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10 U.S.C. § 2894 — Landlord-tenant dispute resolution process and treatment of certain payments during process
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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Source file: Laws/federal/codes/united-states-code/title-10/section-2894-landlord-tenant-dispute-resolution-process-and-treatment-of-certain-paym--8888ed52ad.md
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Source location: Title 10, Chapter 169, § 2894; chapter-169-military-construction-and-military-family-housing.md
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**(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 2894a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2894a&num=0&edition=prelim).
**(c) Resolution Process.—**
(1) Not later than two business days after receiving a request from a tenant for resolution of a landlord-tenant dispute through the dispute resolution process, the Secretary concerned shall—
(A) notify the tenant that the request has been received;
(B) transmit a copy of the request to the installation or regional commander (as the case may be), housing management office responsible for the housing unit, and the landlord of the housing unit; and
(C) if the request includes a request to withhold payments under subsection (e), initiate the process under such subsection.
(2) For purposes of conducting an assessment necessary to render a decision under the dispute resolution process, both the landlord and representatives of the installation housing management office may access the housing unit at a time and for a duration mutually agreed upon amongst the parties.
(3) Not later than seven business days after the date on which the request was received by the installation housing management office, such office shall complete an investigation that includes a physical inspection and transmit the results of the investigation to the installation or regional commander (as the case may be).
(4) Before making any decision with respect to a dispute under the dispute resolution process, the commander shall certify that the commander has solicited recommendations or information relating to the dispute from, at a minimum, the following persons:
(A) The chief of the installation housing management office.
(B) A representative of the landlord for the housing unit.
(C) The tenant submitting the request for dispute resolution.
(D) A qualified judge advocate or civilian attorney who is a Federal employee.
(E) If the dispute involves maintenance or another facilities-related matter, a civil engineer.
(5)
(A) The commander shall make a decision with respect to a request under the dispute resolution process not later than 30 calendar days after the request was submitted.
(B) The commander may take longer than such 30-day period in limited circumstances as determined by the Secretary of Defense, but in no case shall such a decision be made more than 60 calendar days after the request was submitted.
(6) Except as provided in paragraph (5)(B), a final decision shall be transmitted to the tenant, landlord, and the installation or regional commander (as the case may be) not later than 30 calendar days after the request was submitted.
(7) The decision shall include instructions for distribution of any funds that were withheld under subsection (e) and such instructions for the landlord for further remediation as the commander considers necessary.
(8) The decision by the commander under this subsection shall be final.
**(d) Effect of Failure to Comply With Decision.—**
(1) If the final decision rendered under subsection (c) for resolution of a landlord-tenant dispute includes instructions for the landlord responsible for the housing unit to further remediate the housing unit, the decision shall specify a reasonable period of time, but not less than 10 business days, for the landlord to complete the remediation.
(2) If the landlord does not remediate the issues before the end of the time period specified in the final decision in a manner consistent with the instructions contained in the decision, any amounts payable to the landlord for the housing unit shall be reduced by 10 percent for each period of five calendar days during which the issues remain unremediated.
**(e) Request to Withhold Payments During Resolution Process.—**
(1) As part of the submission of a request for resolution of a landlord-tenant dispute through the dispute resolution process regarding maintenance guidelines or procedures or habitability, the tenant may request that all or part of the payments described in paragraph (3) for lease of the housing unit be segregated and not used by the property owner, property manager, or landlord pending completion of the dispute resolution process.
(2) The amount allowed to be withheld under paragraph (1) shall be limited to amounts associated with the period during which—
(A) the landlord has not met maintenance guidelines and procedures established by the Department of Defense, either through contract or otherwise; or
(B) the housing unit is uninhabitable according to State and local law for the jurisdiction in which the housing unit is located.
(3) This subsection applies to the following:
(A) Any basic allowance for housing payable to the tenant (including for any dependents of the tenant in the tenant’s household) under [section 403 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section403&num=0&edition=prelim).
(B) All or part of any pay of a tenant subject to allotment as described in [section 2882(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2882/c&num=0&edition=prelim).
**(f) Disclosure of Rights.—**
(1) Each housing management office of the Department of Defense shall disclose in writing to each new tenant of a housing unit, upon the signing of the lease for the housing unit, the tenant’s rights under this section and the procedures under this section for submitting a request for resolution of a landlord-tenant dispute through the dispute resolution process, including the ability to submit a request to withhold payments during the resolution process.
(2) The Secretary of Defense shall ensure that each lease entered into with a tenant for a housing unit clearly expresses, in a separate addendum, the dispute resolution procedures.
**(g) Rule of Construction on Use of Other Adjudicative Bodies.—** Nothing in this section or any other provision of law shall be construed to prohibit a tenant of a housing unit from pursuing a claim against a landlord in any adjudicative body with jurisdiction over the housing unit or the claim.
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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) 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
**(a) Database Required.—** The Secretary of Defense shall establish a database of complaints made by a tenant regarding covered dwelling units.
**(b) Public Availability.—** The database shall be available to the public.
**(c) Inclusion of Tenant Complaints.—** The Secretary of Defense shall permit a tenant of a covered dwelling unit to file a complaint regarding the covered dwelling unit for inclusion in the database.
**(d) Inclusion of Certain Information.—**
(1) Information accessible in the database regarding a complaint shall include the following:
(A) The name of the installation for which the covered dwelling unit is provided.
