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10 U.S.C. § 1055 — Waiver of security deposits for members renting private housing; authority to indemnify landlord
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense may carry out a program under which the Secretary of a military department agrees to indemnify a landlord who leases a rental unit to a member of the armed forces against a breach of the lease by the member or for damage to the rental unit caused by the member. In exchange for agreement for such indemnification by the Secretary, the landlord shall be required to waive any requirement for payment by the member of a security deposit that the landlord would otherwise require.
**(b)**
(1) For purposes of carrying out a program authorized by subsection (a), the Secretary of a military department, to the extent funds are provided in advance in appropriation Acts, may enter into an agreement with any landlord who agrees to waive the requirement for a security deposit in connection with the lease of a rental unit to a member of the armed forces under the jurisdiction of the Secretary. An agreement under this paragraph shall provide that—
(A) the term of the agreement shall remain in effect during the term of the member’s lease and during any lease renewal periods with the lessor;
(B) the member shall not pay a security deposit;
(C) the Secretary (except as provided in subparagraphs (D) and (E)) shall compensate the landlord for breach of the lease by the member and for damage to the rental unit caused by the member or by a guest or dependent of the member;
(D) the total liability of the Secretary for a breach of the lease or for damage described in subparagraph (C) may not exceed an amount equal to the amount that the Secretary determines would have been required by the landlord as a security deposit in the absence of an agreement authorized in this paragraph;
(E) the Secretary may not compensate the landlord for any claim for b
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Source file: Laws/federal/codes/united-states-code/title-10/section-1055-waiver-of-security-deposits-for-members-renting-private-housing-authorit--5a68e15ce2.md
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Source location: Title 10, Chapter 53, § 1055; chapter-053-miscellaneous-rights-and-benefits.md
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**(a)** The Secretary of Defense may carry out a program under which the Secretary of a military department agrees to indemnify a landlord who leases a rental unit to a member of the armed forces against a breach of the lease by the member or for damage to the rental unit caused by the member. In exchange for agreement for such indemnification by the Secretary, the landlord shall be required to waive any requirement for payment by the member of a security deposit that the landlord would otherwise require.
**(b)**
(1) For purposes of carrying out a program authorized by subsection (a), the Secretary of a military department, to the extent funds are provided in advance in appropriation Acts, may enter into an agreement with any landlord who agrees to waive the requirement for a security deposit in connection with the lease of a rental unit to a member of the armed forces under the jurisdiction of the Secretary. An agreement under this paragraph shall provide that—
(A) the term of the agreement shall remain in effect during the term of the member’s lease and during any lease renewal periods with the lessor;
(B) the member shall not pay a security deposit;
(C) the Secretary (except as provided in subparagraphs (D) and (E)) shall compensate the landlord for breach of the lease by the member and for damage to the rental unit caused by the member or by a guest or dependent of the member;
(D) the total liability of the Secretary for a breach of the lease or for damage described in subparagraph (C) may not exceed an amount equal to the amount that the Secretary determines would have been required by the landlord as a security deposit in the absence of an agreement authorized in this paragraph;
(E) the Secretary may not compensate the landlord for any claim for breach of the lease or for damage described in subparagraph (C) until the landlord exhausts any remedies available to the landlord (including submission to binding arbitration by a panel composed of military personnel and persons from the private sector) against the member for the breach or damage; and
(F) the Secretary shall be subrogated to the rights of the landlord in any case in which the Secretary compensates the landlord for breach of the lease or for damage described in subparagraph (C).
(2) Any authority of the Secretary of a military department under this section shall be exercised under regulations prescribed by the Secretary of Defense.
**(c)**
(1) The Secretary of a military department who compensates a landlord under subsection (b) for a breach of a lease or for damage described in subsection (b)(1)(C) may issue a special order under [section 1007 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section1007&num=0&edition=prelim) to authorize the withholding from the pay of the member of an amount equal to the amount paid by the Secretary to the landlord as compensation for the breach or damage.
(2) Before the Secretary of a military department issues a special order under [section 1007 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section1007&num=0&edition=prelim) to authorize the withholding of any amount from the pay of a member for a breach or damage referred to in paragraph (1), the Secretary concerned shall provide the member with the same notice and opportunity for hearing and record inspection as provided an individual under [section 5514(a)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5514/a/2&num=0&edition=prelim). The Secretary concerned shall prescribe regulations, subject to the approval of the President, to carry out this paragraph. Such regulations shall be as uniform for the military departments as practicable.
**(d)** In this section, the term “landlord” means a person who leases a rental unit to a member of the armed forces.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The pay of an officer of an armed force may be withheld, under [section 5512 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5512&num=0&edition=prelim), only for an indebtedness to the United States admitted by the officer or shown by the judgment of a court, or upon a special order issued in the discretion of the Secretary of Defense (or the Secretary of Homeland Security, in the case of an officer of the Coast Guard when the Coast Guard is not operating as a service in the Navy), or upon the denial of relief of an officer pursuant to [section 3527 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3527&num=0&edition=prelim).
**(b)** An amount due to the United States from an enlisted member of the Army, the Air Force, or the Space Force for articles sold to the member on credit under section 4621(a)(1) or 9621(a)(1) of title 10, as the case may be, shall be deducted from the next pay due the member after the sale is reported.
**(c)**
(1) Under regulations prescribed by the Secretary concerned, an amount that a member of the uniformed services is administratively determined to owe the United States or any of its instrumentalities may be deducted from the member’s pay in monthly installments.
(2) After the deduction of pay forfeited by the sentence of a court-martial, if any, or otherwise authorized by law to be withheld, the deductions authorized by this section may not reduce the pay actually received by a member of the uniformed services for any month to less than one-third of the member’s pay for that month.
(3)
(A) If the indebtedness of a member of the uniformed services to the United States is due to the overpayment of pay or allowances to the member through no fault of t
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 1007
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Federal law — U.S. Code and appendices · legal_authorities
Page 944
TITLE 10—ARMED FORCES
§ 1055
(a) [amending this section] shall apply only to claims
accruing on or after the date of the enactment of this
Act [Sept. 28, 1988], regardless of when the alleged neg-
ligent act or omission occurred.’’
EFFECTIVE DATE
Pub. L. 99–661, div. A, title XIII, § 1356(b), Nov. 14, 1986,
100 Stat. 3998, provided that: ‘‘Section 1054 of title 10,
United States Code, as added by subsection (a), shall
apply only to claims accruing on or after the date of
the enactment of this Act [Nov. 14, 1986], regardless of
when the alleged negligent or wrongful act or omission
occurred.’’
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relat-
ing thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
§ 1055. Waiver of security deposits for members
renting private housing; authority to indem-
nify landlord
(a) The Secretary of Defense may carry out a
program under which the Secretary of a mili-
tary department agrees to indemnify a landlord
who leases a rental unit to a member of the
armed forces against a breach of the lease by the
member or for damage to the rental unit caused
by the member. In exchange for agreement for
such indemnification by the Secretary, the land-
lord shall be required to waive any requirement
for payment by the member of a security deposit
that the landlord would otherwise require.
(b)(1) For purposes of carrying out a progr
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1055
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.