10 U.S.C. § 1147 — Use of military family housing
submitted 36 years ago by Pub. L. 101-510 to r/title-10-ARMED-FORCES · 328 words · no verdicts yet
Military departments may let certain involuntarily separated members remain in military family housing for up to 180 days, usually for a reasonable rent that may be waived for hardship. The section does not authorize continued basic housing allowance.
(a) Transition. (1) Under Defense regulations, a military-department Secretary may let a person involuntarily separated between October 1, 2012, and December 31, 2018, continue living with household members in Department of Defense military family housing provided or leased to the person for no more than 180 days after separation. (2) The responsible Secretary may make regulations allowing similarly separated Coast Guard members to remain in Coast Guard housing for no more than 180 days. (b) Rent. Under those regulations, the Secretary must charge reasonable rent for continued use, but may waive all or part of it for hardship. (c) No transitional housing allowance. Nothing here authorizes continuing any part of the basic housing allowance under 37 U.S.C. § 403 that the person had immediately before involuntary separation, even if the person or household remains after separation in a unit acquired or built under the alternative authority in this section that the United States does not own or lease.
The Secretary of a military department may, pursuant to regulations prescribed by the Secretary of Defense, permit individuals who are involuntarily separated during the period beginning on October 1, 2012, and ending on December 31, 2018, to continue for not more than 180 days after the date of such separation to reside (along with other members of the individual’s household) in military family housing provided or leased by the Department of Defense to such individual as a member of the armed forces*.
The Secretary concerned* may prescribe regulations to permit members of the Coast Guard who are involuntarily separated during the period beginning on October 1, 2012, and ending on December 31, 2018, to continue for not more than 180 days after the date of such separation to reside (along with others of the member’s household) in military family housing provided or leased by the Coast Guard to the individual as a member of the armed forces.
The Secretary concerned, pursuant to such regulations, shall require a reasonable rental charge for the continued use of military family housing under subsection (a), except that such Secretary may waive all or any portion of such charge in any case of hardship.
Nothing in this section shall be construed to authorize the Secretary concerned to continue to provide for any period of time to an individual who is involuntarily separated all or any portion of a basic allowance for housing to which the individual was entitled under section 403 of title 37 immediately before being involuntarily separated, even in cases in which the individual or members of the individual’s household continue to reside after the separation in a housing unit acquired or constructed under the alternative authority of subchapter IV of chapter 169 of this title that is not owned or leased by the United States.
Source credit: (Added Pub. L. 101–510, div. A, title V, § 502(a)(1), Nov. 5, 1990, 104 Stat. 1556; amended Pub. L. 103–160, div. A, title V, § 561(i), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103–337, div. A, title V, § 542(a)(6), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 105–261, div. A, title V, § 561(j), Oct. 17, 1998, 112 Stat. 2026; Pub. L. 106–398, § 1 [[div. A], title V, § 571(j)], Oct. 30, 2000, 114 Stat. 1654, 1654A–135; Pub. L. 112–239, div. A, title VI, § 632, Jan. 2, 2013, 126 Stat. 1782.)
- 1990Enacted · Pub. L. 101-510 · 104 Stat. 1556
- 1993Amended · Pub. L. 103-160 · 107 Stat. 1668
- 1994Amended · Pub. L. 103-337 · 108 Stat. 2768
- 1998Amended · Pub. L. 105-261 · 112 Stat. 2026
- 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
- 2013Amended · Pub. L. 112-239 · 126 Stat. 1782
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-510 on 1990-11-05.
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