38 USC 2101 - Acquisition and adaptation of housing: eligible veterans

U.S Code last checked for updates: Nov 22, 2024

§ 2101.

Acquisition and adaptation of housing: eligible veterans

(a)

Acquisition of Housing With Special Features.—

(1)

Subject to paragraphs (3) and (4), the Secretary may assist a disabled veteran described in paragraph (2) in acquiring a suitable housing unit with special fixtures or movable facilities made necessary by the nature of the veteran’s disability, and necessary land therefor.

(2)

(A)

A veteran is described in this paragraph if the veteran—

(i)

is entitled to compensation under chapter 11 of this title for a service-connected disability that meets any of the criteria described in subparagraph (B); or

(ii)

served in the Armed Forces on or after September 11, 2001, and is entitled to compensation under chapter 11 of this title for a permanent service-connected disability that meets the criterion described in subparagraph (C).

(B)

(i)

The permanent and total disability is due to the loss, or loss of use, of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.

(ii)

The permanent disability is due to blindness in both eyes, having central visual acuity of 20/200 or less in the better eye with the use of a standard correcting lens. For the purposes of this clause, an eye with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered as having a central visual acuity of 20/200 or less.

(iii)

The permanent and total disability is due to the loss or loss of use of one lower extremity together with—

(I)

residuals of organic disease or injury; or

(II)

the loss or loss of use of one upper extremity,

which so affect the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.

(iv)

The permanent and total disability is due to the loss, or loss of use, of both upper extremities such as to preclude use of the arms at or above the elbows.

(v)

The permanent and total disability is due to a severe burn injury (as determined pursuant to regulations prescribed by the Secretary).

(C)

The criterion described in this subparagraph is that the disability—

(i)

was incurred on or after September 11, 2001; and

(ii)

is due to the loss or loss of use of one or more lower extremities which so affects the functions of balance or propulsion as to preclude ambulating without the aid of braces, crutches, canes, or a wheelchair.

(3)

The regulations prescribed under subsection (d) shall require that assistance under paragraph (1) may be provided to a veteran only if the Secretary finds that—

(A)

it is medically feasible for the veteran to reside in the proposed housing unit and in the proposed locality;

(B)

the proposed housing unit bears a proper relation to the veteran’s present and anticipated income and expenses; and

(C)

the nature and condition of the proposed housing unit are such as to be suitable to the veteran’s needs for dwelling purposes.

(4)

In any fiscal year, the Secretary may not approve more than 120 applications for assistance under paragraph (1) for disabled veterans described in paragraph (2)(A)(ii).

(b)

Adaptations to Residence of Veteran.—

(1)

Subject to paragraph (3), the Secretary shall assist any disabled veteran described in paragraph (2) (other than a veteran who is eligible for assistance under subsection (a))—

(A)

in acquiring such adaptations to such veteran’s residence as are determined by the Secretary to be reasonably necessary because of such disability; or

(B)

in acquiring a residence already adapted with special features determined by the Secretary to be reasonably necessary for the veteran because of such disability.

(2)

A veteran is described in this paragraph if the veteran is entitled to compensation under chapter 11 of this title for a service-connected disability that meets any of the following criteria:

(A)

A permanent and total disability that includes the anatomical loss or loss of use of both hands.

(B)

A permanent and total disability that is due to a severe burn injury (as so determined).

(3)

Assistance under paragraph (1) may be provided only to a veteran who the Secretary determines—

(A)

is residing in and reasonably intends to continue residing in a residence owned by such veteran or by a member of such veteran’s family; or

(B)

if the veteran’s residence is to be constructed or purchased, will be residing in and reasonably intends to continue residing in a residence owned by such veteran or by a member of such veteran’s family.

(c)

Regulations.—

Assistance under this section shall be provided in accordance with such regulations as the Secretary may prescribe.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1168, § 801; Pub. L. 86–239, Sept. 8, 1959, 73 Stat. 472; Pub. L. 88–401, Aug. 4, 1964, 78 Stat. 380; Pub. L. 91–22, § 1, June 6, 1969, 83 Stat. 32; Pub. L. 95–117, title IV, § 401, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 96–385, title III, § 301(a), Oct. 7, 1980, 94 Stat. 1531; Pub. L. 99–576, title IV, § 401(a), title VII, §§ 701(48), 702(7), Oct. 28, 1986, 100 Stat. 3280, 3295, 3302; renumbered § 2101 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 108–183, title IV, § 401, Dec. 16, 2003, 117 Stat. 2664; Pub. L. 108–454, title IV, § 401, Dec. 10, 2004, 118 Stat. 3614; Pub. L. 109–233, title I, § 105(a), June 15, 2006, 120 Stat. 402; Pub. L. 110–289, div. B, title VI, §§ 2602(b)(1), (7)(A), 2603, July 30, 2008, 122 Stat. 2859, 2860; Pub. L. 112–154, title II, §§ 202(a), (c), 203(a), Aug. 6, 2012, 126 Stat. 1176, 1177; Pub. L. 113–37, § 2(g), Sept. 30, 2013, 127 Stat. 524; Pub. L. 113–175, title IV, § 405, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 114–58, title IV, § 407, title VI, § 601(10), (11), Sept. 30, 2015, 129 Stat. 535, 538; Pub. L. 114–228, title IV, § 408, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, § 407, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, § 121, Sept. 29, 2018, 132 Stat. 3169; Pub. L. 116–154, §§ 2, 3(b), Aug. 8, 2020, 134 Stat. 690, 691.)

cite as: 38 USC 2101