)

Amendments

1991-Subsec. (a). Pub. L. 102–12, §2(a), (b)(1), redesignated par. (1) as subsec. (a) and substituted "$1,200" for "$150".

Subsec. (b). Pub. L. 102–12, §2(b)(1), redesignated par. (2) as subsec. (b).

Subsec. (c). Pub. L. 102–12, §§2, 9(8)(A), redesignated par. (3) as subsec. (c) and substituted "subsection (a)" for "subsection (1) hereof" and "shall be fined as provided in title 18, United States Code, or imprisoned for not to exceed one year," for "shall be guilty of a misdemeanor, and shall be punishable by imprisonment not to exceed one year or by fine not to exceed $1,000,".

Subsec. (d). Pub. L. 102–12, §§2(b)(1), 9(8)(B), redesignated par. (4) as subsec. (d) and substituted "Secretary of Defense or Secretary of Transportation, with respect to the Coast Guard when it is not operating as a service in the Navy," for "Secretary of War, the Secretary of the Navy, or the Secretary of the Treasury with respect to the Coast Guard, as the case may be,".

1966-Subsec. (1). Pub. L. 89–358 increased the limitation of rents from $80 to $150 per month.

1942-Subsec. (2). Act Oct. 6, 1942, §8(a), inserted last sentence.

Subsec. (3). Act Oct. 6, 1942, §8(b), inserted "or attempts so to do,".

Effective Date of 1991 Amendment

Section 2(c) of Pub. L. 102–12 provided that: "The amendment made by subsection (a) [amending this section] applies to actions for eviction or distress that are commenced after July 31, 1990."