---
kind: "section"
citation: "10 U.S.C. § 2838"
title: "10"
title_heading: "Armed Forces"
number: "2838"
heading: "Leasing of military family housing to Secretary of Defense"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2838"
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"
---

# §2838. Leasing of military family housing to Secretary of Defense

- (a) **Authority.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) may lease to the [Secretary](/usc/10/4951.md?p=3) of Defense [military](/usc/10/801.md?p=8) family housing in the National Capital Region (as defined in [section 2674(f) of this title](/usc/10/2674.md?p=f)).
  - (2) In determining the [military](/usc/10/801.md?p=8) housing unit to lease under this section, the [Secretary](/usc/10/4951.md?p=3) of Defense should first consider any available [military](/usc/10/801.md?p=8) housing units that are already substantially equipped for executive communications and security.
- (b) **Rental Rate.—** A lease under [subsection (a)](#a) shall provide for the payment by the [Secretary](/usc/10/4951.md?p=3) of Defense of consideration in an amount equal to 105 percent of the monthly [rate](/usc/10/101.md?p=b-9) of basic allowance for housing prescribed under [section 403(b) of title 37](/usc/37/403.md?p=b) for a member of the [uniformed services](/usc/10/1072.md?p=1) in the [pay](/usc/10/101.md?p=a-15) [grade](/usc/10/101.md?p=b-7) of O–10 with [dependents](/usc/10/1072.md?p=2) assigned to duty at the [military installation](/usc/10/2801.md?p=c-4) on which the leased housing unit is located. A [rate](/usc/10/101.md?p=b-9) so established shall be considered the fair market value of the lease interest.
- (c) **Treatment of Proceeds.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) shall deposit all amounts received pursuant to leases entered into by the [Secretary](/usc/10/4951.md?p=3) under this section into a special account in the Treasury established for such [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6).
  - (2) The proceeds deposited into the special account of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) pursuant to [paragraph (1)](#c-1) shall be available to the [Secretary](/usc/10/4951.md?p=3) of that [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6), without further appropriation, for the maintenance, protection, alteration, repair, improvement, or restoration of [military](/usc/10/801.md?p=8) housing on the [military installation](/usc/10/2801.md?p=c-4) at which the housing leased pursuant to [subsection (a)](#a) is located.

## Source credit

(Added Pub. L. 110–417, div. B, title XXVIII, § 2804(a), Oct. 14, 2008, 122 Stat. 4720.)