SVWG Manual - Chapter 3: HOUSING

1. Termination of Rental Agreement by a Servicemember (Florida Statute § 83.682)
   1. Allows servicemembers to terminate their leases if they receive a Permanent Change of Station Orders (PCS) to move 35 miles or more from the location of the leased premises; receive temporary duty, change of station orders, or active duty orders in an area 35 miles or more from the location of the leased premises, for a period exceeding 60 days; are prematurely or involuntarily discharged or released from active duty, and the leased premises is 35 miles or more from their home of record; after leasing the premises but before occupancy, receive change of station orders to move 35 miles or more from the leased premises; or receive military orders to move or become eligible to move into military housing.
   2. Written notice must be provided to the landlord no less than 30 days before the effective date of the termination and accompanied by a copy of the official military orders or written verification signed by the servicemember’s commanding officer.

   3. If the servicemember terminates their lease pursuant to this section, 14 or more days prior to occupancy, no damage or penalties of any kind will be assessed.

       

2. Things to Know About Florida Statute 83.682

   1. Does not allow other co-tenants on lease including other military members to   terminate unless they also qualify to terminate under similar criteria outlined in this statute.
   2. If servicemember hasn’t received official signed orders he/she should get their Commanding Officer to write a letter on their behalf in lieu of orders.
   3. PCS orders include orders for separation/retirement.
   4. Lease termination date shall be effective on the date stated in the notice that is at least 30 days after landlord’s receipt of notice with orders or letter even if the servicemember must move/deploy earlier than 30 days from date of notice.
   5. Rent may be prorated at expiration of lease based on lease termination date. Example: Member pays last month’s rent at commencement of lease of $2000.00.  Payment due on  the first of  each month. Notice given May 15^th that lease shall terminate midnight June 14^th. Member receives return of prorated rent for June 15-June 30^th rather than pays rent on the first of the month.  If you haven’t paid last month’s rent in advance servicemember would pay prorated rent on June 1^st through June 14^th.
   6. Statute permits member’s dependents to terminate lease if the servicemember has signed the lease.
   7. The landlord may not impose an early termination fee.
   8. Does not require a Military Termination of Lease Clause be specifically noted in lease agreement.
   9. Thirty days’ notice doesn’t start until the military member complies with the written notice of termination.
   10. Provisions may not be waived or modified by agreement of the parties under any circumstances.
   11. How to Seek assistance: contact nearest JAG legal office.

    

3. Rental Application by a Servicemember (Florida Statute § 83.683)

   1. Requires landlords and condominium associations to process rental applications submitted by servicemembers within 7 days of submission.
   2. If a written denial is not provided by the landlord or condominium association within the 7-day period, the rental premises must be leased to the servicemember if the servicemember complies with all other terms of the application and lease.

    

4. Retaliatory Conduct (Florida Statute § 83.64)

   1. Prohibits landlords from retaliating against servicemembers who have terminated their lease pursuant to Florida Statute § 83.682.

    

5. Florida Uniformed Servicemembers Protection Act (Florida Statute § 250.84)
   1. Expands protections to include landlord and tenant matters not currently protected by federal law.  

1. HUD-Veterans Affairs Supportive Housing (VASH) Program
   1. Combines HUD’s Housing Choice Voucher (HCV) Program with case management and supportive services provided by the Department of Veteran Affairs (VA).
   2. Veterans may use their HUD-VASH Voucher to rent housing in the private market. Generally, veterans pay 30% of their adjusted monthly income in rent, and a local public housing authority pays the rest.
2. Supportive Services for Veteran Families (SSVF) Program
   1. Section 604 of the Veterans’ Mental Health and Other Care Improvements of 2008, Public Law 110-387, authorized the VA to develop the SSVF Program to provide case management and supportive services to prevent imminent homelessness and rapidly re-house homeless veterans and their families.

This section provides information and resources available for Servicemembers, Veterans, and their families, related to foreclosure rights and protections. This section is non-exhaustive and should be consulted with the other materials provided in this manual. The available foreclosure protections for homeowners can be categorized based on specific regulations and acts.

