Military Housing Oversight and Service Member Protection Act

I 116TH CONGRESS 1ST SESSION H. R. 2384 To amend title 10, United States Code, to improve the provision of military housing to members of the Armed Forces and their families through private entities, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 29, 2019 Ms. HAALAND (for herself, Mr. BISHOP of Georgia, Mr. CARTWRIGHT, Ms. NORTON, Ms. CASTOR of Florida, Mr. RYAN, Mr. HECK, Mr. MORELLE, and Mr. ESPAILLAT) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on Veterans’ Affairs, and the Judiciary, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 10, United States Code, to improve the provision of military housing to members of the Armed Forces and their families through private entities, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Military Housing Over- 4 sight and Service Member Protection Act’’. 5 VerDate Sep 11 2014 03:07 May 01, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2384.IH H2384 kjohnson on DSK79L0C42 with BILLS 2 •HR 2384 IH SEC. 2. IMPROVEMENT OF OVERSIGHT OF PRIVATE MILI- 1 TARY HOUSING. 2 (a) IN GENERAL.—Subchapter IV of chapter 169 of 3 title 10, United States Code, is amended by adding at the 4 end the following new sections: 5 ‘‘§ 2887. Oversight by Department of Defense of con- 6 tracts and housing units 7 ‘‘(a) OVERSIGHT OF CONTRACTS.—(1) The Secretary 8 of Defense shall establish formal written requirements and 9 guidance for entering into and renewing contracts under 10 this subchapter. 11 ‘‘(2) In deciding whether to enter into or renew a con- 12 tract with a landlord under this subchapter, the Secretary 13 shall consider any history of the landlord of providing sub- 14 standard housing. 15 ‘‘(3) The Secretary— 16 ‘‘(A) shall withhold amounts to be paid under 17 a contract under this subchapter if the other party 18 to the contract is found to have engaged in a mate- 19 rial breach of the contract; 20 ‘‘(B) shall rescind a contract under this sub- 21 chapter if the other party to the contract, based on 22 credible evidence, fails to cure such breach within 90 23 days; and 24 ‘‘(C) shall not permit the other party to a con- 25 tract rescinded under subparagraph (B) to enter 26 VerDate Sep 11 2014 03:07 May 01, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2384.IH H2384 kjohnson on DSK79L0C42 with BILLS 3 •HR 2384 IH into new contracts with the Secretary or undertake 1 expansions under existing contracts with the Sec- 2 retary. 3 ‘‘(4) The Secretary of Defense, in coordination with 4 the Secretary concerned, shall adopt a formal written con- 5 tingency plan for the management of housing units under 6 this subchapter in the event that a contract relating to 7 those housing units is rescinded under paragraph (3)(B). 8 ‘‘(b) STANDARDIZED LEASE AGREEMENTS.—The 9 Secretary of Defense shall include in any contract with 10 a landlord under this subchapter a requirement that the 11 landlord use a lease agreement that is standard through- 12 out the Department of Defense. 13 ‘‘(c) HOUSING OFFICE EMPLOYEES.—The Secretary 14 of Defense shall ensure that each housing office at a mili- 15 tary installation consists only of employees of the military 16 department concerned. 17 ‘‘(d) INSPECTIONS OF HOUSING UNITS.—(1) The 18 Secretary of Defense shall— 19 ‘‘(A) ensure that all housing units under this 20 subchapter are safe, clean, and adequate and meet 21 all Federal, state, and local laws and standards of 22 habitability; 23 ‘‘(B) provide for the conduct of regular building 24 code and health inspections of such housing units, 25 VerDate Sep 11 2014 03:07 May 01, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2384.IH H2384 kjohnson on DSK79L0C42 with BILLS 4 •HR 2384 IH consistent with industry standards, which shall in- 1 clude, at minimum— 2 ‘‘(i) inspection before each tenant first oc- 3 cupies a housing unit and again before the ten- 4 ant moves out; and 5 ‘‘(ii) inspection during and after any new 6 construction or renovation of a housing unit; 7 ‘‘(C) employ a sufficient number of independent 8 housing inspectors with all appropriate State and 9 local inspection certifications to conduct no-notice 10 inspections under subparagraph (B); and 11 ‘‘(D) provide appropriate oversight to ensure 12 that all maintenance for such housing units is com- 13 pleted in accordance with all applicable Federal, 14 State, and local health and building codes. 15 ‘‘(2)(A) In providing for the conduct of inspections 16 of housing units under paragraph (1)(B), the Secretary 17 shall permit State and local housing inspectors to conduct 18 no-notice inspections of such units. 19 ‘‘(B) Not less frequently than annually, the Secretary 20 shall notify State and local housing inspectors that they 21 are permitted on a military installation to conduct inspec- 22 tions under subparagraph (A). 