TITLE 38 - US CODE - CHAPTER 21 - SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS

38 USC 2101 - Veterans eligible for assistance

(a) Acquisition of Housing With Special Features.—

(1) Subject to paragraph (3), 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 veterans disability, and necessary land therefor.

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

(A) The 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.

(B) The disability is due to

(i) blindness in both eyes, having only light perception, plus

(ii) loss or loss of use of one lower extremity.

(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.

(D) The 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.

(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 veterans 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 veterans needs for dwelling purposes.

(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 veterans 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.

(A) The disability is due to blindness in both eyes with 5/200 visual acuity or less.

(B) The disability includes the anatomical loss or loss of use of both hands.

(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 veterans family; or

(B) if the veterans 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 veterans family.

(c)

(1) The Secretary may provide assistance under subsection (a) to a member of the Armed Forces serving on active duty who is suffering from a disability described in subparagraph (A), (B), (C), or (D) of paragraph (2) of that subsection if such disability is the result of an injury incurred or disease contracted in or aggravated in line of duty in the active military, naval, or air service. Such assistance shall be provided to the same extent as assistance is provided under that subsection to veterans eligible for assistance under that subsection and subject to the requirements of paragraph (3) of that subsection.

(2) The Secretary may provide assistance under subsection (b) to a member of the Armed Forces serving on active duty who is suffering from a disability described in subparagraph (A) or (B) of paragraph (2) of that subsection if such disability is the result of an injury incurred or disease contracted in or aggravated in line of duty in the active military, naval, or air service. Such assistance shall be provided to the same extent as assistance is provided under that subsection to veterans eligible for assistance under that subsection and subject to the requirements of paragraph (3) of that subsection.

(d) Regulations.—
Assistance under this section shall be provided in accordance with such regulations as the Secretary may prescribe.

38 USC 2102 - Limitations on assistance furnished

(a) The assistance authorized by section 2101 (a) of this title shall be afforded under one of the following plans, at the option of the veteran

(1) where the veteran elects to construct a housing unit on land to be acquired by such veteran, the Secretary shall pay not to exceed 50 percent of the total cost to the veteran of

(A) the housing unit and

(B) the necessary land upon which it is to be situated;

(2) where the veteran elects to construct a housing unit on land acquired by such veteran prior to application for assistance under this chapter, the Secretary shall pay not to exceed the smaller of the following sums:

(A) 50 percent of the total cost to the veteran of the housing unit and the land necessary for such housing unit, or

(B) 50 percent of the cost to the veteran of the housing unit plus the full amount of the unpaid balance, if any, of the cost to the veteran of the land necessary for such housing unit;

(3) where the veteran elects to remodel a dwelling which is not adapted to the requirements of such veterans disability, acquired by such veteran prior to application for assistance under this chapter, the Secretary shall pay not to exceed

(A) the cost to the veteran of such remodeling; or

(B) 50 percent of the cost to the veteran of such remodeling; plus the smaller of the following sums:

(i) 50 percent of the cost to the veteran of such dwelling and the necessary land upon which it is situated, or

(ii) the full amount of the unpaid balance, if any, of the cost to the veteran of such dwelling and the necessary land upon which it is situated; and

(4) where the veteran has acquired a suitable housing unit, the Secretary shall pay not to exceed the smaller of the following sums:

(A) 50 percent of the cost to the veteran of such housing unit and the necessary land upon which it is situated, or

(B) the full amount of the unpaid balance, if any, of the cost to the veteran of such housing unit and the necessary land upon which it is situated.

(b) Except as provided in section 2104 (b) of this title, the assistance authorized by section 2101 (b) of this title shall be limited to the lesser of

(1) the actual cost, or, in the case of a veteran acquiring a residence already adapted with special features, the fair market value, of the adaptations determined by the Secretary under such section 2101 (b) to be reasonably necessary, or

(2) $10,000.

(c) The amount of assistance afforded under subsection (a) for a veteran authorized assistance by section 2101 (a) of this title shall not be reduced by reason that title to the housing unit, which is vested in the veteran, is also vested in any other person, if the veteran resides in the housing unit.

(d)

(1) The aggregate amount of assistance available to a veteran under sections 2101 (a) and 2102A of this title shall be limited to $50,000.

(2) The aggregate amount of assistance available to a veteran under sections 2101 (b) and 2102A of this title shall be limited to $10,000.

(3) No veteran may receive more than three grants of assistance under this chapter.

38 USC 2102A - Assistance for veterans residing temporarily in housing owned by a family member

(a) Provision of Assistance.—
In the case of a disabled veteran who is described in subsection (a)(2) or (b)(2) of section 2101 of this title and who is residing, but does not intend to permanently reside, in a residence owned by a member of such veterans family, the Secretary may assist the veteran in acquiring such adaptations to such residence as are determined by the Secretary to be reasonably necessary because of the veterans disability.

(b) Amount of Assistance.—
The assistance authorized under subsection (a) may not exceed

(1) $14,000, in the case of a veteran described in section 2101 (a)(2) of this title; or

(2) $2,000, in the case of a veteran described in section 2101 (b)(2) of this title.