1. Residential Foreclosure Mediation
   1. Some courts have developed forms and procedures to verify compliance with residential foreclosure mediation programs, which involve the lender/servicer representatives, their attorneys, and borrowers (In re Final Report and Recommendations on Residential Mortg. Foreclosure Cases, Not Reported in So.3d (2009)).
   2. Many U.S. District Bankruptcy Courts provide a mortgage modification program for repayment of the mortgage through a Chapter 13 Bankruptcy Plan.

2. Truth in Lending Act (TILA) and Homeownership and Equity Protection Act (HOEPA)
   1. These laws provide upfront information to potential borrowers about the terms and costs of borrowing, aiming to allow borrowers to meaningfully compare their lending options and protect consumers from predatory lending practices.  Certain cost of credit information is required before most financing contracts are signed. Information such as the Annual Percentage Rate (different from the interest rate); the Amount Financed, Finance Charges and the total of payments required through to the end of the term of the loan.  With certain home mortgage refinance options, a borrower must be given two copies of a notice of their right to rescind the loan within three business days. Two copies of the form a borrower can use to rescind must also be provided.

3. HUD Regulations

   1. The Department of Housing and Urban Development (HUD) regulations and Veterans’ Administration loans require mortgage companies to make reasonable efforts to hold a face-to-face meeting with the borrower before accelerating the mortgage obligation or filing a foreclosure complaint (24 C.F.R. 203.604). This is aimed at giving borrowers a chance to discuss potential alternatives to foreclosure directly with the lender.  The process of working on a resolution of the delinquency without the need for foreclosure is called “loss mitigation.”  Loss mitigation can take the form of a loan modification, a short sale or a deed in lieu of foreclosure. That process has significant federal protections found in Regulation X. 12 C.F.R. 1024.1, et seq.

    

4. Home Owners’ Loan Act of 1933
   1. This act was designed to help homeowners refinance their mortgages on longer terms and at lower rates of interest, providing relief to homeowners in distress (Home Owners' Loan Act of 1933, § 1 et seq., 12 U.S.C.A. § 1461 et seq.)

4. Federal Housing Administration (FHA) Guidelines
   1. FHA guidelines encourage lenders to make substantial efforts to rectify default situations by reviewing loan modification, short sale or deed in lieu options for borrowers who are behind in their payments. This process is called “loss mitigation.” For more information about what HUD can do for you if you are unable to make your monthly mortgage payments click here.
      1. Modification options include a partial claim, adding the delinquent sums to the end of the term of the loan; modifying the terms of the loan such as the interest rate, duration and monthly payment amount. The loss mitigation process has significant federal protections found in Regulation X. 12 C.F.R. 1024.1, et seq.

5. Right to Cure

   1. In Florida, the right to cure from foreclosure is outlined in Florida Statute 45.0315, which states that a mortgagor can prevent a foreclosure sale by paying the amount specified in the judgment, order, or decree of foreclosure, tendering the performance due under the security agreement, plus reasonable expenses of proceeding to foreclosure. The right to cure can be exercised at any time before the later of the filing of a certificate of sale by the clerk of the court, or the time specified in the judgment, order, or decree of foreclosure. Some mortgage agreements provide homeowners the right to cure the default after acceleration of mortgage payments and prior to the foreclosure sale, provided all amounts past due are paid within the time permitted by law. Some mortgage agreements provide homeowners the right to cure the default after acceleration of mortgage payments and prior to the foreclosure sale, provided all amounts past due are paid within the time permitted by law.

    

6. Regulation X
   1. When a borrower falls behind in their mortgage payments, they often have the right to attempt to modify their loan through a process called loss mitigation.  This process can be started by requesting an application from the servicer of the loan.  The servicer is the company that handles all the payment collection, real property and insurance premium payments from escrow and customer concerns. Borrowers now have protections requiring the servicer to take certain steps within certain timelines to review the borrower’s financial circumstances. The servicer can offer the option of modifying the loan to make it more affordable, allowing a short sale of the home or accepting a deed in lieu of foreclosure.  The servicer can be sued if it does not offer this option at least once and does not time review a borrower’s loss mitigation application. 12 C.F.R. 1024.41.

