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10 U.S.C. § 2891 — Requirements relating to contracts for provision of housing units
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
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Source file: Laws/federal/codes/united-states-code/title-10/section-2891-requirements-relating-to-contracts-for-provision-of-housing-units--dde1e5fed3.md
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Source location: Title 10, Chapter 169, § 2891; chapter-169-military-construction-and-military-family-housing.md
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**(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 concerned may submit a claim under paragraph (1) to a landlord for reimbursement of Department medical evaluation and treatment costs—
(A) a military medical professional must determine that the tenant’s medical conditions were caused by unsafe and unsanitary conditions of the housing unit; and
(B) the documentation of the medical evaluation showing causation must be sent to the Director of the Defense Health Agency for review and approval.
(3) **Uniform processes and procedures.—** — Not later than 180 days after the date of the enactment of this section, the Director of the Defense Health Agency shall develop and publish uniform processes and procedures to be used by medical providers in military medical treatment facilities to make determinations regarding whether environmental hazards within housing units serve as causative factors for medical conditions being evaluated and treated in military medical treatment facilities or through the TRICARE provider network.
**(e) Responsibility for Relocation Costs.—**
(1) **Permanent relocation.—** — A landlord providing a housing unit shall pay reasonable relocation costs associated with the permanent relocation of a tenant from the housing unit to a different housing unit due to health or environmental hazards—
(A) present in the housing unit being vacated through no fault of the tenant; and
(B) confirmed by the housing management office of the installation for which the housing unit is provided as making the unit uninhabitable or unable to be remediated safely while the tenant occupies the housing unit.
(2) **Temporary relocation.—** — The landlord shall pay reasonable relocation costs and actual costs of living, including per diem, associated with the temporary relocation of a tenant to a different housing unit due to health or environmental hazards—
(A) present in the housing unit being vacated through no fault of the tenant; and
(B) confirmed by the housing management office of the installation as making the unit uninhabitable or unable to be remediated safely while the tenant occupies the housing unit.
**(f) Maintenance Work Order System.—**
(1) A landlord providing a housing unit shall ensure that the maintenance work order system of the landlord (hardware and software) is up to date, including—
(A) by providing a reliable mechanism through which a tenant may submit work order requests through an Internet portal and mobile application, which shall incorporate the ability to upload photos, communicate with maintenance personnel, and rate individual service calls;
(B) by allowing real-time access to such system by officials of the Department at the installation, major subordinate command, and service-wide levels; and
(C) except as provided in paragraph (2), by allowing the work order or maintenance ticket to be closed only after the landlord makes not fewer than three documented attempts to notify the resident of work completion through means that include—
(i) the resident Internet portal for the housing unit;
(ii) text messaging;
(iii) email; and
(iv) telephone.
(2) If a resident does not respond to a landlord after three attempts of the landlord to notify the resident of work completion pursuant to paragraph (1)(C), the landlord may close the work order or maintenance ticket only if—
(A) the landlord submits to the head of the applicable housing management office notice that the landlord intends to close the work order or maintenance ticket; and
(B) the head of the applicable housing management office does not object, in writing, to the closure.
**(g) Applicability of Disability Laws.—** For purposes of this subchapter and subchapter IV of this chapter, housing units shall be considered as military family housing for purposes of application of Department of Defense policy implementing 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 title III of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12181&num=0&edition=prelim) et seq.).
**(h) Implementation.—** The Secretary concerned shall create such legal documents as may be necessary to carry out this section.
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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
Accessibility standards included in regulations issued under this subpart shall be consistent with the minimum guidelines issued by the Architectural and Transportation Barriers Compliance Board under [section 12204(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12204/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12181
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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
**(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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Federal law — U.S. Code and appendices · legal_authorities
In addition to any other authority provided under this chapter for the acquisition or construction of military family housing or military unaccompanied housing, the Secretary concerned may exercise any authority or any combination of authorities provided under this subchapter in order to provide for the acquisition or construction by eligible entities of the following:
(1) Family housing units on or near military installations within the United States and its territories and possessions, including such units for civilian employees of the Department of Defense and defense contractors.
(2) Military unaccompanied housing units on or near such military installations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2872
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Federal law — U.S. Code and appendices · legal_authorities
Page 2313
TITLE 10—ARMED FORCES
§ 2891
of section 2890 of title 10, United States Code, as added
by subsection (a).’’
IMPLEMENTATION
OF
COMPTROLLER
GENERAL
REC-
OMMENDATIONS RELATING
TO STRENGTHENING OVER-
SIGHT OF PRIVATIZED MILITARY HOUSING
Pub. L. 118–31, div. B, title XXVIII, § 2825, Dec. 22,
2023, 137 Stat. 752, provided that:
‘‘(a) IN GENERAL.—Not later than one year after the
date of the enactment of this Act [Dec. 22, 2023], the
Secretary of Defense shall implement each rec-
ommendation of the Comptroller General of the United
States contained in the report titled ‘DOD Can Further
Strengthen Oversight of Its Privatized Housing Pro-
gram’ (GAO–23–105377), dated April 6, 2023, and reissued
with revisions on April 20, 2023.
