---
kind: "section"
citation: "10 U.S.C. § 2835a"
title: "10"
title_heading: "Armed Forces"
number: "2835a"
heading: "Use of military family housing constructed under build and lease authority to house other members"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2835a"
units:
  - "Subtitle A — General Military Law"
  - "Part IV — Service, Supply, and Property"
  - "Chapter 169 — Military Construction and Military Family Housing"
  - "Subchapter II — Military Family Housing"
---

# §2835a. Use of military family housing constructed under build and lease authority to house other members

- (a) **Individual Assignment of Members Without Dependents.—**
  - (1) To the extent that the [Secretary concerned](/usc/10/2801.md?p=c-5) determines that [military](/usc/10/801.md?p=8) family housing constructed and leased under [section 2835 of this title](/usc/10/2835.md) is not needed to house members of the [armed forces](/usc/10/101.md?p=a-4) eligible for assignment to [military](/usc/10/801.md?p=8) family housing, the [Secretary](/usc/10/4951.md?p=3) may assign, without rental charge, members without [dependents](/usc/10/1072.md?p=2) to the housing.
  - (2) A member without [dependents](/usc/10/1072.md?p=2) who is assigned to housing pursuant to [paragraph (1)](#a-1) shall be considered to be assigned to quarters pursuant to [section 403(e) of title 37](/usc/37/403.md?p=e).
- (b) **Conversion to Long-Term Leasing of Military Unaccompanied Housing.—**
  - (1) If the [Secretary concerned](/usc/10/2801.md?p=c-5) determines that [military](/usc/10/801.md?p=8) family housing constructed and leased under [section 2835 of this title](/usc/10/2835.md) is excess to the long-term needs of the family housing [program](/usc/10/2101.md?p=1) of the [Secretary](/usc/10/4951.md?p=3), the [Secretary](/usc/10/4951.md?p=3) may convert the lease contract entered into under [subsection (a)](/usc/10/2835.md?p=a) of such section into a long-term lease of [military](/usc/10/801.md?p=8) unaccompanied housing.
  - (2) The term of the lease contract for [military](/usc/10/801.md?p=8) unaccompanied housing converted from [military](/usc/10/801.md?p=8) family housing under [paragraph (1)](#b-1) may not exceed the remaining term of the lease contract for the family housing so converted.
- (c) **Notice and Wait Requirements.—** The [Secretary concerned](/usc/10/2801.md?p=c-5) may not convert [military](/usc/10/801.md?p=8) family housing to [military](/usc/10/801.md?p=8) unaccompanied housing under [subsection (b)](#b) until after the end of the 14-day period beginning on the date on which the [Secretary](/usc/10/4951.md?p=3) submits, in an electronic medium pursuant to [section 480 of this title](/usc/10/480.md), to the [appropriate committees of Congress](/usc/10/301.md?p=1) a notice of the intent to undertake the conversion.
- (d) **Application to Housing Leased Under Former Authority.—** This section also shall apply to housing initially acquired or constructed under the former [section 2828(g) of this title](/usc/10/2828.md?p=g) (commonly known as the “Build to Lease [program](/usc/10/2101.md?p=1)”), as added by section 801 of the [Military Construction](/usc/10/2801.md?p=a) Authorization Act, 1984 (Public Law 98–115; 97 Stat 782).

## Source credit

(Added Pub. L. 110–417, div. B, title XXVIII, § 2803(a), Oct. 14, 2008, 122 Stat. 4719; amended Pub. L. 115–91, div. B, title XXVIII, § 2801(b)(6), Dec. 12, 2017, 131 Stat. 1843; Pub. L. 116–92, div. A, title XVII, § 1731(a)(56), Dec. 20, 2019, 133 Stat. 1815.)

## Notes

### Editorial Notes

### References in Text

Section 2828(g) of this title (commonly known as the “Build to Lease program”), as added by section 801 of the Military Construction Authorization Act, 1984, referred to in subsec. (d), means the subsection (g) added to section 2828 of this title by section 801 of Pub. L. 98–115, which was repealed by Pub. L. 102–190, div. B, title XXVIII, § 2806(b), Dec. 5, 1991, 105 Stat. 1540.

### Amendments

2019—Subsec. (c). Pub. L. 116–92 struck out par. (1) designation before “The Secretary”.

2017—Subsec. (c). Pub. L. 115–91 substituted “until after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a notice of the intent to undertake the conversion.” for “until—” and struck out subpars. (A) and (B) which required a notice of intent and a wait period and par. (2) which read as follows: “The notice required by paragraph (1) shall include—

“(A) an explanation of the reasons for the conversion of the military family housing to military unaccompanied housing;

“(B) a description of the long-term lease to be converted;

“(C) amounts to be paid under the lease; and

“(D) the expiration date of the lease.”