7. Veterans’ Administration Servicing Purchase Program
   1. The Veterans’ Administration has created a program to assist borrowers with financial hardships to avoid unnecessary foreclosures. Through the program, borrowers who are in default go through the process of attempting to modify their loans to make them more affordable. Options include a repayment plan, loan modification, short sale, repurchase of your loan by the Veteran’s Administration or signing a deed in lieu. You can find out more information about how to start the process of review when you are behind in your VA mortgage payments.

8. Right to Terminate Contract to Purchase Real Property
   1. Florida Statute § 689.27 Allows a servicemember to terminate a contract to purchase real property prior to closing under any of the following circumstances: (1) after entering into the contract the servicemember receives change of station orders to move 35 or more miles from the location of the property; (2) after entering into the contract the servicemember is released from active duty and the property is 35 or more miles from the home of record; (3) the servicemember receives military orders to move into or becomes eligible to live in and opts to move into government quarters (4) the servicemember receives temporary duty orders, temporary change of station orders or active duty orders for a period of more than 90 days to an area 35 or more miles from the property. The notice to terminate from the servicemember must be in writing and is effective immediately.  All funds paid by the servicemember must be refunded upon termination and rights under this section cannot be waived or modified by the servicemember.

9. Adjustment of Mortgage Obligation/Stay of Proceedings/ Enhanced Protections
   1. In addition to providing the right to seek a stay of a foreclosure, 50 U.S.C. §3953(b), entitles a servicemember to an adjustment of the obligation to preserve the interests of the parties when the obligation materially affects military service and is secured by a mortgage or other type of security upon real or personal property. The adjustment may stay in effect until justice and equity requires. The obligation must have originated prior to the period of active-duty service.  The Court may adjust the obligation upon its own motion within one year of a servicemember’s period of military service. Failure to comply is a misdemeanor.

10. The Federal Fair Housing Act

    1. See Chapter 3 of the Housing chapter below.

     

11. Foreclosure Protections

    1. If a servicemember took out a mortgage loan before entering the military, your lender must get a court order before it can foreclose on your home. This protection applies while you are serving in the military and for one year after you complete your service. The Court may stay the proceedings upon its own motion and shall stay any action filed during or within one year of a servicemember’s period of military service. Any sale, seizure or foreclosure because of a breach during that time is invalid. Failure to comply is a misdemeanor. Under 50 U.S.C. §3953(c).
    2. A servicemember is entitled to a stay of proceedings to enforce obligations secured by a mortgage or other type of security upon real or personal property. The obligation must have originated prior to the period of active-duty service.  The court may stay the proceedings upon its own motion and shall stay the proceedings upon application by the servicemember.  Also provides that for obligations covered under this section, a sale, foreclosure or seizure is not valid if made during active duty (or 30 days thereafter) unless by court order. Florida Statute § 250.5205.

     

12. Door to Door Home Improvement Sales
    1. Homeowners are entitled to a three-day cooling off period for sales made away from the vendor’s usual place of business. Often door-to-door salespeople solicit the sale of water treatment systems, roofs, HVAC and solar panels.  These sales are usually accompanied by an often-unnoticed loan financing for these products. The door-to-door salespeople must be licensed to engage in that type of sales.  Door-to-door sales are often conducted on a handheld device where only one page of many is shown to the purchaser/borrower. Property Assessed Clean Energy (PACE) financing transactions are often utilized for these types of home improvements.    This financing product is high cost and can make selling your home more difficult.  Homeowners often find that little information is provided to help them understand the true costs and consequences of the loan. Payments are made annually through a homeowner’s annual tax bill.  PACE loans are a super-priority lien meaning if the large lump sum payment required beginning every November is not paid the home can be foreclosed upon just as when a homeowner fails to pay taxes. 

