COLUMN: Carmel Hopkins

The Soldiers and Sailors Civil Relief Act of 1940 restricts landlords from evicting military personnel from their homes or apartments during wartime activities. So it was with surprise that I heard last week that the Greater Las Vegas Association of Realtors is getting complaints from families whose spouses are on duty in Iraq.

Bill Thorne, fair housing compliance officer for the association, said apparently there has been a lot of education about the act for military personnel by entities such as United Way and Clark County Social Services, but landlords and note holders seem to be ignorant about it.

After the terrorist attacks on Sept. 11, 2001, the Department of Housing and Urban Development took steps to ensure that service members protecting our country do not suffer the added burden of worrying about the loss of a home.

"When our sons and daughters in uniform are called upon to serve this great nation, we will stand behind them," HUD Secretary Mel Martinez said days after the attack. "We want to reassure our servicemen and women that while they are focused on protecting America, we will do everything we can to protect their families' housing needs."

Here are the rights afforded to active military personnel and their families, and it would behoove lenders and landlords to pay attention:

Mortgage Relief -- The act can provide temporary relief from paying a mortgage. A military member must show that the mortgage was entered into before beginning active duty; the property was owned before entry into military service; the property is still owned by the military member; and military service materially affects the member's ability to pay the mortgage.

Termination of Leases -- The act allows military members who are just entering active-duty service to lawfully terminate a lease without repercussions.

Protection from Eviction -- An active-duty military member who leases a house or apartment can prevent an eviction for a period of time, usually three months. The dwelling must be occupied by either the military person or dependents and the rent cannot exceed $1,200 a month. The military member must show that service materially affects the ability to pay rent. A landlord who evicts or continues to attempt to evict a military family is subject to criminal sanctions, such as fines or imprisonment.

6 Percent Cap on Interest Rates -- A military member can cap the interest rate at 6 percent for all obligations entered into before beginning active duty. This can include rates on credit cards, mortgages and some student loans.

Stay of Proceedings -- An active duty military member can obtain a "stay" or postponement of lawsuits during any stage of the proceedings. However, the burden is on the military member to show that service has materially affected the ability to appear in court.

Reopening Default Judgments -- Several steps must be taken to have a default judgment reopened, including showing that active duty prejudiced the serviceperson's ability to put on a defense.

The act actually provides many more protections than those listed above, and the Supreme Court has ruled it must be read with "an eye friendly to those who dropped their affairs to answer their country's call."

I'm told that grandparents who are caring for the children of active duty personnel also have rights under this act, providing certain criteria are met.

Shame on you who are preying on the families of military personnel. Most of these families have had their income severely compromised by the call-up and the last thing they need is some Simon Legree showing them the door.

Carmel Hopkins, real estate product manager for the Las Vegas Review-Journal and Las Vegas Sun, can be reached at 380-4574. Her e-mail address is Carmel_Hopkins@ lasvegasnewspapers.com. Snail mail is P.O. Box 70, Las Vegas, NV 89125.

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