Occupancy of substandard family housing units

  1. Law
  2. USC 10
  3. Armed Forces
  4. General Military Law
  5. SERVICE, SUPPLY, AND PROCUREMENT
  6. MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
  7. MILITARY FAMILY HOUSING
  8. Occupancy of substandard family housing units

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§2830. Occupancy of substandard family housing units

(a)(1) A member of the uniformed services with dependents may, without loss of the member's basic allowance for housing under section 403 of title 37, occupy a substandard family housing unit under the jurisdiction of the Secretary concerned.

(2) Occupancy of a family housing unit under paragraph (1) shall be subject to a charge against the member's basic allowance for housing in the amount of the fair rental value of the housing unit. However, such a charge may not be made in an amount in excess of 75 percent of the amount of such allowance.

(b)(1) The Secretary concerned may lease substandard family housing units to members of any of the uniformed services for occupancy by such members.

(2) The authority to enter into leases under paragraph (1) shall be exercised-

(A) in the case of a lease by the Secretary of a military department, subject to regulations prescribed by the Secretary of Defense; and

(B) in the case of a lease by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, subject to regulations prescribed by that Secretary.

(Added Pub. L. 97–214, §2(a), July 12, 1982, 96 Stat. 162 ; amended Pub. L. 99–348, title III, §304(a)(4), July 1, 1986, 100 Stat. 703 ; Pub. L. 100–180, div. A, title VI, §632(a), Dec. 4, 1987, 101 Stat. 1105 ; Pub. L. 105–85, div. A, title VI, §603(d)(2)(B), Nov. 18, 1997, 111 Stat. 1782 ; Pub. L. 107–296, title XVII, §1704(b)(1), Nov. 25, 2002, 116 Stat. 2314 .)

Amendments

2002-Subsec. (b)(2)(B). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".

1997-Subsec. (a)(1). Pub. L. 105–85, §603(d)(2)(B)(i), substituted "basic allowance for housing under section 403 of title 37" for "basic allowance for quarters".

Subsec. (a)(2). Pub. L. 105–85, §603(d)(2)(B)(ii), substituted "basic allowance for housing" for "basic allowance for quarters".

1987-Subsec. (a)(1). Pub. L. 100–180, §632(a)(1), substituted "Secretary concerned" for "Secretary of a military department".

Subsec. (b). Pub. L. 100–180, §632(a)(2), (3), designated existing provisions as par. (1), substituted "The Secretary concerned" for "Subject to regulations prescribed by the Secretary of Defense, the Secretary of a military department", and added par. (2).

1986-Subsec. (c). Pub. L. 99–348 struck out subsec. (c) which defined "uniformed services" in this section to mean the armed forces and the commissioned corps of the Public Health Service and of the National Oceanic and Atmospheric Administration. See section 101 of this title.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Government Organization and Employees.

Effective Date

For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title.


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