11. Home Equity Conversion Mortgages (HECM)
    1. Homeowners who are 62 years old and older are eligible for a HECM or “reverse mortgage” if they have sufficient equity in their home to do so. No payments are required on the loan, therefore, the total amount owed increases each month with the addition of interest and other loan charges.  The loan becomes due if the borrower does not 1)  pay their real estate taxes, keep the home insured and pay other property charges like HOA/COA dues; 2) live in the property for more than a year with no intention to return and/or 3) the borrower dies.  The reporting requirements for these loans can be difficult for borrowers to follow as the rules often change.  If these rules are not met, the borrower will face foreclosure. Homeowner’s insurance can be difficult to keep and maintain in older homes. Borrowers over 62 years old with equity in their home tend to have older homes requiring extensive repairs just to maintain insurance. Failure to maintain insurance will also lead to foreclosure and potentially the loss of a borrower’s home thought foreclosure.

1. The Servicemembers Civil Relief Act (50 U.S.C. §§ 3901-4043): provides for the temporary suspension of judicial and administrative proceedings and civil protections in areas such as housing, credit and taxes for military personnel while they are on active duty.
   1. For more information, please visit the Servicemembers Civil Relief Act website.

   2. Learn more about the Department of Justice’s Servicemembers and Veterans Initiative.

       

2. The Fair Housing Act (FHA) (42 U.S.C. §§ 3601 et seq.): prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions and homeowners insurance companies whose discriminatory practices make housing unavailable to persons because of: (1) race or color; (2) religion; (3) sex; (4) national origin; (5) familial status; or (6) disability.

   1. Race or Color: one of the central objectives of the Fair Housing Act, when Congress enacted it in 1968, was to prohibit race discrimination in sales and rentals of housing. Sometimes, housing providers try to disguise their discrimination by giving false information about availability of housing, either saying that nothing was available or steering homeseekers to certain areas based on race. Individuals who receive such false information or misdirection may have no knowledge that they have been victims of discrimination. And sometimes, municipalities and other local government entities deny permits or zoning changes for housing developments, or relegate them to predominantly minority neighborhoods, because the prospective residents were expected to be a particular race or color. All of this conduct violates the FHA.
   2. Religion: this prohibition covers instances of overt discrimination against members of a particular religion as well less direct actions, such as zoning ordinances designed to limit the use of private homes as a place of worship. The FHA does contain a limited exception that allows non-commercial housing operated by a religious organization to reserve such housing to persons of the same religion.
   3. Sex: one form of sex discrimination that violates the FHA is sexual harassment in housing. Women, particularly those who are poor, and with limited housing options, often have little recourse but to tolerate the humiliation and degradation of sexual harassment or risk having their families and themselves removed from their homes. The FHA prohibits conduct by landlords, and others who have control over housing, who create an untenable living environment by demanding sexual favors from tenants or by creating a sexually hostile environment for them. The FHA and the Equal Credit Opportunity Act also prohibit pricing discrimination in mortgage lending that may adversely affect women, particularly minority women.
   4. National Origin: this discrimination can be based either upon the country of an individual's birth or where their ancestors originated. For instance, municipal governments that have tried to reduce or limit the number of Hispanic families that may live in their communities. Lenders have also imposed more stringent underwriting standards on home loans or made loans on less favorable terms for Hispanic borrowers. The FHA also prohibits private landlords from discriminating against prospective or actual tenants on the basis of national origin.
   5. Familial Status: the FHA, with some exceptions, prohibits discrimination in housing against families with children under 18. In addition to prohibiting an outright denial of housing to families with children, the FHA also prevents housing providers from imposing any special requirements or conditions on tenants with custody of children. For example, landlords may not locate families with children in any single portion of a complex, place an unreasonable restriction on the total number of persons who may reside in a dwelling, or limit their access to recreational services provided to other tenants. In most instances, the amended FHA prohibits a housing provider from refusing to rent or sell to families with children. However, some facilities designated as Housing for Older Persons (55 years of age) may meet the standards set forth in the Housing for Older Persons Act of 1995 and may therefore operate as "senior" housing.
   6. Disability: The FHA prohibits discrimination on the basis of disability in all types of housing transactions. The FHA defines persons with a disability to mean those individuals with mental or physical impairments that substantially limit one or more major life activities. The term “mental or physical impairment” may include conditions such as blindness, hearing impairment, mobility impairment, HIV infection, mental retardation, alcoholism, drug addiction, chronic fatigue, learning disability, head injury, and mental illness. The term “major life activity” may include seeing, hearing, walking, breathing, performing manual tasks, caring for oneself, learning, speaking, or working. The FHA also protects persons who have a record of such an impairment or are regarded as having such an impairment.