(B) The name of the landlord responsible for the covered dwelling unit.
(C) A description of the nature of the complaint.
(2) The Secretary of Defense may not disclose personally identifiable information through the database.
**(e) Response by Landlords.—**
(1) The Secretary of Defense shall include in any contract with a landlord responsible for a housing unit a requirement that the landlord respond in a timely manner to any complaints included in the database that relate to the housing unit.
(2) The Secretary shall include landlord responses in the database.
**(f) Definitions.—** In this section:
(1) The term “covered armed force” means the Army, Navy, Marine Corps, Air Force, or Space Force.
(2) The term “covered dwelling unit” means a unit of accompanied family housing, unaccompanied housing, or barracks—
(A) that is acquired or constructed pursuant to subchapter IV of chapter 169 of this title;
(B) in which a member of a covered armed force resides; and
(C) that such member does not own.
(3) The term “tenant” means any of the following:
(A) A member of a covered armed force who resides in a covered dwe
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2894a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to the availability of legal staff resources, the Secretary concerned may provide legal assistance in connection with their personal civil legal affairs to the following persons:
(1) Members of the armed forces who are on active duty.
(2) Members and former members entitled to retired or retainer pay or equivalent pay.
(3) Officers of the commissioned corps of the Public Health Service or the commissioned officer corps of the National Oceanic and Atmospheric Administration who are on active duty or entitled to retired or equivalent pay.
(4) Members of reserve components not covered by paragraph (1) or (2) following release from active duty under a call or order to active duty for more than 30 days issued under a mobilization authority (as determined by the Secretary), for a period of time (prescribed by the Secretary) that begins on the date of the release and is not less than twice the length of the period served on active duty under that call or order to active duty.
(5) Dependents of members and former members described in paragraphs (1), (2), (3), and (4).
(6) Survivors of a deceased member or former member described in paragraphs (1), (2), (3), and (4) who were dependents of the member or former member at the time of the death of the member or former member, except that the eligibility of such survivors shall be determined pursuant to regulations prescribed by the Secretary concerned.
(7) Civilian employees of the Federal Government serving in locations where legal assistance from non-military legal assistance providers is not reasonably available, except that the eligibility of civilian employees shall be determined pursuant to regulations prescribed by the Secretary concerned.
**(b)** Under such regulations as may be prescribed by the Secr
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1044
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Development of Tenant Bill of Rights and Tenant Responsibilities Documents.—**
(1) The Secretary of Defense shall develop two separate documents, to be known as the Military Housing Privatization Initiative Tenant Bill of Rights and the Military Housing Privatization Initiative Tenant Responsibilities, for tenants of housing units.
(2) The Secretary of each military department shall ensure that the housing documents are attached to each lease agreement for a housing unit.
(3) The rights and responsibilities contained in the housing documents are not intended to be exclusive. The omission of a tenant right or responsibility shall not be construed to deny the existence of such a right or responsibility for tenants.
(4) Each contract between the Secretary concerned and a landlord shall incorporate the housing documents and guarantee the rights and responsibilities of tenants who reside in housing units covered by the contract.
(5) The Secretary of Defense shall develop the housing documents in coordination with the Secretaries of the military departments.
**(b) Elements of Tenant Bill of Rights.—** At a minimum, the Military Housing Privatization Initiative Tenant Bill of Rights shall address the following rights of tenants of housing units:
(1) The right to reside in a housing unit and community that meets applicable health and environmental standards.
(2) The right to reside in a housing unit that has working fixtures, appliances, and utilities and to reside in a community with well-maintained common areas and amenity spaces.
(3) The right to be provided with a maintenance history of the prospective housing unit before signing a lease, as provided in [section 2892a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2890
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Page 2319
TITLE 10—ARMED FORCES
§ 2894
vide to a prospective tenant of the housing
unit—
(1) not later than five business days before
the prospective tenant is asked to sign the
lease, a summary of maintenance conducted
with respect to that housing unit for the pre-
vious seven years; and
(2) not later than two business days after the
prospective tenant requests additional infor-
mation regarding maintenance conducted with
respect to that housing unit during such pe-
riod, all information possessed by the eligible
entity or subsequent landlord regarding such
maintenance conducted during such period.
(b) MAINTENANCE INFORMATION
FOR EXISTING
TENANTS.—A tenant of a housing unit who did
not receive maintenance information described
in subsection (a) regarding that housing unit
while a prospective tenant may request such
maintenance information and shall receive such
maintenance information not later than five
business days after the making the request.
(c) MAINTENANCE DEFINED.—In the section, the
term ‘‘maintenance’’ includes any renovations
of the housing unit during the period specified
in subsection (a)(1).
(Added Pub. L. 116–92, div. B, title XXX, § 3019,
Dec. 20, 2019, 133 Stat. 1931; amended Pub. L.
116–283, div. B, title XXVIII, § 2811(e), Jan. 1, 2021,
134 Stat. 4324.)
Editorial Notes
AMENDMENTS
2021—Pub. L. 116–283 added section text and struck
out former text which read as follows: ‘‘The Secretary
concerned shall require each eligible entity or subse-
quent landlord that offers for lease a housing unit to
provide to a prospective tenant of the housing unit, be-
fore the prospective tenant moves into the housing unit
as a tenant, all information regarding maintenance
conducted with respect to that housing unit for the
previous seven
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2894
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.