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10 U.S.C. § 2891b — Considerations of eligible entity housing history in contracts for privatized military housing
Federal law — U.S. Code and appendices · legal_authorities
**(a) Consideration Required.—** To assist in making a determination whether to enter into a new contract, or renew an existing contract, with an eligible entity, the Secretary of Defense shall develop a standard process by which the Secretary concerned may evaluate the past performance of the eligible entity for purposes of informing future decisions regarding the award of such a contract.
**(b) Elements of Process.—** The process developed under subsection (a) shall include, at a minimum, consideration of the following:
(1) Any history of the eligible entity of providing substandard housing.
(2) The recommendation of the commander of the installation for which housing units will be provided under the contract.
(3) The recommendation of the commander of any other installation for which the eligible entity has provided housing units.
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Source file: Laws/federal/codes/united-states-code/title-10/section-2891b-considerations-of-eligible-entity-housing-history-in-contracts-for-priva--6f155503f3.md
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Source location: Title 10, Chapter 169, § 2891b; chapter-169-military-construction-and-military-family-housing.md
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**(a) Consideration Required.—** To assist in making a determination whether to enter into a new contract, or renew an existing contract, with an eligible entity, the Secretary of Defense shall develop a standard process by which the Secretary concerned may evaluate the past performance of the eligible entity for purposes of informing future decisions regarding the award of such a contract.
**(b) Elements of Process.—** The process developed under subsection (a) shall include, at a minimum, consideration of the following:
(1) Any history of the eligible entity of providing substandard housing.
(2) The recommendation of the commander of the installation for which housing units will be provided under the contract.
(3) The recommendation of the commander of any other installation for which the eligible entity has provided housing units.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The requirements of this section condition contracts entered into using the authorities provided to the Secretary concerned under [section 2872 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2872&num=0&edition=prelim) and other authorities provided under subchapter IV of this chapter and this subchapter.
**(b) Exclusion of Certain Employees.—** A landlord providing a housing unit shall prohibit any employee of the landlord who commits work-order fraud under the contract from doing any work under the contract.
**(c) Dispute Resolution Process.—** Any decision the commander renders in favor of the tenant in the formal dispute resolution process established pursuant to [section 2894 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2894&num=0&edition=prelim) will be taken into consideration in determining whether to pay or withhold all or part of any incentive fees for which a landlord may otherwise be eligible under the contract.
**(d) Responsibility for Certain Medical Costs.—**
(1) **Reimbursement required under certain circumstances.—** — If the Secretary concerned finds that a landlord fails to maintain safe and sanitary conditions for a housing unit under the contract and that, subject to paragraph (2), these conditions result in a tenant of the housing unit receiving medical evaluations and treatment, the landlord shall be responsible for reimbursing the Department of Defense for any costs incurred by the Department to provide the medical evaluations and treatment to the tenant, whether such evaluations and treatment are provided in a military medical treatment facility or through the TRICARE provider network.
(2) **Review process.—** — Before the Secretary
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2891
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Defense shall ensure that each contract between the Secretary concerned and a landlord regarding the management of housing units for an installation of the Department of Defense includes the requirements set forth in this section.
**(b) Requirements for Installation Commanders.—**
(1) The installation commander shall be responsible for—
(A) reviewing, on an annual basis, the mold mitigation plan and pest control plan of each landlord managing housing units for the installation; and
(B) notifying the landlord and the major subordinate command of any deficiencies found in either plan.
(2) In response to a request by the head of the housing management office of an installation, the installation commander shall use the assigned bio-environmental personnel or contractor equivalent at the installation to test housing units for mold, unsafe water conditions, and other health and safety conditions.
**(c) Requirements for Housing Management Office.—**
(1) The head of the housing management office of an installation shall be responsible for—
(A) conducting a physical inspection of, and approving the habitability of, a vacant housing unit for the installation before the landlord managing the housing unit is authorized to offer the housing unit available for occupancy;
(B) conducting a physical inspection of the housing unit upon tenant move-out; and
(C) maintaining all test results relating to the health, environmental, and safety condition of the housing unit and the results of any inspection conducted by the housing management office, landlord, or third-party contractor for the life of the contract relating to that housing unit.
(2) The head of the installation housing management office shall be provided a list of any mo
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2891a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Process Required; Purpose.—** The Secretary concerned shall implement a standardized formal dispute resolution process to ensure the prompt and fair resolution of disputes that arise between landlords providing housing units and tenants residing in housing units concerning maintenance and repairs, damage claims, rental payments, move-out charges, and such other issues relating to housing units as the Secretary determines appropriate.
**(b) Process Elements.—**
(1) The dispute resolution process shall include the process by which a tenant may request that certain payments otherwise authorized to be paid to a landlord are withheld, as provided in subsection (e).
(2) The process shall designate the installation or regional commander in charge of oversight of housing units as the deciding authority under the dispute resolution process.
(3) The Secretary concerned shall establish a standardized mechanism and forms by which a tenant of a housing unit may submit, through online or other means, a request for resolution of a landlord-tenant dispute through the dispute resolution process.
(4) The Secretary shall ensure that, in preparing a request described in paragraph (3), a tenant has access to advice and assistance from a military housing advocate employed by the military department concerned or a military legal assistance attorney under [section 1044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044&num=0&edition=prelim).
(5) The Secretary concerned shall minimize costs to tenants for participation in the dispute resolution process.
(6) The dispute resolution process shall require the installation or regional commander (as the case may be) to record each dispute in the complaint database established under [section 28
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2894
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Federal law — U.S. Code and appendices · legal_authorities
Page 2317
TITLE 10—ARMED FORCES
§ 2891c
lows: ‘‘A landlord providing a housing unit shall ensure
that the needs of enrollees in the Exceptional Family
Member Program, or any successor program, are con-
sidered in assigning prospective tenants to housing
units provided by the landlord.’’
Subsec. (e)(1). Pub. L. 117–81, § 1081(a)(31), substituted
‘‘the basic allowance’’ for ‘‘the any basic allowance’’.
Subsec. (e)(2)(B). Pub. L. 116–283, § 2811(d)(3), sub-
stituted ‘‘any’’ for ‘‘the any’’.
Subsec. (e)(3). Pub. L. 117–81, § 2813(b)(1), added par.
(3).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Pub. L. 117–81, div. B, title XXVIII, § 2813(b)(2), Dec.
27, 2021, 135 Stat. 2192, provided that: ‘‘Subsection (e)(3)
of section 2891a of title 10, United States Code [now 10
U.S.C. 2891e(f)(3)], as added by paragraph (1), shall apply
to contracts described in subsection (a) of such section
entered into on or after the date of the enactment of
this Act [Dec. 27, 2021].’’
EFFECTIVE DATE OF 2019 AMENDMENT
Pub. L. 116–92, div. B, title XXX, § 3014(c), Dec. 20,
2019, 133 Stat. 1926, provided that: ‘‘The requirements
set forth in section 2891a of title 10, United States Code,
as added by subsection (a), shall apply to appropriate
legal documents entered into or renewed on or after the
date of the enactment of this Act [Dec. 20, 2019] be-
tween the Secretary of a military department and a
landlord regarding privatized military housing.’’
[For definitions of ‘‘landlord’’ and ‘‘privatized mili-
tary housing’’ as used in section 3014(c) of Pub. L.
116–92, set out above, see section 3001(a) of Pub. L.
116–92, set out as a note under section 2821 of this title.]
IMPLEMENTATION OF RECOMMENDATIONS FROM AUDIT OF
MEDICAL
CONDITIONS
OF
RESIDE
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2891b
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.