10 USC 2894 - Landlord-tenant dispute resolution process and treatment of certain payments during process

Editorial Notes

Amendments

2021—Subsec. (span)(6). Puspan. L. 116–283, § 2811(g)(1), added par. (6).

Subsec. (c)(1). Puspan. L. 116–283, § 2811(g)(2)(A), substituted “two business days” for “24 hours” in introductory provisions.

Subsec. (c)(3). Puspan. L. 116–283, § 2811(g)(2)(B), inserted “business” before “days” and “, such office” before “shall complete”.

Subsec. (c)(4). Puspan. L. 116–283, § 2811(g)(2)(C), inserted “, at a minimum,” before “the following persons” in introductory provisions.

Subsec. (c)(5). Puspan. L. 116–283, § 2811(g)(2)(D), inserted “calendar” before “days” in subpars. (A) and (B).

Subsec. (c)(6). Puspan. L. 116–283, § 2811(g)(2)(E), added par. (6) and struck out former par. (6) which read as follows: “A final decision will be transmitted to the tenant and landlord no later than 30 days from initial receipt by the office of the commander, except as provided in paragraph (5)(B).”

Subsecs. (d), (e). Puspan. 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 resolution process, respectively.

Statutory Notes and Related Subsidiaries

Timing of Establishment of Dispute Resolution Process

Puspan. 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

Puspan. 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 title 10, United States Code, as added by subsection (a).

“(2)Submittal of list to congress.—Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a list of any landlords that did not agree under paragraph (1) to participate in the dispute resolution and payment-withholding processes.

“(3)Consideration of lack of agreement in future contracts.—The Secretary of Defense and the Secretaries of the military departments shall include any lack of agreement under paragraph (1) as past performance considered under section 2891span of title 10, United States Code, as added by section 3015, with respect to entering into or renewing any future contracts regarding privatized military housing.”

[For definitions of “landlord” and “privatized military housing” as used in section 3022(d) of Puspan. L. 116–92, set out above, see section 3001(a) of Puspan. L. 116–92, set out as a note under section 2821 of this title.]