    

3. The Equal Credit Opportunity Act (ECOA) (15 U.S.C. § 1691; 12 C.F.R. § 202.2(l)): prohibits discrimination against an applicant for credit, with respect to any aspect of a credit transaction (1) on the basis of race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to contract); or (2) because all or part of the applicant’s income derives from any public assistance program.

    

4. The Housing Rights subpart of the Violence Against Women Act (VAWA) Reauthorization Act of 2022 (VAWA 2022) (34 U.S.C. §§ 12491-12496): provides certain housing protections for victims of domestic violence, dating violence, sexual assault, and stalking with respect to covered housing programs, and protects an individual’s right to seek law enforcement or emergency assistance without penalty when they are the victim or otherwise not at fault.

    

5. File an SCRA Complaint:

   1. Servicemembers and their dependents who believe that their rights under the Servicemembers Civil Relief Act may have been violated should contact the nearest Armed Forces Legal Assistance Program Office.
   2. If you are not eligible for military legal assistance services and would like the Department of Justice to evaluate your claim, please submit a complaint online. Please note the Department is unable to investigate every SCRA complaint it receives. Furthermore, although the Department files SCRA lawsuits in the name of the United States on behalf of affected servicemembers, it cannot form an attorney-client relationship with any individual servicemember.

    

6. File a Fair Housing Complaint:

   1. The U.S. Department of Justice, Civil Rights Division: submit a complaint online, email fairhousing@usdoj.gov, or call 1-833-591-0291. To report sexual harassment in housing, call 1-844-380-6178.
   2. The U.S. Department of Housing and Urban Development (HUD): submit a complaint online, call 1-800-669-9777, contact your regional Office of Fair Housing and Equal Opportunity (FHEO), or print out a HUD housing discrimination complaint form and mail it to your regional FHEO. Florida’s FHEO is in Region IV, which can be reached by email at ComplaintsOffice04@hud.gov or you may call them directly at 1-800-669-9777 or 1-800-440-8091
   3. The Florida Commission on Human Relations (FCHR) works directly with HUD and investigates housing discrimination inquiries under the Florida Fair Housing Act, Chapter 760. You can file a complaint directly with HUD (see above). You can also mail or fax an FCHR complaint form directly to them at 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020. Finally, you can call FCHR at 1-850-488-7082 or email them at fchrinfo@fchr.myflorida.com. Individuals with communication disabilities can contact FCHR using The Florida Relay Service Voice (statewide) 711, TDD ASCII (800) 955-1339, or TDD Baudot (800) 955 – 8771.

    

    

Free legal aid housing services to low-income and eligible servicemembers and veterans.

• Bay Area Legal Services serving Hillsborough, Pinellas, Pasco, Manatee, Sarasota counties and the statewide Florida Veterans Legal Helpline.
• Coast to Coast Legal Aid serving veterans age 60+ in Broward County.
• Community Legal Services serving Orange, Volusia, Brevard, Citrus, Hernando, Sumter, Osceola, Seminole, Marion, Putnam, Flagler, Lake counties.
• Florida Legal Services serving north-central Florida in Fair Housing and Eviction Prevention in Alachua County.
• Florida Rural Legal Services serving Lee, Polk, Palm Beach, St. Lucie, Martin, Okeechobee, Indian River, Highlands, Hardee, Hendry, Charlotte, Desoto and Glade counties.
• Gulfcoast Legal Services serving Pinellas, Manatee and Sarasota counties.
• Jacksonville Area Legal Aid serving Alachua, Baker, Bradford, Clay, Columbia, Dixie, Duval, Gilchrist, Hamilton, Lafayette, Levy, Madison, Nassau, St. Johns, Suwannee, Taylor and Union counties.
• Legal Aid Service of Broward County serving Broward County.
• Legal Aid Service of Collier County serving Collier County.
• Legal Aid Society of Palm Beach County serving Palm Beach County.
• Legal Services of Greater Miami serving Miami-Dade and Monroe counties.
• Legal Services of North Florida serving Jefferson, Leon, Wakulla, Gadsden, Liberty, Franklin, Jackson, Calhoun, Gulf, Holmes, Washington, Bay, Walton, Okaloosa, Santa Rosa, and Escambia counties.
• Mission United of United Way of Broward County serving Broward County.
• Three Rivers Legal Services serving Alachua, Baker, Bradford, Clay, Columbia, Dixie, Duval, Gilchrist, Hamilton, Lafayette, Levy, Madison, Nassau, St. Johns, Suwannee, Taylor and Union counties. 