‘‘(b) NON-IMPLEMENTATION REPORTING REQUIREMENT.—
If the Secretary elects not to implement any such rec-
ommendation, the Secretary shall, not later than one
year after the date of the enactment of this Act, sub-
mit to the Committees on Armed Services of the Sen-
ate and the House of Representatives a report that in-
cludes a justification for such election.’’
REQUIREMENTS RELATING TO MOVE-IN, MOVE-OUT, AND
MAINTENANCE OF PRIVATIZED MILITARY HOUSING
Pub. L. 116–92, div. B, title XXX, § 3056, Dec. 20, 2019,
133 Stat. 1944, provided that:
‘‘(a) MOVE-IN AND MOVE-OUT CHECKLIST.—
‘‘(1) CHECKLIST
REQUIRED.—The Secretary of De-
fense shall develop a uniform move-in and move-out
checklist for use by landlords providing privatized
military housing and by tenants of such housing.
‘‘(2) REQUIRED MOVE-IN ELEMENT.—A tenant who will
occupy a unit of privatized military housing is enti-
tled to be present for an inspection of the housing
unit before accepting occupancy of the housing unit
to ensure that the unit is habitable and that facil
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2891
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 2321
TITLE 10—ARMED FORCES
[§§ 2891, 2892
Subsec. (c)(3). Pub. L. 116–283, § 2811(g)(2)(B), inserted
‘‘business’’ before ‘‘days’’ and ‘‘, such office’’ before
‘‘shall complete’’.
Subsec. (c)(4). Pub. L. 116–283, § 2811(g)(2)(C), inserted
‘‘, at a minimum,’’ before ‘‘the following persons’’ in
introductory provisions.
Subsec. (c)(5). Pub. L. 116–283, § 2811(g)(2)(D), inserted
‘‘calendar’’ before ‘‘days’’ in subpars. (A) and (B).
Subsec. (c)(6). Pub. L. 116–283, § 2811(g)(2)(E), added
par. (6) and struck out former par. (6) which read as fol-
lows: ‘‘A final decision will be transmitted to the ten-
ant and landlord no later than 30 days from initial re-
ceipt by the office of the commander, except as pro-
vided in paragraph (5)(B).’’
Subsecs. (d), (e). Pub. L. 116–283, § 2811(g)(3), added
subsecs. (d) and (e) and struck out former subsecs. (d)
and (e) which related to effect of failure to comply with
decision and request to withhold payments during reso-
lution process, respectively.
Statutory Notes and Related Subsidiaries
TIMING OF ESTABLISHMENT OF DISPUTE RESOLUTION
PROCESS
Pub. L. 116–92, div. B, title XXX, § 3022(c), Dec. 20,
2019, 133 Stat. 1934, provided that: ‘‘Not later than 180
days after the date of the enactment of this Act [Dec.
20, 2019], the Secretary of Defense shall establish the
dispute resolution process required under section 2894
of title 10, United States Code, as added by subsection
(a).’’
LANDLORD AGREEMENTS
Pub. L. 116–92, div. B, title XXX, § 3022(d), Dec. 20,
2019, 133 Stat. 1934, provided that:
‘‘(1) IN GENERAL.—Not later than February 1, 2020, the
Secretary of Defense shall seek agreement from all
landlords to participate in the dispute resolution and
payment-withholding processes required under section
2894 of
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2891
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 8257
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12181
all alterations in terms of cost and scope
(as determined under criteria established
by the Attorney General).
(C) Required cooperation
It shall be considered discrimination for
purposes of section 12132 of this title and sec-
tion 794 of title 29 for an owner, or person in
control, of a station governed by subpara-
graph (A) or (B) to fail to provide reasonable
cooperation to a responsible person with re-
spect to such station in that responsible per-
son’s efforts to comply with such subpara-
graph. An owner, or person in control, of a
station shall be liable to a responsible per-
son for any failure to provide reasonable co-
operation as required by this subparagraph.
Failure to receive reasonable cooperation re-
quired by this subparagraph shall not be a
defense to a claim of discrimination under
this chapter.
(Pub. L. 101–336, title II, § 242, July 26, 1990, 104
Stat. 347.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (e)(2)(C), was in
the original ‘‘this Act’’, meaning Pub. L. 101–336, July
26, 1990, 104 Stat. 327, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section
12101 of this title and Tables.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective July 26, 1990, see section 246(b) of
Pub. L. 101–336, set out as a note under section 12161 of
this title.
§ 12163. Conformance of accessibility standards
Accessibility standards included in regula-
tions issued under this subpart shall be con-
sistent with the minimum guidelines issued by
the Architectural and Transportation Barriers
Compliance Board under section 12204(a) of this
title.
(Pub.
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12181
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 12181. This identifies an authority to review, not proof of applicability.