Portman, Warren Announce FY 2021 Conference Report Includes Support for Dependents of Fallen and Injured Servicemembers
Bipartisan Provision Would Extend Leasing Protections to Dependents of Fallen and Catastrophically Injured Servicemembers
WASHINGTON, DC – Today, U.S. Senators Rob Portman (R-OH) and Elizabeth Warren (D-MA) announced that the FY 2021 National Defense Authorization Act (NDAA) conference report includes their bipartisan Leasing Relief for Dependents of Fallen Heroes and Injured Servicemembers Act, that will allow dependents of deceased or catastrophically injured servicemembers to terminate residential and car leases without financial penalty under certain conditions.
“Military dependents dealing with the death or catastrophic disability of a loved one as the result of their service should have the ability to end home and car leases without incurring financial penalties,” said Senator Portman. “This bipartisan provision in the conference report will provide much-needed relief for these families.”
“I’m thankful that Congress chose to advance our bipartisan legislation to extend financial relief to the dependents of our fallen or catastrophically injured servicemembers,” Senator Warren said. “Our servicemembers keep our country safe through their incredible sacrifices, and they and their families deserve the very best – and that includes making these financial protections the law.”
Under current law, spouses of servicemembers who died or sustained a catastrophic injury or illness may terminate a car lease and a residential lease, without penalty, one year from the date of the death, catastrophic injury or illness, as long as that servicemember died or sustained the injury or illness while in military service or while performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training.
The Leasing Relief for Dependents of Fallen Heroes and Injured Servicemembers Act amends the Servicemembers Civil Relief Act (SCRA) to extend these protections to the dependents of deceased servicemembers or servicemembers who sustained a catastrophic injury or illness. Notably, the bill would allow dependents to terminate a car lease and a residential lease on the servicemembers' behalf within one year from the date of the servicemembers' injury or illness in cases in which they lack the mental capacity to enter into a contract or to manage their own financial affairs due to their injury or illness. The legislation also clarifies that injured or ill servicemembers themselves may still terminate these leases, in order to preempt an adversarial situation in which the injured or ill servicemember is still able to make the decision about a lease, but the spouse or dependent had a contrary view and attempted to wrongfully overrule the servicemember's wishes.
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