Sec. 2811. Enhanced protections for members of the Armed Forces and their dependents residing in privatized military housing units
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Section 2886 of title 10, United States Code, is amended to read as follows: Each contract between the Secretary concerned and a landlord shall guarantee the rights of tenancy specified in this section for military tenants who reside in military housing units covered by the contract. The rights of tenancy in military housing units specified in this section are not intended to be exclusive. The omission of a tenant right or protection shall not be construed to deny the existence of such a right or protection for military tenants.
The lease between a landlord and military tenant shall be in writing to establish tenancy in a military housing unit. The landlord shall provide the military tenant with a copy of the lease, any addendums, and any other regulations imposed by the landlord regarding occupancy of the military housing unit and use of common areas. The Secretary concerned shall require that a military tenant receive a plain-language briefing regarding the rights of tenancy guaranteed by this section and the respective responsibilities of landlords and military tenants related to tenancy, including the existence of any additional fees authorized by subsection (c)(2), any utilities payments, the procedures for submitting and tracking work orders, the identity of the military tenant advocate, and the dispute resolution process.
A landlord may not retaliate against a military tenant, directly or through the chain-of-command of a member of the armed forces who is a military tenant, in response to a military tenant making a complaint relating to a military housing unit or common areas. Evidence of retaliation may include any of the following actions, including unsuccessful attempts to commit such an action: Unlawful recovery of, or attempt to recover, possession of a military housing unit. Unlawfully increasing the rent, decreasing services, or increasing the obligations of a military tenant.
Interference with a military tenant’s right to privacy. Harassment of a military tenant. Refusal to honor the terms of the lease. Interference with the career of a military tenant. The Inspector General of the Department of Defense and the Inspector General of a military department may investigate allegations of retaliation against a military tenant in connection with a complaint relating to a military housing unit. A landlord may not impose on a military tenant 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 military housing unit, without regard to whether or not the amount of the member's basic allowance for housing under section 403 of title 37 is less than the amount of the rent.
Nothing in paragraph
(1)shall be construed— to prohibit a landlord from imposing an additional payment— for optional services provided to military tenants, such as access to a gym or a parking space; for non-essential utility services, as determined in accordance with regulations promulgated by the Secretary concerned; or to recover damages associated with tenant negligence; or 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 military tenant to pay an out-of-pocket fee or payment in addition to the basic allowance for housing of the member. The Secretary concerned shall establish a dispute resolution process for the resolution of disputes between landlords and military tenants related to military housing units. The resolution process shall use neutral arbitrators and minimize costs incurred by military tenants to participate. During the dispute resolution process between a landlord and military tenant, the Secretary concerned may withhold from the landlord amounts of the military tenant’s basic allowance for housing under section 403 of title 37 that otherwise would be paid to the landlord directly by the military tenant or through allotments of the pay of the military tenant under section 701 of such title. The Secretary concerned shall ensure that landlords— respond promptly to requests for the maintenance or repair of a military housing unit; and communicate effectively with military tenants regarding the schedule and status of maintenance or repair requests. To promote the policy objective described in paragraph (1), the Secretary concerned shall require the establishment of an electronic work order system through which a military tenant may request maintenance or repairs of a military housing unit and track the progress of the work. The electronic work order system shall be accessible— to a military tenant to track a work request made through the system by the military tenant; to military tenant advocates or a commander of the relevant military installation to track a work request made through the system; and to the landlord responsible for the military housing unit to track a work request made through the system by a military tenant. Before accepting a rental application from a prospective military tenant to lease a military housing unit, the landlord must disclose to the prospective military tenant the following: Any housing code violations with respect to the military housing unit incurred within the previous three years. Either a three–year history of mold contamination with respect to the military housing unit and common areas or proof of proper remediation. Either a three–year history of lead contamination in water with respect to the military housing unit and common areas or proof of proper remediation. Either a three–year history of rodent infestation with respect to the military housing unit and common areas or proof of proper remediation. Any information regarding health-related symptoms among previous residents of the military housing unit that may have been the result of exposure to environmental hazards in the military housing unit or common areas, if such residents agreed to voluntarily disclose such information. The military tenant advocate shall inform military tenants of their option to disclose or decline to disclose such information. The landlord must make the information referred to in paragraph
(1)accessible to the military tenant throughout the lease of the military housing unit. A military tenant is entitled to be present for an inspection of a military housing unit before accepting occupancy of the military housing unit to ensure that the military housing unit is habitable and that facilities and common areas of the building are in good repair. A military tenant is entitled to be present for the move-out inspection and must be given sufficient time to address any concerns related to the military tenant’s occupancy of the military housing unit. The Secretary concerned shall assign personnel of the Department of Defense or contractor personnel to serve as a military tenant advocate— to assist in the resolution of a dispute between a landlord and a military tenant; and to serve as a liaison between military tenants and landlords, officials in the chain of command at the installation, and the individual designated in paragraph
(2)within the Office of the Secretary of Defense, with respect to concerns of military tenants at the applicable installation. A military tenant advocate may not be an employee of a landlord or occupy office-space provided by a landlord. The Secretary of Defense shall designate an individual within the Office of the Secretary of Defense to serve as the liaison between the Secretary and the Secretaries concerned, the military tenant advocates under paragraph (1), landlords, and other offices of the Department as the Secretary determines appropriate with respect to military tenant issues. Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, and annually thereafter for the next two years, the individual designated under subparagraph
(A)shall submit to the Secretary of Defense and the congressional defense committees a report containing a description of— common issues encountered by military tenants with respect to military housing; and the responsiveness of landlords to tenant requests for the maintenance or repair of military housing units. . The table of sections at the beginning of subchapter IV of title 10, United States Code, is amended by striking the item relating to section 2886 and inserting the following new item: 2886. Specified rights of tenancy in military housing units. . Section 2871 of title 10, United States Code, is amended— by redesignating paragraphs
(7)and
(8)as paragraphs
(10)and (11), respectively; and by inserting after paragraph
(6)the following new paragraphs: The term landlord means an eligible entity that enters into a contract as a partner with the Secretary concerned for the acquisition or construction of a military housing unit under this subchapter or any subsequent lessor who owns, manages, or is otherwise responsible for a military housing unit. The term military housing unit means a unit of military family housing or military unaccompanied housing acquired or constructed under this subchapter. The term military tenant means a member of the armed forces who occupies a military housing unit and any dependent of the member who is a party to a lease for a military housing unit or is authorized to act on behalf of the member in the event of the assignment or deployment of the member. . Not later than March 1, 2020, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing a plan to implement section 2886 of title 10, United States Code, as amended by subsection (a). In the report, the Secretary shall identify any circumstances that would impede application of the requirements of such section to existing contracts for the acquisition or construction of military family housing units or military unaccompanied housing units under subchapter IV of chapter 169 of such title, and to existing contracts for the management of such military housing units.