23 ‘‘(3) In this subsection, the term ‘independent hous- 24 ing inspector’ means a housing inspector that is not an 25 VerDate Sep 11 2014 03:07 May 01, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2384.IH H2384 kjohnson on DSK79L0C42 with BILLS 5 •HR 2384 IH employee of an entity that owns or manages the housing 1 unit being inspected, including any subsidiary of that enti- 2 ty. 3 ‘‘(e) RESIDENT SURVEYS.—The Secretary of Defense 4 shall consult with the Secretary of each military depart- 5 ment, members of the Armed Forces and their representa- 6 tives, and stakeholders to develop an appropriate method- 7 ology to conduct independent surveys of residents of hous- 8 ing units under this subchapter that are standardized 9 across the military departments. 10 ‘‘(f) ACCESS TO MAINTENANCE WORK ORDER SYS- 11 TEM.—The Secretary of Defense shall require each land- 12 lord to provide to the housing office at each military in- 13 stallation access to the maintenance work order system of 14 such landlord with respect to housing units for members 15 of the Armed Forces and family members of members of 16 the Armed Forces stationed at such installation. 17 ‘‘§ 2888. Tenant rights 18 ‘‘(a) CLAIM TO WITHHOLD PAYMENTS.—(1) A mem- 19 ber of the Armed Forces or family member of a member 20 of the Armed Forces who is a tenant of a housing unit 21 under this subchapter may file a claim with the housing 22 office of the military installation at which the member is 23 stationed requesting to withhold any basic allowance for 24 housing payable to the member (including for any depend- 25 VerDate Sep 11 2014 03:07 May 01, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2384.IH H2384 kjohnson on DSK79L0C42 with BILLS 6 •HR 2384 IH ents of the member in the member’s household) under sec- 1 tion 403 of title 37, or any other allotment of pay under 2 section 2882(c) of this title, for lease of the unit during 3 the period in which— 4 ‘‘(A) the landlord responsible for such housing 5 unit has not met maintenance guidelines and proce- 6 dures established by the landlord or the Department 7 of Defense, either through contract or otherwise; or 8 ‘‘(B) such housing unit is uninhabitable accord- 9 ing to State and local law for the jurisdiction in 10 which the housing unit is located. 11 ‘‘(2)(A) Upon the filing of a claim by a tenant under 12 paragraph (1)— 13 ‘‘(i) under such procedures as the Secretary of 14 Defense shall establish, the Defense Finance and 15 Accounting Service (DFAS) or such other appro- 16 priate office or offices of the Department of Defense 17 as the Secretary shall specify for purposes of such 18 procedures, shall tentatively grant the request; and 19 ‘‘(ii) the housing office that receives the claim 20 shall, not later than 15 days after the date of the 21 request, complete an investigation that includes an 22 inspection conducted by housing inspectors that are 23 certified at the State and local level. 24 VerDate Sep 11 2014 03:07 May 01, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2384.IH H2384 kjohnson on DSK79L0C42 with BILLS 7 •HR 2384 IH ‘‘(B) If the housing office agrees with a claim by a 1 tenant under subparagraph (A) with respect to a housing 2 unit, the housing office shall notify the landlord respon- 3 sible for such unit of the issues described in subsection 4 (a) that require remediation in accordance with the re- 5 quirements of the Department of Defense or State or local 6 law. 7 ‘‘(C) If after an inspection conducted under subpara- 8 graph (A)(ii), the request of the tenant to withhold pay- 9 ment is denied, the tenant may appeal that decision to 10 the commander of the military installation concerned. 11 ‘‘(3) In accordance with procedures established under 12 paragraph (1)(A)(i) for the withholding of any basic allow- 13 ance for housing or other allotment pay under this sub- 14 section, if the landlord responsible for the housing unit 15 does not remediate the issues described in paragraph (1) 16 during a timeline reasonably established by the housing 17 office for the remediation of the issue, the amount payable 18 to the landlord for such unit— 19 ‘‘(A) shall be reduced by 10 percent for each 20 period of five days during which the issues are not 21 remediated; and 22 ‘‘(B) the amount of any such reduction shall be 23 returned to the tenant to whom such amount was 24 provided. 25 VerDate Sep 11 2014 03:07 May 01, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2384.IH H2384 kjohnson on DSK79L0C42 with BILLS 8 •HR 2384 IH ‘‘(b) DISCLOSURE OF RIGHTS.