United States v. San Diego Family Housing, LLC (S.D. Cal.)

Overview: 

On November 1, 2016, the court entered a consent order in United States v. San Diego Family Housing, LLC (S.D. Cal.).  The complaint, which was filed by the United States Attorney’s Office on August 10, 2016, alleged that the owner and operator of dozens of on-base and off-base military housing communities throughout Southern California obtained default eviction judgments against active duty servicemembers without filing proper affidavits of military service, as required by the Servicemembers Civil Relief Act (SCRA).  The consent order requires the payment of $140,000 in damages to four servicemembers ($35,000 each) and a $60,000 civil penalty, for a total of $200,000.  The consent order also requires the defendants to vacate the eviction judgments, forgive any deficiency balances, and ask the credit bureaus to remove the evictions from the servicemembers’ credit reports.  In the future, the defendants will have to check the Department of Defense Manpower Data Center (DMDC) database and file a proper affidavit of military service before seeking a default judgment against any tenant in an eviction action. 

Press Release (9/10/16)

Case Open Date: 
Wednesday, August 10, 2016
Case Name: 
United States v. San Diego Family Housing, LLC (S.D. Cal.)
Topic: 
Civil Rights
Tags: 
Servicemembers Civil Relief Act
SCRA
military
Lincoln Military Housing
Lincoln Military Property Management
on-base housing
off-base housing
Southern California
evicted
evictions
active-duty
default judgments
legal rights
affidavit
court order
default judgment
credit report
Industry Code: 
None
Component: 
Civil Rights Division
Updated November 4, 2016