10 U.S.C. § 2892a — Access by tenants to historical mainte-

Page 2318 TITLE 10—ARMED FORCES § 2892 (B) the term ‘‘asset management fees’’ means fees paid to manage a housing unit for the purpose of ensuring the housing unit is maintained in good condition and making re- pairs over the lifecycle of the housing unit. (C) the term ‘‘preferred return fees’’ means fees associated with any claims on profits fur- nished to preferred investors with an interest in the housing unit. (D) the term ‘‘residual cashflow distribu- tion’’ means the steps a specific housing project takes to restructure after it is deter- mined that the project is in an unacceptable financial condition. (E) the term ‘‘deferred fee’’ means any fee that was not paid to a person in a calendar year in order to meet other financial obliga- tions of the landlord. (b) AVAILABILITY OF INFORMATION ON PERFORM- ANCE METRICS AND USE OF INCENTIVE FEES.—(1) Not less frequently than annually, the Secretary of Defense shall make available, upon request of a tenant, at the applicable installation housing office the following: (A) An assessment of the indicators under- lying the performance metrics for each con- tract for the provision or management of housing units to ensure such indicators ade- quately measure the condition and quality of each housing unit covered by the contract. (B) Information regarding the use by the Secretary concerned of incentive fees to sup- port contracts for the provision or manage- ment of housing units. (2)(A) For purposes of paragraph (1)(A), the in- dicators underlying the performance metrics for a contract for the provision or management of housing units shall measure at a minimum the following: (i) Tenant satisfaction. (ii) Maintenance management. (iii) Safety. (iv) Financial management. (B) An assessment required to be made avail- able under paragraph (1)(A) shall include a de- tailed description of each indicator underlying the performance metrics, including the fol- lowing information: (i) The limitations of available survey data. (ii) How tenant satisfaction and mainte- nance management is calculated. (iii) Whether any relevant data is missing. (3) The information provided under paragraph (1)(B) shall include, with respect to each con- tract for the provision or management of hous- ing units, the following: (A) The applicable incentive fees. (B) The metrics used to determine the incen- tive fees. (C) Whether incentive fees were paid in full, or were withheld in part or in full, during the period covered by the release of information. (D) If any incentive fees were withheld, the reasons for such withholding. (Added Pub. L. 116–92, div. B, title XXX, § 3016(a), Dec. 20, 2019, 133 Stat. 1927; amended Pub. L. 116–283, div. B, title XXVIII, § 2814(a)–(d)(1), Jan. 1, 2021, 134 Stat. 4327, 4328.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 2814(d)(1), amended section catchline generally. Prior to amendment, catchline read as follows: ‘‘Financial transparency’’. Subsec. (b). Pub. L. 116–283, § 2814(a)(1), inserted ‘‘Per- formance Metrics and’’ before ‘‘Use of Incentive Fees’’ in heading. Subsec. (b)(1). Pub. L. 116–283, § 2814(a)(2), substituted ‘‘shall make available, upon request of a tenant, at the applicable installation housing office the following: (A) An assessment of the indicators underlying the performance metrics for each contract for the provi- sion or management of housing units to ensure such indicators adequately measure the condition and quality of each housing unit covered by the contract. (B) Information’’ for ‘‘shall publish, on a publicly accessible website, in- formation’’. Subsec. (b)(2). Pub. L. 116–283, § 2814(b)(2), added par. (2). Former par. (2) redesignated (3). Subsec. (b)(3). Pub. L. 116–283, § 2814(b)(1), (c), redesig- nated par. (2) as (3) and substituted ‘‘paragraph (1)(B)’’ for ‘‘paragraph (1)’’ and ‘‘each contract for the provi- sion or management of housing units’’ for ‘‘each con- tract’’ in introductory provisions. § 2892. Maintenance work order system for hous- ing units (a) ELECTRONIC WORK ORDER SYSTEM RE- QUIRED.—The Secretary of Defense shall require that each landlord of a housing unit have an electronic work order system to track all main- tenance 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 main- tenance work order system of the landlord relat- ing to the housing unit to the following persons: (1) Personnel of the housing management of- fice at the installation for which the housing unit is provided. (2) Personnel of the installation and engi- neer command or center of the military de- partment concerned. (3) Such other personnel of the Department of Defense as the Secretary determines nec- essary. (c) ACCESS BY TENANTS.—The Secretary of De- fense 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 main- tenance requests relating to the housing unit. (Added and amended Pub. L. 116–92, div. B, title XXX, §§ 3017, 3018, Dec. 20, 2019, 133 Stat. 1930.) Editorial Notes AMENDMENTS 2019—Subsec. (c). Pub. L. 116–92, § 3018, added subsec. (c). § 2892a. Access by tenants to historical mainte- nance information (a) MAINTENANCE INFORMATION FOR PROSPEC- TIVE TENANTS.—The Secretary concerned shall require each eligible entity or subsequent land- lord that offers for lease a housing unit to pro- 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 years. In this section, the term ‘mainte- nance’ includes any renovations of the housing unit during such period.’’ § 2892b. Prohibition on requirement to disclose personally identifiable information in re- quests for certain maintenance A landlord responsible for a housing unit may not require the disclosure of personally identifi- able information as a part of the submission of a request for maintenance regarding a housing unit or common area when the disclosure of per- sonally identifiable information is not needed to identify the location at which such maintenance will be performed. (Added Pub. L. 116–92, div. B, title XXX, § 3020(a), Dec. 20, 2019, 133 Stat. 1931.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116–92, div. B, title XXX, § 3020(b), Dec. 20, 2019, 133 Stat. 1931, provided that: ‘‘The prohibition in section 2892b of title 10, United States Code, as added by subsection (a), shall take effect on the date that is one year after the date of the enactment of this Act [Dec. 20, 2019].’’ § 2893. Treatment of incentive fees for landlords of housing units for failure to remedy health or environmental hazards The Secretary concerned shall not approve the payment of incentive fees otherwise authorized to be paid to a landlord that the Secretary de- termines has demonstrated a pattern of failing to remedy, or failing to remedy in a timely man- ner, a health or environmental hazard at a hous- ing unit provided by the landlord. (Added Pub. L. 116–92, div. B, title XXX, § 3021, Dec. 20, 2019, 133 Stat. 1931; amended Pub. L. 116–283, div. B, title XXVIII, § 2811(f), Jan. 1, 2021, 134 Stat. 4324.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘pattern of’’ for ‘‘propensity for’’. § 2894. Landlord-tenant dispute resolution proc- ess and treatment of certain payments dur- ing process (a) PROCESS REQUIRED; PURPOSE.—The Sec- retary concerned shall implement a standard- ized 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 reso- lution 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 pre- paring 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. (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 com- plaint database established under section 2894a of this title. (c) RESOLUTION PROCESS.—(1) Not later than two business days after receiving a request from a tenant for resolution of a landlord-tenant dis- pute through the dispute resolution process, the Secretary concerned shall— (A) notify the tenant that the request has been received;