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10 U.S.C. § 2891a — Requirements relating to management of housing units
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
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Stable record: federal_law:legal_authorities:record_usc_43b029db96a0f18c797d3c0c
Source file: Laws/federal/codes/united-states-code/title-10/section-2891a-requirements-relating-to-management-of-housing-units--e3855ae73d.md
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Source location: Title 10, Chapter 169, § 2891a; chapter-169-military-construction-and-military-family-housing.md
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**(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 move-out charges that a landlord seeks to collect from an outgoing tenant.
(3) The head of the installation housing management office shall initiate contact with a tenant regarding the satisfaction of the tenant with the housing unit of the tenant not later than—
(A) 15 days after move-in; and
(B) 60 days after move-in.
**(d) Requirements for Landlords.—**
(1) The landlord providing a housing unit shall disclose to the Secretary of Defense any bonus structures offered for community managers and regional executives and any bonus structures relating to maintenance of housing units, in order to minimize the impact of those incentives on the operating budget of the installation for which the housing units are provided.
(2) With respect to test results relating to the health and safety condition of a housing unit, the landlord providing the housing unit shall—
(A) not later than three days after receiving the test results, share the results with the tenant of the housing unit and submit the results to the head of the installation housing management office; and
(B) include with any environmental hazard test results a simple guide explaining those results, preferably citing standards set forth by the Federal Government relating to environmental hazards.
(3) Before a prospective tenant signs a lease to occupy a housing unit, the landlord providing the housing unit shall conduct a walkthrough inspection of the housing unit—
(A) for the prospective tenant; or
(B) if the prospective tenant is not able to be present for the inspection, with an official of the housing management office designated by the prospective tenant to conduct the inspection on the tenant’s behalf.
(4) In the event that the installation housing management office determines that a housing unit does not meet minimum health, safety, and welfare standards set forth in Federal, State, and local law as a result of a walkthrough inspection or an inspection conducted under subsection (c), the landlord providing the housing unit shall remediate any issues and make any appropriate repairs to the satisfaction of the housing management office and subject to another inspection by the housing management office.
(5) A landlord providing a housing unit may not conduct any promotional events to encourage tenants to fill out maintenance comment cards or satisfaction surveys of any kind, without the approval of the chief of the housing management office.
(6) A landlord providing a housing unit may not award an installation of the Department of Defense or an officer or employee of the Department a “Partner of the Year award” or similar award.
(7) A landlord providing a housing unit may not enter into any form of settlement, nondisclosure, or release of liability agreement with a tenant without—
(A) first notifying the tenant of the tenant’s right to assistance from the legal assistance office at the installation; and
(B) not later than five days before entering into such settlement, nondisclosure, or release of liability agreement, providing a copy of the agreement and terms to the Assistant Secretary of Defense for Sustainment.
(8) A landlord providing a housing unit may not change the position of a prospective tenant on a waiting list for a housing unit or remove a prospective tenant from the waiting list in response to the prospective tenant turning down an offer for a housing unit, if the housing unit is determined unsatisfactory by the prospective tenant and the determination is confirmed by the housing management office and the installation commander.
(9) A landlord providing a housing unit shall allow employees of the housing management office and other officers and employees of the Department to conduct—
(A) with the permission of the tenant of the housing unit as appropriate, physical inspections of the housing unit; and
(B) physical inspections of any common areas maintained by the landlord.
(10) A landlord providing a housing unit shall agree to participate in the dispute resolution and payment-withholding processes established pursuant to [section 2894 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2894&num=0&edition=prelim).
(11) Upon request by a prospective tenant, a landlord providing a housing unit shall ensure that the needs of enrollees in the Exceptional Family Member Program, or any successor program, are considered in assigning the prospective tenant to a housing unit provided by the landlord.
(12) A landlord providing a housing unit shall maintain an electronic work order system that enables access by the tenant to view work order history, status, and other relevant information, as required by [section 2892 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2892&num=0&edition=prelim).
(13) A landlord providing a housing unit shall agree to have any agreements or forms to be used by the landlord approved by the Assistant Secretary of Defense for Sustainment, including the following:
(A) A common lease agreement.
(B) Any disclosure or nondisclosure forms that could be given to a tenant.
**(e) Requirements for Secretary Concerned.—** The Secretary concerned shall be responsible for—
(1) providing for a mold inspection of each vacant housing unit before any new tenant moves into the unit; and
(2) providing to the new tenant the results of the inspection.
**(f) Prohibition Against Collection of Amounts in Addition to Rent.—**
(1) A landlord providing a housing unit may not impose on a tenant of the housing unit a supplemental payment, such as an out-of-pocket fee, in addition to the amount of rent the landlord charges for a unit of similar size and composition to the housing unit, without regard to whether or not the amount of the basic allowance for housing under [section 403 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section403&num=0&edition=prelim) the tenant may receive as a member of the armed forces is less than the amount of the rent.
(2) Nothing in paragraph (1) shall be construed—
(A) to prohibit a landlord from imposing an additional payment—
(i) for optional services provided to military tenants, such as access to a gym or a parking space;
(ii) for non-essential utility services, as determined in accordance with regulations promulgated by the Secretary concerned; or
(iii) to recover damages associated with tenant negligence, consistent with subsection (c)(2); or
(B) to limit or otherwise affect the authority of the Secretary concerned to enter into rental guarantee agreements under [section 2876 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2876&num=0&edition=prelim) or to make differential lease payments under [section 2877 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2877&num=0&edition=prelim), so long as such agreements or payments do not require a tenant to pay an out-of-pocket fee or payment in addition to the amount of any basic allowance for housing under [section 403 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section403&num=0&edition=prelim) the tenant may receive as a member of the armed forces.
