Property Management Company to Pay $60,000 to Servicemember for False Affidavit

TAMPA, FL - The Justice Department today announced that Rental Marketing Solutions, LLC (RMS), a property management company based in St. Petersburg, Florida, will pay $60,000 to resolve allegations that it violated the Servicemembers Civil Relief Act (SCRA) by obtaining an unlawful eviction judgment against an active duty Navy sailor. This is the largest amount the Department has ever obtained for a single servicemember in a case involving the filing of a false military service affidavit.

"Protecting the civil rights of our servicemembers is a top priority for the U.S. Attorney's Office," said U.S. Attorney Gregory W. Kehoe for the Middle District of Florida. "We will continue to aggressively enforce the SCRA to protect the servicemembers who fight to protect us here at home. These servicemembers, along with their families, sacrifice to serve our country and deserve to be treated with dignity. No servicemember should ever be denied housing or have their record tarnished based on a false affidavit."

"It is unacceptable and illegal for a landlord or property management company to file a false affidavit stating that an active duty servicemember is not in military service," said Assistant Attorney General Harmeet K. Dhillon of the Justice Department's Civil Rights Division. "This SCRA violation had significant consequences, as potential landlords refused to rent to a sailor once they learned of the eviction on his record. He became homeless and his wife was forced to move back in with her parents in another state. The Justice Department will continue to fight to protect the rights of military families."

The Department alleges that RMS named the sailor as a defendant in an eviction action for a property he had not lived in for several years, filed a false affidavit stating he was not on active duty, and obtained an eviction judgment against him in a Florida county court while he was assigned to the USS Nimitz at the Puget Sound Naval Shipyard in Bremerton, Washington. Because the eviction judgment showed up on his background reports, a dozen or more landlords refused to rent to him and his wife. For four months, he had to live separately from his wife and rotate among temporary accommodations, including sleeping on the berthed Naval ship, which had no heat.

The SCRA requires a plaintiff in a case where a defendant does not make an appearance to file an affidavit stating whether the defendant is in military service, with necessary supporting facts. This allows the court to appoint an attorney to represent the servicemember and to postpone the proceedings if a defense cannot be presented without the servicemember's presence. Because RMS filed a false affidavit stating that the sailor was not in military service, he did not receive the benefit of those protections.

Under the settlement, RMS will pay $60,000 in compensation to the sailor and for ten years of credit monitoring for him. RMS will also be required to pay a $6,000 civil penalty and maintain SCRA policies and procedures to avoid committing future violations.

The Department's enforcement of the SCRA is conducted by the Civil Rights Division's Housing and Civil Enforcement Section in partnership with U.S. Attorneys' Offices throughout the country. Since 2011, the Department has obtained $489 million in monetary relief for 152,000 servicemembers through its enforcement of the SCRA. For more information about the Department's SCRA enforcement efforts, please visit https://www.servicemembers.gov.

Servicemembers and their dependents who believe that their rights under the SCRA may have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations can be found at legalassistance.law.af.milLinks to other government and non-government sites will typically appear with the "external link" icon to indicate that you are leaving the Department of Justice website when you click the link.. Do not reply to this message. If you have questions, please use the contacts in the message or call the Office of Public Affairs at 202-514-2007.