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Avoiding Eviction While On Active Duty

By: Jay Romano

February 26th, 2006

… Dov Treiman, editor of The Housing Court Reporter, editor of The Housing Court Reporter, said that service members who live in New York are protected by both the federal service members’ Civil Relief Act and the New York Soldiers’ and Saildors Civil Relief Act.

“While the protections of both laws overlap considerably, the laws are not identical,” Mr. Treiman said. In most cases, whichever law provides greater protection for the service member will be the one the court will apply. In addition, he said, there are court directives intended to enhance protection for service members and their dependents.

Mr. Treiman said that whenever a New York City service member or dependent of a service member is named in a landlord-tenant action, the case is transferred to a special court — known as Part M for “Military Part” — which handles only such cases. That court, he said, has judges and court-appointed lawyers who are familiar with the laws protecting service members and their families …


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