The Oklahoma Bar Journal February 2025

FEBRUARY 2025 | 29 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. were made, [a]nd the VA essentially pulled the rug out from under everybody.”15 This is not just a national problem. It is an Oklahoma problem. THE RESOLUTIONS Education Is Key Sometimes, landlords do not follow the law because they do not know it. Each year, Legal Aid Services of Oklahoma Inc. partners with one of the military bases in Oklahoma to provide training to private landlords about their duties arising under the SCRA, the Oklahoma Residential Landlord and Tenant Act (ORLTA)16 and the Fair Housing Act (FHA),17 42 U.S.C.A. §3601, et seq. Some of the topics discussed include lease terminations under the SCRA, returning security deposits for service-related lease terminations and granting reasonable accommodations for disabled veterans. Knowledge is power, and these trainings equip landlords with the information they need to avoid costly penalties for violating these laws. Many Oklahoma housing advocacy organizations offer comparable free training. Mortgage professionals should equally be aware of their duties arising under the SCRA. The SCRA applies to preservice mortgage obligations. Mortgage professionals should be trained to recognize to whom the SCRA applies, how to recognize a request made pursuant to the SCRA and the procedures of their organizations for processing SCRA requests. For example, when an active-duty service member requests an in-service interest rate reduction, a mortgage professional should recognize that the request is an SCRA request and know what steps to instruct the borrower to take to accomplish the goal. Efforts by the Department of Veterans Affairs In response to the veteran foreclosure crisis, the VA extended its moratorium on foreclosures through Dec. 31, 2024, to implement the Veterans Affairs Servicing Purchase (VASP) program. The VA estimates the VASP program will assist 40,000 veterans with avoiding homelessness. According to the VA: Through VASP, VA will purchase defaulted VA loans from mortgage servicers, modify the loans, and then place them in the VA-owned portfolio as direct loans. This will empower VA to work directly with eligible Veterans to adjust their loans – and their monthly payments – so they can keep their homes. With VASP, these borrowers will have a fixed 2.5% interest rate, which will provide a consistent, affordable payment for the remainder of their loan.18 Legal practitioners who advocate for veterans facing foreclosure can assist their clients with accessing the VASP program. The VA is also taking steps to assist homeless veterans with obtaining housing. The VA’s National Call Center for Homeless Veterans assists homeless and at-risk for homelessness veterans and provides solutions and agency connections to prevent veteran homelessness.19 The VA, working with the U.S. Department of Housing and Urban Development (HUD), administers the HUDVeterans Affairs Supportive Housing (HUD-VASH) program – a voucher program exclusively for veterans who are low income and at risk for homelessness. The HUD provides vouchers, while the VA provides supportive services and case management. The VA has a threefold mission statement for ending veteran homelessness: Conducting coordinated outreach to proactively seek out Veterans in need of assistance. Connecting homeless and at-risk Veterans with housing solutions, health care, community employment services and other required supports. Collaborating with federal, state and local agencies; employers; housing providers, faith-based and community nonprofits; and others to expand employment and affordable housing options for Veterans exiting homelessness.20 These are the beginning of efforts. Enforcement The Department of Justice (DOJ) has embarked upon enforcing the SCRA against noncompliant housing providers. The DOJ is committed to ensuring that service members may exercise their rights guaranteed by the SCRA without undue burdens. In January 2024, the DOJ initiated United States v. McGowan Realty, LLC, d/b/a RedSail Property Management (E.D. Va.).21 In that case, the U.S. alleged that the landlord violated the SCRA by refusing to honor the service member’s residential lease termination notice, charging him early lease termination fees and additional rent. The consent order, which must be approved by the court, requires the landlord to pay the

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