Page:United States Statutes at Large Volume 117.djvu/2864

 PUBLIC LAW 108–189—DEC. 19, 2003

117 STAT. 2845

rate limitation in subsection (a), the servicemember shall provide to the creditor written notice and a copy of the military orders calling the servicemember to military service and any orders further extending military service, not later than 180 days after the date of the servicemember’s termination or release from military service. ‘‘(2) LIMITATION EFFECTIVE AS OF DATE OF ORDER TO ACTIVE DUTY.—Upon receipt of written notice and a copy of orders calling a servicemember to military service, the creditor shall treat the debt in accordance with subsection (a), effective as of the date on which the servicemember is called to military service. ‘‘(c) CREDITOR PROTECTION.—A court may grant a creditor relief from the limitations of this section if, in the opinion of the court, the ability of the servicemember to pay interest upon the obligation or liability at a rate in excess of 6 percent per year is not materially affected by reason of the servicemember’s military service. ‘‘(d) INTEREST.—As used in this section, the term ‘interest’ includes service charges, renewal charges, fees, or any other charges (except bona fide insurance) with respect to an obligation or liability.

‘‘TITLE III—RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES ‘‘SEC. 301. EVICTIONS AND DISTRESS.

50 USC app. 531.

‘‘(a) COURT-ORDERED EVICTION.— ‘‘(1) IN GENERAL.—Except by court order, a landlord (or another person with paramount title) may not— ‘‘(A) evict a servicemember, or the dependents of a servicemember, during a period of military service of the servicemember, from premises— ‘‘(i) that are occupied or intended to be occupied primarily as a residence; and ‘‘(ii) for which the monthly rent does not exceed $2,400, as adjusted under paragraph (2) for years after 2003; or ‘‘(B) subject such premises to a distress during the period of military service. ‘‘(2) HOUSING PRICE INFLATION ADJUSTMENT.—(A) For calendar years beginning with 2004, the amount in effect under paragraph (1)(A)(ii) shall be increased by the housing price inflation adjustment for the calendar year involved. ‘‘(B) For purposes of this paragraph— ‘‘(i) The housing price inflation adjustment for any calendar year is the percentage change (if any) by which— ‘‘(I) the CPI housing component for November of the preceding calendar year, exceeds ‘‘(II) the CPI housing component for November of 1984. ‘‘(ii) The term ‘CPI housing component’ means the index published by the Bureau of Labor Statistics of the Department of Labor known as the Consumer Price Index, All Urban Consumers, Rent of Primary Residence, U.S. City Average.

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