Sec. 3043. Requirements relating to management of privatized military housing
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Subchapter IV of chapter 169 of title 10, United States Code, is amended by inserting after section 2872b following new section: The Secretary of Defense shall ensure that the operating agreement for each installation of the Department of Defense at which on-base housing is managed by a landlord under this subchapter includes the requirements set forth in this section relating to such housing. The commander of each installation described in subsection
(a)shall do the following: On an annual basis, review and approve the mold mitigation plan and pest control plan of each landlord at such installation. Use the assigned bio-environmental personnel or contractor equivalent at such installation to test for mold, unsafe water conditions, and other health and safety conditions if requested by the head of the housing management office of such installation. The head of the housing management office of each installation described in subsection
(a)shall, with respect to housing units under this subchapter, do the following: Conduct physical inspections and approve the habitability of each vacant housing unit before the landlord offers the unit available for occupancy. Conduct physical inspections upon tenant move out and receive copies of any move out charges that a landlord seeks to collect from an outgoing tenant. Establish contact with a tenant regarding the satisfaction of the tenant with the housing unit not later than— 15 days after move-in; and 60 days after move-in. Maintain all test results relating to the health, environmental, and safety condition of a housing unit and the results of any official housing inspection for the life of the contract relating to that housing unit. The landlord of any housing unit under this subchapter at an installation described in subsection
(a)shall do the following: Disclose to the Secretary of Defense bonus structures for community managers and regional executives and bonus structures relating to maintenance to minimize the impact of those incentives on the operating budget of the installation. With respect to test results relating to the health and safety condition of the housing unit— not later than three days after receiving those results, share those results with the tenant of such unit and submit those results to the head of the housing management office for the installation; and 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. Conduct a walkthrough inspection before a prospective tenant signs a lease— with the prospective tenant; or 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 their behalf. In the event that the housing unit does not meet minimum health, safety, and welfare standards set forth in Federal, State, and local law after inspection under subsection (c)(1), the landlord shall remediate any issues and make any appropriate repairs prior to another inspection by the housing management office under such subsection. Not conduct any promotional events to incentivize tenants to fill out maintenance comment cards or satisfaction surveys of any kind without the approval of the chief of the housing management office. Not award an installation of the Department or an officer or employee of the Department a Partner of the Year award or similar award. Not have a tenant agree to any form of settlement, nondisclosure, or release of liability without— first notifying the tenant of their right to assistance from the legal assistance office at the installation; and not later than five days before agreeing to any such settlement, nondisclosure, or release of liability, providing a copy of such agreement to the Assistant Secretary of Defense for Sustainment; 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 if the prospective tenant turns down an offer for a housing unit determined unsatisfactory by the prospective tenant and confirmed by the housing management office and the commander of the installation. Allow, with permission of the tenant as appropriate, employees of the housing management office and other officers and employees of the Department to conduct physical inspections of common grounds and individual quarters of the housing unit. Agree to a mechanism under which all or part of 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, or all or part of any other allotment of pay under section 2882(c) of this title can be held in escrow until— any dispute between the tenant and the landlord is resolved; and the commander of the installation has reviewed and decided such dispute. Ensure that the needs of enrollees in the Exceptional Family Member Program, or any successor program, are considered in assigning prospective tenants to housing units. Keep any maintenance work order system up to date with the latest software, functionality, and features. Have any agreements or forms to be used by the landlord approved by the Assistant Secretary of Defense for Sustainment, including the following: A common lease agreement. Any disclosure or nondisclosure forms that could be given to a tenant. Any notices required to be provided to the tenant under the Tenant Bill of Rights under section 2887 of this title. . The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2872b the following new item: 2872c. Requirements relating to management of housing. . Not later than February 1, 2020, the Secretary of each military department shall submit to the congressional defense committees a plan for the implementation by that military department of section 2872c of title 10, United States Code, as added by subsection (a).