DOJ: Navy sailor awarded $60K after property management violated Servicemembers Civil Relief Act

The Department of Justice (DOJ) announced Wednesday that a U.S. Navy sailor has been awarded $60,000 from a property management company for violating the Servicemembers Civil Relief Act (SCRA), a federal law that provides financial and legal protections to active-duty service members, activated reservists and National Guard members. 

The backstory:

The DOJ says Rental Marketing Solutions, LLC (RMS) property management company based in St. Petersburg, Florida, violated the SCRA by obtaining an unlawful eviction judgment against an active duty Navy sailor.

According to the DOJ, RMS named the sailor as a defendant in an eviction action for a property he had not lived in for several years, filed a false affidavit stating he was not on active duty, and obtained an eviction judgment against him in a Florida county court while he was assigned to the USS Nimitz at the Puget Sound Naval Shipyard in Bremerton, Washington. 

The eviction judgment showed up on his background reports and the DOJ says more than a dozen landlords refused to rent to the sailor and his wife. Due to not being able to find a place to reside, the DOJ says he had to live separately from his wife for four months and rotate among temporary accommodations, including sleeping on the Navy ship in port. 

What they're saying:

"It is unacceptable and illegal for a landlord or property management company to file a false affidavit stating that an active-duty service member is not in military service," said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division in a release. "This SCRA violation had significant consequences, as potential landlords refused to rent to a sailor once they learned of the eviction on his record. He became homeless and his wife was forced to move back in with her parents in another state. The Justice Department will continue to fight to protect the rights of military families."

"Protecting the civil rights of our service members is a top priority for the U.S. Attorney’s Office," said U.S. Attorney Gregory W. Kehoe for the Middle District of Florida in a release.  "We will continue to aggressively enforce the SCRA to protect the service members who fight to protect us here at home. These service members, along with their families, sacrifice to serve our country and deserve to be treated with dignity. No service member should ever be denied housing or have their record tarnished based on a false affidavit." 

What is the Servicemembers Civil Relief Act (SCRA)

The SCRA is a federal law providing comprehensive financial and legal protections to active-duty service members, including activated Reservists and National Guard members. Under the SCRA, members on duty are allowed to postpone or suspend civil obligations, such as high-interest debt, mortgage payments, evictions, and lease terminations.

Under the SCRA, plaintiffs must file an affidavit confirming a defendant’s military status if they fail to appear in court. This requirement ensures the court can appoint counsel or stay proceedings to protect a service member’s interests. However, because RMS filed a false affidavit claiming the sailor was not in the military, he was stripped of these essential legal protections.

By the numbers:

In addition to paying the sailor $60,000in compensation, RMS will pay for ten years of credit monitoring for him and RMS will also be required to pay a $6,000 civil penalty and maintain SCRA policies and procedures to avoid committing future violations.