Sec. 2811. MODIFICATIONS AND TECHNICAL CORRECTIONS RELATED TO MILITARY HOUSING PRIVATIZATION REFORM

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## SEC. 2811 MODIFICATIONS AND TECHNICAL CORRECTIONS RELATED TO MILITARY HOUSING PRIVATIZATION REFORM ###

(a)Chief Housing Officer Oversight Responsibilities ####

(1)Oversight of all military housing Section 2890a of title 10, United States Code, is amended— #####

(A)in subsection (a)(1), by striking “housing units” and inserting “family housing and military unaccompanied housing under the jurisdiction of the Department of Defense or acquired or constructed under subchapter IV of this chapter (in this section referred to as ‘covered housing units’)”; and #####

(B)in subsection (b)(1)— ######

(i)in the matter preceding subparagraph (A), by striking “housing under subchapter IV and this subchapter” and inserting “covered housing units”; and ######

(ii)in subparagraphs

(A)and (B), by inserting “covered” before “housing units” both places it appears. ####

(2)Section heading The heading of section 2890a of title 10, United States Code, is amended by inserting before “Chief Housing Officer” the following “Supervision of military housing by”. ####

(3)Transfer and redesignation of section Section 2890a of title 10, United States Code, as amended by paragraphs

(1)and (2)— #####

(A)is transferred to appear after section 2851 of such title; and #####

(B)is redesignated as section 2851a. ###

(b)Rights and Responsibilities of Tenants of Housing Units Section 2890 of title 10, United States Code, is amended— ####

(1)in subsection (b)(15), by striking “and held in escrow”; ####

(2)in subsection (e)(2), in the matter preceding subparagraph (A), by inserting “a” before “landlord”; and ####

(3)in subsection (f), by striking paragraph

(2)and inserting the following new subsection: > > #### “(2) > > Paragraph

(1)shall not apply to a nondisclosure agreement executed— > > > ##### “(A) > > as part of the settlement of litigation; or > > > ##### “(B) > > to avoid litigation if the tenant has retained legal counsel or has sought military legal assistance under section 1044 of this title.” > . ###

(c)Contracts for Provision of Housing Units Section 2891(e) of title 10, United States Code, is amended— ####

(1)in paragraph (1)— #####

(A)in the matter preceding subparagraph (A), by inserting “unit” after “different housing”; and #####

(B)in subparagraph (B), by inserting “the” before “tenant”; and ####

(2)in paragraph (2)(B), by inserting “the” before “tenant”; ###

(d)Management of Housing Units Section 2891a of title 10, United States Code, is amended— ####

(1)by adding a period at the end of subsection (b)(2); ####

(2)in subsection (d), by striking paragraph

(11)and inserting the following new paragraph: > > #### “(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.” > ; and ####

(3)in subsection (e)(2)(B) by striking “the any” and inserting “any”. ###

(e)Tenant Access to Maintenance Information Section 2892a of title 10, United States Code, is amended by striking the text of such section and inserting the following: > > ### “(a) Maintenance Information for Prospective Tenants > > The Secretary concerned shall require each eligible entity or subsequent landlord that offers for lease a housing unit to provide 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 previous seven years; and > > > #### “(2) > > not later than two business days after the prospective tenant requests additional information regarding maintenance conducted with respect to that housing unit during such period, 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).” > . ###

(f)Treatment of Certain Incentive Fees Section 2893 of title 10, United States Code, is amended by striking “propensity for” and inserting “pattern of”. ###

(g)Landlord-tenant Dispute Resolution Process Section 2894 of title 10, United States Code, is amended— ####

(1)in subsection (b), by adding at the end the following new paragraph: > > #### “(6) > > The dispute resolution process shall require the installation or regional commander (as the case may be) to record each dispute in the complaint database established under section 2894a of this title.” > ; ####

(2)in subsection (c)— #####

(A)in paragraph (1), in the matter preceding subparagraph (A), by striking “24 hours” and inserting “two business days”; #####

(B)in paragraph (3)— ######

(i)by inserting “business” before “days”; and ######

(ii)by inserting “, such office” before “shall complete”; #####

(C)in paragraph (4), in the matter preceding subparagraph (A), by inserting “, at a minimum,” before “the following persons”; #####

