I understand that you cannot drill open a safe box for a servicemember on active duty for non-payment of rent. However, can access to the box be restricted for non-payment?

It is my understanding that you cannot prevent access to the box even though rent my be delinquent. Our Compliance Office had us adjust procedures a few years ago as this became an issue - we can continue to let the renter know that rent is due but, cannot restrict access if one or more of the renters is an active duty servicemember.

We have a backroom check delinquent SDB rent reports to the DoD website and the backroom in turn notify the frontline branch where the box is held whether to code the box entry card as Activty Duty so that access and drilling doesn't occur. They also code the box account to prevent late fees from being assess if rented by an active duty servicemember. They

I cannot find any support that prohibits restricting access to the box and charging late fees. This (below) is the applicable section of the law I believe regarding storage liens...also googled for guidance/best practices related to safe box and am coming up empty handed. Anything you can point me to NeverEndingSupport (or anyone else), other than it being a nice thing/right thing (opinion) to do for our servicemembers?

§ 3958. Enforcement of storage liens.
[Section 307 of the Act.]
(a) LIENS-
(1) LIMITATION ON FORECLOSURE OR ENFORCEMENT-
A person holding a lien on the property or effects of a servicemember may not, during any period of military service of the servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or effects without a court order granted before foreclosure or enforcement.
(2) LIEN DEFINED-
For the purposes of paragraph (1), the term `lien' includes a lien for storage, repair, or cleaning of the property or effects of a servicemember or a lien on such property or effects for any other reason.
(b) STAY OF PROCEEDINGS-
In a proceeding to foreclose or enforce a lien subject to this section, the court may on its own motion, and shall if requested by a servicemember whose ability to comply with the obligation resulting in the proceeding is materially affected by military service--
(1) stay the proceeding for a period of time as justice and equity require; or
(2) adjust the obligation to preserve the interests of all parties.
The provisions of this subsection do not affect the scope of section 3953 of this title].
(c) MISDEMEANOR-
A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as provided in title 18 or imprisoned for not more than one year, or both.

THANKS

Restricting access is depriving the SM of their property. There is very little difference between "we're taking your stuff and selling it" and "we have your stuff and if you pay us, you can get it back." I wouldn't touch it with a 39.5' pole and I can't see a cost effective upside to the bank in doing this.

Thanks, I concur.

Another question regarding safe deposit boxes and SCRA...please let me know if the correct applicability for safe deposit boxes with respect to SCRA is under § 3958 - Enforcement of storage liens. I have someone telling me I should be referring to § 3952 - Protection under installment contracts for purchase or lease.

Thanks in advance.

No - a safe deposit box is not real or personal property.

rlcarey thanks for responding however I just want to make sure I am clear on your response...which is correct, 3958 or 3952? Thanks much appreciated.

Just saw an ABA Compliance article from July 2013 that references section 532 of the Act, which correlates to section 3952....but that does not make sense to me. I am seriously confused.

https://www.bankersonline.com/regulations/scra-xref

they moved/renamed the regs. that is referring to the same section just the old vs. new naming convention.

Yes, I understand that (old vs new referencing)...what I want to know is which section of the SCRA applies to safe deposit boxes...

§ 3952 - Protection under installment contracts for purchase or lease (old reference 532, which is cited in the ABA article)

or

§ 3958 - Enforcement of storage liens (old reference 537)

Reading both sections, I believe section 3958 is the correct section, not 3952. I would like to confirm which is the correct section, as I am performing an audit and need to be sure I am looking at the right section of the SCRA.

§ 3952 - no - like I said, a safe deposit box is not personal or real property.
§ 3958 - yes

§ 3952. Protection under installment contracts for purchase or lease.

(a) PROTECTION UPON BREACH OF CONTRACT-

(1) PROTECTION AFTER ENTERING MILITARY SERVICE- After a servicemember enters military service, a contract by the servicemember for--

(A) the purchase of real or personal property (including a motor vehicle); or

(B) the lease or bailment of such property,

Thanks you!!!!