(c) Limitation.—
The assistance authorized by subsection (a) shall be limited in the case of any veteran to one residence.

(d) Regulations.—
Assistance under this section shall be provided in accordance with such regulations as the Secretary may prescribe.

(e) Termination.—
No assistance may be provided under this section after the end of the five-year period that begins on the date of the enactment of the Veterans Housing Opportunity and Benefits Improvement Act of 2006.

38 USC 2103 - Furnishing of plans and specifications

The Secretary is authorized to furnish to veterans eligible for assistance under this chapter, without cost to the veterans, model plans and specifications of suitable housing units.

38 USC 2104 - Benefits additional to benefits under other laws

(a) Any veteran who accepts the benefits of this chapter shall not by reason thereof be denied the benefits of chapter 37 of this title; however, except as provided in subsection (b) of this section, the assistance authorized by section 2101 of this title shall not be available to any veteran more than once.

(b) A veteran eligible for assistance under section 2101 (b) of this title shall not by reason of such eligibility be denied benefits for which such veteran becomes eligible under section 2101 (a) of this title or benefits relating to home health services under section 1717 (a)(2) of this title. However, no particular type of adaptation, improvement, or structural alteration provided to a veteran under section 1717 (a)(2) of this title may be provided to such veteran under section 2101 (b) of this title.

38 USC 2105 - Nonliability of United States

The Government of the United States shall have no liability in connection with any housing unit, or necessary land therefor, or adaptation acquired under the provisions of this chapter.

38 USC 2106 - Veterans mortgage life insurance

(a) The United States shall automatically insure any eligible veteran age 69 or younger who is or has been granted assistance in securing a suitable housing unit under this chapter against the death of the veteran unless the veteran

(1) submits to the Secretary in writing the veterans election not to be insured under this section, or

(2) fails to respond in a timely manner to a request from the Secretary for information on which the premium for such insurance can be based.

(b) The amount of insurance provided a veteran under this section may not exceed the lesser of $90,000 or the amount of the loan outstanding on the housing unit. The amount of such insurance shall be reduced according to the amortization schedule of the loan and may not at any time exceed the amount of the outstanding loan with interest. If there is no outstanding loan on the housing unit, insurance is not payable under this section. If an eligible veteran elects not to be insured under this section, the veteran may thereafter be insured under this section, but only upon submission of an application, payment of required premiums, and compliance with such health requirements and other terms and conditions as may be prescribed by the Secretary.

(c) The premiums charged a veteran for insurance under this section shall be paid at such time and in such manner as the Secretary prescribes. The rates for such premiums shall be based on such mortality data as the Secretary considers appropriate to cover only the mortality cost of insuring standard lives. In the case of a veteran receiving compensation or other cash benefits paid to the veteran by the Secretary, the Secretary shall deduct from such compensation or other benefits the premiums charged the veteran under this section.

(d)

(1) The United States shall bear the costs of insurance under this section to the extent that such costs exceed premiums established by the Secretary. Premiums collected on insurance under this section shall be credited to the Veterans Insurance and Indemnities appropriation account, and all disbursements of insurance proceeds under this section shall be made from that account.

(2) There are authorized to be appropriated to the Secretary for such account such amounts as may be necessary to carry out this section.

(e) Any amount of insurance in force under this section on the date of the death of an eligible veteran insured under this section shall be paid to the holder of the mortgage loan, for payment of which the insurance was granted, for credit on the loan indebtedness. Any liability of the United States under such insurance shall be satisfied when such payment is made. If the Secretary is the holder of the mortgage loan, the insurance proceeds shall be credited to the loan indebtedness and deposited in the Veterans Housing Benefit Program Fund established by section 3722 of this title.

(f) The Secretary may prescribe such regulations relating to eligibility for insurance under this section, the maximum amount of insurance, the effective date of insurance, the maximum duration of insurance, and other pertinent matters not specifically provided for in this section as the Secretary determines are in the best interest of veterans or the United States.

(g) The amount of the insurance in force at any time shall be the amount necessary to pay the mortgage indebtedness in full, except as otherwise limited by subsection (b) of this section or regulations prescribed by the Secretary under this section.

(h) The Secretary shall issue to each veteran insured under this section a certificate setting forth the benefits to which the veteran is entitled under the insurance.

(i) Insurance under this section shall terminate upon whichever of the following events first occurs:

(1) Satisfaction of the veterans indebtedness under the loan upon which the insurance is based.

(2) Termination of the veterans ownership of the property securing the loan.

(3) Discontinuance of payment of premiums by the veteran.

(j) Termination of life insurance under this section shall not affect the guaranty or insurance of the loan by the Secretary.

38 USC 2107 - Coordination of administration of benefits

The Secretary shall provide for the coordination of the administration of programs to provide specially adapted housing that are administered by the Under Secretary for Health and such programs that are administered by the Under Secretary for Benefits under this chapter, chapter 17, and chapter 31 of this title.