1.This Act may be cited as the
Servicemember Housing Protection Act
of 2012
.
2.Enhancements to
protections accorded under the Servicemembers Civil Relief Act
(a)Protection of
surviving spouse with respect to mortgage foreclosure
(1)Section 303 of the Servicemembers Civil Relief Act (50
U.S.C. App. 533) is amended by adding at the end the following new
subsection:
(e)Protection of
surviving spouseWith respect to a servicemember who dies while
in military service from a service-connected cause and who has a surviving
spouse who is the servicemember’s successor in interest to property covered
under subsection (a), this section shall apply to the surviving spouse with
respect to that property during the 9-month period beginning on the date of
such death in the same manner as if the servicemember had not
died.
.
(2)Subsection (e) of section 303 of the Servicemembers Civil
Relief Act, as added by paragraph (1), shall apply to the surviving spouse of a
servicemember whose death occurs on or after the date of the enactment of this
Act.
(b)Termination of
residential leases
(1)Section 305 of such Act (50 U.S.C. App. 535) is
amended—
(A)in subsection
(a)(1)—
(i)in
subparagraph (A), by striking or
at the end;
(ii)in subparagraph
(B), by striking the period at the end and inserting ; or
;
and
(iii)by adding at
the end the following new subparagraph:
(C)in the case of a
lease described in subsection (b)(1) and subparagraph (C) of such subsection,
the date the lessee is assigned to or otherwise relocates to quarters or a
housing facility as described in such
subparagraph.
;
and
(B)in subsection
(b)(1)—
(i)in
subparagraph (A), by striking or
at the end;
(ii)in
subparagraph (B), by striking the period at the end and inserting ;
or
; and
(iii)by adding at
the end the following new subparagraph:
(C)the lease is
executed by or on behalf of a person who thereafter and during the term of the
lease is assigned to or otherwise relocates to quarters of the United States or
a housing facility under the jurisdiction of a uniformed service (as defined in
section 101 of title 37, United States Code), including housing provided under
the Military Housing Privatization
Initiative.
.
(2)Subsection (c)(1) of such section is amended—
(A)in subparagraph
(A)—
(i)by
inserting in the case of a lease described subsection (b)(1) and
subparagraph (A) or (B) of such subsection,
before by
delivery
; and
(ii)by
striking and
at the end;
(B)by redesignating
subparagraph (B) as subparagraph (C); and
(C)by inserting
after subparagraph (A) the following new subparagraph (B):
(B)in the case of a
lease described in subsection (b)(1) and subparagraph (C) of such subsection,
by delivery by the lessee of written notice of such termination, and a letter
from the servicemember's commanding officer indicating that the servicemember
has been assigned to or is otherwise relocating to quarters of the United
States or a housing facility under the jurisdiction of a uniformed service (as
defined in section 101 of title 37, United States Code), to the lessor (or the
lessor's grantee), or to the lessor's agent (or the agent's grantee);
and
.
(c)Definition of
military orders and continental United States for purposes of Act
(1)Such Act is further amended by transferring paragraphs
(1) and (2) of section 305(i) (50 U.S.C. App. 535(i)) to the end of section 101
(50 U.S.C. App. 511) and redesignating those paragraphs as paragraphs (10) and
(11).
(2)Such Act is further amended—
(A)in section 305
(50 U.S.C. App. 535), as amended by paragraph (1), by striking subsection (i);
and
(B)in section 705
(50 U.S.C. App. 595) by striking or naval
both places it
appears.