§2882 — Title 10 Armed Forces | U.S. Code

§2882 Effect of Assignment of Members to Housing Units Acquired or Constructed Under Alternative Authority

Title 10 › Subtitle Subtitle A— General Military Law › Part IV— SERVICE, SUPPLY, AND PROPERTY › Chapter 169— MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › Subchapter IV— ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING › § 2882

Last updated Apr 3, 2026|Official source

Summary

Housing units bought or built under this subchapter are treated as U.S. quarters or military housing for the rules in section 403 of title 37. If a service member is assigned to one of those units that the United States does not own or lease, the member must receive the basic allowance for housing under section 403 of title 37. The Secretary in charge may require members who lease those units to pay rent by making an allotment from their pay under section 701 of title 37.

Title 10, §2882

Armed Forces — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), housing units acquired or constructed under this subchapter shall be considered as quarters of the United States or a housing facility under the jurisdiction of a uniformed service for purposes of section 403 of title 37.

(b)A member of the armed forces who is assigned to a housing unit acquired or constructed under this subchapter that is not owned or leased by the United States shall be entitled to a basic allowance for housing under section 403 of title 37.

(c)The Secretary concerned may require members of the armed forces who lease housing in housing units acquired or constructed under this subchapter to make lease payments for such housing pursuant to allotments of the pay of such members under section 701 of title 37.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Pub. L. 110–417 amended section generally. Prior to amendment, section related to assignment of members of the armed forces to housing units by the Secretary concerned, treatment of such housing as quarters of the United States, entitlement to a basic allowance for housing, and making of lease payments through pay allotments. 1997—Subsec. (b)(1). Pub. L. 105–85, § 603(d)(2)(C)(i), substituted “section 403” for “section 403(b)”. Subsec. (b)(2). Pub. L. 105–85, § 603(d)(2)(C)(ii), substituted “basic allowance for housing under section 403 of title 37” for “basic allowance for quarters under section 403 of title 37 and, if in a high housing cost area, a variable housing allowance under section 403a of that title”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1997 AmendmentAmendment 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.