—(1) Each housing of- 1 fice of a military installation shall disclose in writing to 2 each new tenant of a housing unit under this subchapter, 3 upon the signing of the lease for the housing unit, their 4 rights with respect to the housing unit and the procedures 5 under this section for filing a claim against the landlord 6 responsible for the housing unit. 7 ‘‘(2) The Secretary of Defense shall ensure that each 8 lease entered into with a tenant for a housing unit under 9 this subchapter clearly expresses in a separate addendum 10 the procedures under this section for filing a claim against 11 the landlord responsible for the housing unit. 12 ‘‘(c) RELOCATION.—(1) The Secretary concerned 13 shall include in any contract with a landlord responsible 14 for a housing unit under this subchapter under the juris- 15 diction of the Secretary concerned a requirement that the 16 landlord pay all costs associated with relocation of a ten- 17 ant of such unit, including moving services, temporary 18 lodging, per diem, and any other reasonable costs associ- 19 ated with such relocation, if the housing office with juris- 20 diction over the housing unit finds that the housing unit 21 requires renovations or maintenance that necessitate the 22 tenant relocating permanently or temporarily. 23 ‘‘(2) In the case of renovations or maintenance to a 24 housing unit under this subchapter that necessitate a ten- 25 VerDate Sep 11 2014 03:07 May 01, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2384.IH H2384 kjohnson on DSK79L0C42 with BILLS 9 •HR 2384 IH ant relocating permanently or temporarily, the tenant may 1 relocate to a residence outside of the military installation 2 at which the housing unit is located without incurring any 3 penalty from the landlord or the Department of Defense. 4 ‘‘(d) APPROVAL OF COMPLETED WORK.—A landlord 5 responsible for a housing unit under this subchapter may 6 not indicate on the maintenance work order system of the 7 landlord that maintenance work was completed until the 8 tenant of such housing unit approves the completion of 9 the maintenance work in writing. 10 ‘‘(e) PAYMENT OF MEDICAL BILLS.—The Secretary 11 concerned shall include in any contract with a landlord 12 responsible for a housing unit under this subchapter under 13 the jurisdiction of the Secretary concerned a requirement 14 that, if the landlord is found by the Secretary concerned 15 to have not maintained the minimum standards of habit- 16 ability for such housing unit, the landlord shall pay all 17 medical bills for a tenant of such housing unit that are 18 associated with the conditions of such housing unit that 19 do not meet such minimum standards. 20 ‘‘(f) REPORT ON DENIED APPEALS.—The com- 21 mander of each military installation shall submit to the 22 congressional defense committees, not less frequently than 23 annually, a report on all appeals to such commander under 24 VerDate Sep 11 2014 03:07 May 01, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2384.IH H2384 kjohnson on DSK79L0C42 with BILLS 10 •HR 2384 IH subsection (b)(3) that were denied during the year covered 1 by the report. 2 ‘‘(g) RULE OF CONSTRUCTION ON USE OF OTHER 3 ADJUDICATIVE BODIES.—Nothing in this section or any 4 other provision of law shall be construed to prohibit a ten- 5 ant of a housing unit under this subchapter from pursuing 6 a claim against a landlord in any adjudicative body with 7 jurisdiction over the housing unit. 8 ‘‘(h) TREATMENT OF HOUSING LAWS.—Notwith- 9 standing any other provision of law, all Federal, State, 10 and local housing protections that would otherwise apply 11 to a tenant located in a jurisdiction surrounding a military 12 installation in the United States, including standards re- 13 lating to habitability and defenses to eviction, shall apply 14 to a tenant residing in a housing unit under this sub- 15 chapter that is located on a military installation. 16 ‘‘§ 2889. Complaint database 17 ‘‘(a) DATABASE REQUIRED.—The Secretary of De- 18 fense shall establish a database that is available to the 19 public of complaints relating to housing units under this 20 subchapter. 21 ‘‘(b) FILING OF COMPLAINTS.—The Secretary shall 22 ensure that a tenant of a housing unit under this sub- 23 chapter may file a complaint relating to such housing unit 24 for inclusion in the database under subsection (a). 25 VerDate Sep 11 2014 03:07 May 01, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2384.IH H2384 kjohnson on DSK79L0C42 with BILLS 11 •HR 2384 IH ‘‘(c) RESPONSE BY LANDLORD.—(1) The Secretary 1 shall include in any contract with a landlord responsible 2 for a housing unit under this subchapter a requirement 3 that the landlord respond to any complaints included in 4 the database under subsection (a) that relate to the hous- 5 ing unit. 6 ‘‘(2) Any response under paragraph (1) shall be in- 7 cluded in the database under subsection (a). 8 ‘‘§ [Text truncated for display. 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