Civil Relief Act

The Servicemembers Civil Relief Act of 2003, 50 U.S.C. §§ 3901 to 4043, provides protections for military members as they enter active duty. The statute’s protections extend to rental agreements, security deposits, prepaid rent, eviction, installment contracts, credit-card interest rates, mortgage interest rates, mortgage foreclosure, civil judicial proceedings, automobile leases, life insurance, health insurance, and income tax payments. The Attorney General is authorized to investigate alleged SCRA violations and bring lawsuits to enforce the statute. This authority has been assigned to the Assistant Attorney General for the Civil Rights Division. The Department of Justice can obtain monetary damages for aggrieved persons, civil penalties, and equitable relief. The Servicemembers Civil Relief Act also provides a private right of action to aggrieved individuals.

When a United States Attorney’s Office receives a complaint or other information suggesting a violation of the Servicemembers Civil Relief Act, that office should forward the complaint or other information to the Housing and Civil Enforcement Section as soon as practicable. The Assistant Attorney General for the Civil Rights Division retains final authority to determine whether a civil rights investigation should be opened; a complaint should be filed; or, in most instances (see JM 8-2.100 and 28 C.F.R. §§ 0.160 to 0.164), a case should be settled, and on what terms. The Assistant Attorney General for the Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The United States Attorney’s Office and the Housing and Civil Enforcement Section may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.

[updated December 2022]