View all text of Subchapter V [§ 2890 - § 2894a]
§ 2891a. Requirements relating to management of housing units
(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.
(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.
(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 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 or to make differential lease payments under section 2877 of this title, 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 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 et seq.), or to meet the reasonable modification and accommodation requirements of section 804 of the Fair Housing Act (42 U.S.C. 3604) 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).
(Added Pub. L. 116–92, div. B, title XXX, § 3014(a), Dec. 20, 2019, 133 Stat. 1924; amended Pub. L. 116–283, div. B, title XXVIII, § 2811(d), Jan. 1, 2021, 134 Stat. 4324; Pub. L. 117–81, div. A, title X, § 1081(a)(31), div. B, title XXVIII, § 2813(b)(1), Dec. 27, 2021, 135 Stat. 1921, 2192; Pub. L. 117–263, div. B, title XXVIII, § 2824, Dec. 23, 2022, 136 Stat. 3001.)