By Stephanie K. Mann, J.D.
Landlords near Watertown, N.Y. should cautious and ensure that they are complying with the Servicemembers Civil Relief Act, says New York Attorney General Eric T. Schneiderman. The warning came in the wake of the deployment of 2,500 servicemembers stationed at the Fort Drum U.S. Army Base located in upper state New York. “The protections in the Servicemembers Civil Relief Act are not optional and my office will be vigilant in shielding deploying servicemembers from those seeking to take advantage of them,” Schneiderman said.
According to Schneiderman, servicemember complaints indicated that some landlords have attempted to avoid complying with the SCRA by not recognizing the first written notice that a servicemember would be vacating a rental unit by the end of August 2015. Schneiderman cautioned landlords that if they have received written notice in response to a notification, certification, or verification from the servicemember’s commanding officer prior to receipt of official orders, the SCRA timing protections will be considered triggered by the first written notice from the servicemembers.
Schneiderman added that if a servicemember provides a landlord a lease termination notice prior to Aug. 1, 2015, in response to a notification, certification, or verification from the servicemember’s commanding officer, the SCRA mandates that the servicemember’s lease be immediately terminated, with no penalty fees for early termination or the forfeiture of a security deposit.
Schneiderman urged servicemembers who believe they have been adversely impacted to contact his office and file a complaint. Last month, Governor Andrew Cuomo announced that his administration reversed a prior state banking department determination that had allowed unlicensed lenders to make high interest rate loans to servicemembers who were stationed in New York but were not permanent New York residents.
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