Title 10, Armed ForcesRelease 119-110

§2838 Leasing of Military Family Housing to Secretary of Defense

Title 10 › Subtitle A — General Military Law › PART IV — SERVICE, SUPPLY, AND PROPERTY › CHAPTER 169 — MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › SUBCHAPTER II — MILITARY FAMILY HOUSING › § 2838

Last updated Sep 22, 2026|Official source

Summary

The head of a military department can lease military family housing in the National Capital Region to the Secretary of Defense. The Defense Secretary should first pick units already set up for executive communications and security. Rent must equal 105% of the monthly basic allowance for housing for an O–10 with dependents at that installation, and that amount counts as fair market value. All rent money goes into a special Treasury account for that military department. That money can be used, without needing more approval, to maintain and do related work on military housing at the same installation (including protection, alteration, repair, improvement, or restoration).

Full Legal Text

Title 10, §2838

Armed Forces, Source: USLM XML via OLRC

(a)Authority.—

(1)The Secretary of a military department may lease to the Secretary of Defense military family housing in the National Capital Region (as defined in section 2674(f) of this title).

(2)In determining the military housing unit to lease under this section, the Secretary of Defense should first consider any available military housing units that are already substantially equipped for executive communications and security.

(b)Rental Rate.—

A lease under subsection (a) shall provide for the payment by the Secretary of Defense of consideration in an amount equal to 105 percent of the monthly rate of basic allowance for housing prescribed under section 403(b) of title 37 for a member of the uniformed services in the pay grade of O–10 with dependents assigned to duty at the military installation on which the leased housing unit is located. A rate so established shall be considered the fair market value of the lease interest.

(c)Treatment of Proceeds.—

(1)The Secretary of a military department shall deposit all amounts received pursuant to leases entered into by the Secretary under this section into a special account in the Treasury established for such military department.

(2)The proceeds deposited into the special account of a military department pursuant to paragraph (1) shall be available to the Secretary of that military department, without further appropriation, for the maintenance, protection, alteration, repair, improvement, or restoration of military housing on the military installation at which the housing leased pursuant to subsection (a) is located.

Reference

Citations & Metadata

Citation

10 U.S.C. § 2838

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110