(D)in paragraph (5), by inserting “calendar” before “days” both places it appears; and #####

(E)by striking paragraph

(6)and inserting the following new paragraph: > > #### “(6) > > Except as provided in paragraph (5)(B), a final decision shall be transmitted to the tenant, landlord, and the installation or regional commander (as the case may be) not later than 30 calendar days after the request was submitted.” > ; and ####

(3)by striking subsections

(d)and

(e)and inserting the following new subsections: > > ### “(d) Effect of Failure to Comply With Decision > > > ####

(1)> > If the final decision rendered under subsection

(c)for resolution of a landlord-tenant dispute includes instructions for the landlord responsible for the housing unit to further remediate the housing unit, the decision shall specify a reasonable period of time, but not less than 10 business days, for the landlord to complete the remediation. > > > #### “(2) > > If the landlord does not remediate the issues before the end of the time period specified in the final decision in a manner consistent with the instructions contained in the decision, any amounts payable to the landlord for the housing unit shall be reduced by 10 percent for each period of five calendar days during which the issues remain unremediated. > > > ### “(e) Request to Withhold Payments During Resolution Process > > > ####

(1)> > As part of the submission of a request for resolution of a landlord-tenant dispute through the dispute resolution process regarding maintenance guidelines or procedures or habitability, the tenant may request that all or part of the payments described in paragraph

(3)for lease of the housing unit be segregated and not used by the property owner, property manager, or landlord pending completion of the dispute resolution process. > > > #### “(2) > > The amount allowed to be withheld under paragraph

(1)shall be limited to amounts associated with the period during which— > > > ##### “(A) > > the landlord has not met maintenance guidelines and procedures established by the Department of Defense, either through contract or otherwise; or > > > ##### “(B) > > the housing unit is uninhabitable according to State and local law for the jurisdiction in which the housing unit is located. > > > #### “(3) > > This subsection applies to the following: > > > ##### “(A) > > Any 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. > > > ##### “(B) > > All or part of any pay of a tenant subject to allotment as described in section 2882(c) of this title.” > . ###

(h)Annual Assessment of the Dispute Resolution Process Paragraph

(10)of section 2884(c) of title 10, United States Code, is amended to read as follows: > > #### “(10) > > An assessment of the dispute resolution process under section 2894(c) of this title, which shall include a list of dispute resolution cases by installation and the final outcome of each case.” > . ###

(i)Payment Authority Section 606(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2871 note), as amended by section 3036 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116-92; 133 Stat. 1938), is further amended— ####

(1)in paragraph (1)(A), by inserting “monthly” before “payments”; ####

(2)in paragraph (2)(A), by striking “payments to” and all that follows through “subparagraph (C)” and inserting “monthly payments, under such terms and in such amounts as determined by the Secretary, to one of more lessors responsible for underfunded MHPI housing projects identified pursuant to subparagraph

(C)under the jurisdiction of the Secretary”; and ####

(3)in paragraph (3)(B), by inserting “that” before “require”. ###

(j)Suspension of Resident Energy Conservation Program Section 3063(b) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116-92; 133 Stat. 1947; 10 U.S.C. 2867 note) is amended— ####

(1)by inserting “covered by a program suspended under subsection (a)” after “privatized military housing” the first place it appears; and ####

(2)by striking “on the installation military housing unit”. ###

(k)Clerical Amendments ####

(1)Chief housing officer #####

(A)Addition **[**[10 U.S.C. 2851](/us/usc/t10/s2851)**]** The table of sections at the beginning of subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after the item relating to section 2851 the following new item:" “2851a. Supervision of military housing by Chief Housing Officer.” ". #####

(B)Repeal **[**[10 U.S.C. 2890](/us/usc/t10/s2890)**]** The table of sections at the beginning of subchapter V of chapter 169 of title 10, United States Code, is amended by striking the item relating to section 2890a. ####

(2)Disclosure of personally identifiable information The table of sections at the beginning of subchapter V of chapter 169 of title 10, United States Code, is amended by striking the item relating to section 2892b and inserting the following new item:" “2892b. Prohibition on requirement to disclose personally identifiable information in requests for certain maintenance.” ".

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