1. US Southcom Army Garrison Legal Office
   9301 NW 33^rd Street
   Suite E2081
   Doral, Florida 33172
   305-437-1734

    

2. MacDill Air Force Base Legal Office
   8208 Hangar Loop Drive
   Tampa, Florida 33621
   813-828-4421

    

3. Naval Air Station Regional Legal Services Office
   Naval Air Station
   Ranger Street #4
   Jacksonville, FL 32212
   904-542-5895

    

4. Patrick Space Force Legal Office
   1201 Edward H. White II Street
   Patrick Space Force, Florida 32925
   321-494-7357

    

5. RLSO Southeast Det Mayport
   1868 Baltimore Street
   Mayport, Florida 32228
   904-270-5445

    

6. Tyndall Air Force Base
   445 Suqannee Road
   Suite 110
   Panama City, Florida 32403
   850-283-4681

    

7. RLSO Southeast Det Pensacola
   121 Cuddahy Street
   Suite B Building 680
   NAS Pensacola, Florida 32508
   850-452-3733

1. SAMPLE 83.682 NOTICE OF TERMINATION; MUST EDIT AS NEEDED; CONTACT A LOCAL LEGAL ASSISTANCE OFFICE IN YOUR AREA BEFORE SENDING

TYPE IN NAME AND ADDRESS OF LANDLORD

DATE: May 22, 2024

Re: Termination of Lease Pursuant to Florida Statute 83.682

Lease Location:

Dear_______________________: 

 

I am writing to you regarding termination of my lease pursuant to Florida Statute 83.682 (1) (e) based on receiving temporary duty orders outside the state of Florida in excess of 60 days.  This letter serves as my notice of intention to terminate the lease as of midnight June 21, 2024.  Attached is a copy of my orders.

I paid $3000.00 as last month’s rent at the time I signed this lease.  Therefore, I am entitled to the return of prorated rent at the per diem rate of $100.00 ($3000.00/30days) for June 22, 2024 through June 30, 2024 which totals $900.00 .

My forwarding address for purposes of my security deposit and pro-rated rent  is as follows:

Thank you for your consideration. 

                                                                        Sincerely,

 

                                                                         Name

Military Service

Enclosure: Military Orders

2. SAMPLE NOTICE OF TERMINATION: IF HAVEN’T RECEIVED OFFICIAL ORDERS; MUST EDIT AS NEEDED; CONTACT A LOCAL LEGAL ASSISTANCE OFFICE IN YOUR AREA BEFORE SENDING

TYPE IN NAME AND ADDRESS OF LANDLORD

DATE: June 21, 2024

Re: Termination of Lease Pursuant to SCRA 50 US Code Section 3955

Lease Location:

Dear_______________________: 

 

This letter is my formal notice of my intent to terminate my lease with you as of July 31, 2024 due to my permanent change of station (PCS) orders to---(name of new duty station). I’ve attached a copy of a letter from my command notifying you of my pcs move.

I will pay rent on July 1, 2024 for the month of July but will be vacating the residence on July  23, 2024.  I request that you reimburse me for prorated rent if you are able to rent the residence prior to July 31, 2024.

My forwarding address for purposes of my security deposit is as follows:

Please contact me regarding a final walk through and let me know what if any further information you need regarding the lease.

                                                                        Sincerely,

 

                                                                         Name

Military service

Enclosure: Letter from my command