(3)
(A) Costs incurred to reasonably modify or upgrade a housing unit to comply with standards addressing discrimination against an individual with a disability established pursuant to the Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.), or to meet the reasonable modification and accommodation requirements of section 804 of the Fair Housing Act ([42 U.S.C. 3604](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3604&num=0&edition=prelim)) and in order to facilitate occupancy of a housing unit by an individual with a disability, may not be considered optional services under paragraph (2)(A)(i) or another exception to the prohibition in paragraph (1) against collection from tenants of housing units of amounts in addition to rent.
(B) In subparagraph (A), the term “disability” has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12102](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12102&num=0&edition=prelim)).
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2891b
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b), funds may not be appropriated for the construction, acquisition, leasing, addition, extension, expansion, alteration, relocation, or operation and maintenance of family housing under the jurisdiction of the Department of Defense unless the appropriation of such funds has been authorized by law.
**(b)** In addition to the funds authorized to be appropriated by law in any fiscal year for the purposes described in subsection (a), there are authorized to be appropriated such additional sums as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law for civilian employees of the Department of Defense whose compensation is provided for by funds appropriated for the purposes described in such subsection.
**(c)** Amounts authorized by law for construction of military family housing units include amounts for (1) site preparation (including demolition), (2) installation of utilities, (3) ancillary supporting facilities, (4) shades, screens, ranges, refrigerators, and all other equipment and fixtures installed in such units, and (5) construction supervision, inspection, and overhead.
**(d)** Amounts authorized by law for construction and acquisition of military family housing and facilities include amounts for—
(1) minor construction;
(2) improvements to existing military family housing units and facilities;
(3) relocation of military family housing units under [section 2827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2827&num=0&edition=prelim); and
(4) architectural and engineering services and construction design.
**(e)** The Secretary concerned shall provide for the installation and maintenance of an appropriate number of carbon m
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2821
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Electronic Work Order System Required.—** The Secretary of Defense shall require that each landlord of a housing unit have an electronic work order system to track all maintenance requests relating to the housing unit.
**(b) Access by Department Personnel.—** The Secretary of Defense shall require each landlord of a housing unit to provide access to the maintenance work order system of the landlord relating to the housing unit to the following persons:
(1) Personnel of the housing management office at the installation for which the housing unit is provided.
(2) Personnel of the installation and engineer command or center of the military department concerned.
(3) Such other personnel of the Department of Defense as the Secretary determines necessary.
**(c) Access by Tenants.—** The Secretary of Defense shall require each landlord of a housing unit to provide access to the maintenance work order system of the landlord relating to the housing unit to the tenant of the housing unit to permit the tenant, at a minimum, to track the status and progress of work orders for maintenance requests relating to the housing unit.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2892
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Federal law — U.S. Code and appendices · legal_authorities
Pursuant to an agreement entered into by the Secretary concerned and a lessor of military family housing or military unaccompanied housing to members of the armed forces, the Secretary may pay the lessor an amount in addition to the rental payments for the housing made by the members as the Secretary determines appropriate to encourage the lessor to make the housing available to members of the armed forces as military family housing or as military unaccompanied housing.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2877
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Entitlement.—**
(1) Except as otherwise provided by law, a member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for housing at the monthly rates prescribed under this section or another provision of law with regard to the applicable component of the basic allowance for housing. The amount of the basic allowance for housing for a member will vary according to the pay grade in which the member is assigned or distributed for basic pay purposes, the dependency status of the member, and the geographic location of the member. The basic allowance for housing may be paid in advance.
(2) A member of a uniformed service with dependents is not entitled to a basic allowance for housing as a member with dependents unless the member makes a certification to the Secretary concerned indicating the status of each dependent of the member. The certification shall be made in accordance with regulations prescribed by the Secretary of Defense.
**(b) Basic Allowance for Housing Inside the United States.—**
(1) The Secretary of Defense shall prescribe the rates of the basic allowance for housing that are applicable for the various military housing areas in the United States. The rates for an area shall be based on the costs of adequate housing determined for the area under paragraph (2).
(2) The Secretary of Defense shall determine the costs of adequate housing in a military housing area in the United States for all members of the uniformed services entitled to a basic allowance for housing in that area. The Secretary shall base the determination upon the costs of adequate housing for civilians with comparable income levels in the same area. After June 30, 2001, the Secretary may not differentiate between members with dependents in pay
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 403
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary concerned may enter into agreements with eligible entities that acquire or construct military family housing units or military unaccompanied housing units under this subchapter in order to assure—
(1) the occupancy of such units at levels specified in the agreements; or
(2) rental income derived from rental of such units at levels specified in the agreements.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2876
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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
Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.
**(b) Certain conditions** Under this chapter, the term “disability” shall not include—
(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders resulting from current illegal use of drugs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12101
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Federal law — U.S. Code and appendices · legal_authorities
As made applicable by [section 3603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3603&num=0&edition=prelim) and except as exempted by sections 3603(b) and 3607 of this title, it shall be unlawful—
**(a)** To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin.
**(b)** To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin.
**(c)** To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.
**(d)** To represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.
**(e)** For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status, or national origin.
**(f)**
(1) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any bu
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3604
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