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HR 2334119th CongressIn Committee

Servicemember Residence Protection Act

Introduced: Mar 25, 2025
Sponsor: Rep. Mast, Brian J. [R-FL-21] (R-Florida)
Housing & Urban Development
Standard Summary
Comprehensive overview in 1-2 paragraphs

The Servicemember Residence Protection Act adds a protective rule to the Servicemembers Civil Relief Act (SCRA) to help prevent service members from losing ownership of their real property while they are on active duty. Specifically, it states that the time a service member spends in military service cannot be counted toward the period required for someone else to gain title to that service member’s property through adverse possession (often colloquially referred to as “squatter’s rights”). In addition, the act requires the Department of Veterans Affairs (VA), in coordination with the Attorney General, to update its websites within 45 days of enactment with resources and information about securing real property during absence, leasing, landlord-tenant rights, and related matters. In short, the bill expands existing protections for service members’ real property by ensuring their time away in service does not contribute to adverse possession periods, while also improving access to information on property-related rights and responsibilities.

Key Points

  • 1New tolling provision: The bill adds a new subsection to Section 206 of the SCRA stating that the period of a servicemember’s military service may not be included in computing a period of adverse possession of the servicemember’s real property.
  • 2Scope: Applies specifically to real property owned by members of the uniformed services, helping to safeguard their homes and land from adverse possession claims while they are deployed or otherwise on duty.
  • 3Preemption of state squatter rights: The provision is framed to preempt or counter state-law-based adverse possession claims by ensuring service time is not counted, reinforcing federal protection for service members.
  • 4Information and resources: The VA, after consulting with the Attorney General, must update relevant websites within 45 days to provide guidance on securing real property during absence, leasing, landlord-tenant rights, and related topics.
  • 5Implementation timeline: The 45-day deadline for the VA/AG to update resources and publish information is explicitly stated.

Impact Areas

Primary group/area affected- Service members who own real property and their families; property owners and their lenders who could be affected by adverse possession claims.Secondary group/area affected- State and local property law interactions (since adverse possession is largely governed by state law) and landlords/tenants who navigate rental arrangements for service members.Additional impacts- Administrative and informational burden on the VA and the Office of the Attorney General to coordinate and maintain up-to-date guidance; potential improvement in homeowners’ protections and clarity around property rights during military service.
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