‘Bill of rights’ guarantees military tenants new protections. What this means for Beaufort
Residents of military housing across the country will soon receive additional power in their dealings with landlords under the U.S Department of Defense’s tenant bill of rights, as four provisions that have been held up over the last year are slated to take effect June 1.
Part of the 2020 fiscal year’s National Defense Authorization Act, the tenant bill of rights took effect last May as a reform to address military housing’s issues with mold, rodents, lead-based paint and other health and safety hazards. Fifteen provisions were passed immediately, including the right to be moved into alternative housing during repairs, the right of access to military legal assistance during dispute resolution; and the right to receive notice before a landlord enters one’s apartment.
In a statement Wednesday, the Marine Corps Installation Command (MCICOM) said its housing task force is working to implement a provision that passed last year — standardized lease documents across bases — by June 1. The implementation has taken a year because landlord-tenant laws vary from state to state, and therefore adjustments need to be made to the leases.
The other three, which provide military families more sway in their dealings with landlords, have been held up due to negotiations with the private companies that control most military housing, Military.com reported.
These provisions promise tenants a process for solving disputes with landlords; the ability to withhold rent during a dispute resolution; and access to seven years of maintenance history of their unit.
In Beaufort, where the military represents a significant portion of both the population and the economy, and where military and civilian housing complexes alike have in recent years come under fire for poor living conditions, the guarantees could shift some neighborhoods’ power dynamics.
Lendlease’s Atlantic Marine Corps Communities operates housing for military personnel at Parris Island, Marine Corps Air Station Beaufort and Beaufort Naval Hospital. According to their website, they account for 1,454 homes in 10 neighborhoods across Beaufort County, the largest and most well known being Laurel Bay, near the air station. It has 1,140 homes, of which 81.4% are occupied, according to MCAS spokesperson Lt. Kevin Buss.
Laurel Bay came under fire several years ago after several military families reported that environmental contamination was making them sick. A 2017 Island Packet and Beaufort Gazette investigation found that homes and other buildings were contaminated by mold, lead-based paint and a pesticide banned in 1995. Four in 10 Laurel Bay addresses that were tested had higher-than-recommended levels of carcinogenic oil compounds in initial soil samples.
A Marine Corps pediatric cancer study published in 2017 determined there was insufficient evidence that environmental exposure was associated with the kinds of cancer found among residents’ children. A Corps study of soil and groundwater found no likely “exposure pathway” from the carcinogens to Laurel Bay residents.
Some medical experts cast doubt on the study, and it provided little comfort to those with sick kids.
Lendlease corporate communications manager Stefanie Murphy said in an email that the study “confirmed there is no linkage between the historical conditions and these illnesses,” citing the Island Packet’s reporting.
In an email, Lendlease marketing manager Staci Burton said the real estate company was one of the first to agree to every provision of the tenant bill of rights and is proceeding to implement the remaining rights. Lendlease has already implemented the provision that requires them to supply seven-year maintenance history to prospective tenants, according to MCICOM.
Trey Savitz, a spokesperson at Naval Hospital Beaufort, said the installation had 53 single-family homes and duplexes run by AMCC. Military leaders, he said, do not have much control over housing.
“I don’t know if that’s different in other locations that commanding officers would have a lot more input or coverage, but I think years ago, once they sort of split off … I think that’s why they’ve put this bill of rights together,” Savitz said. “I don’t think there was a ton of overlap.”
Over the past five months, Holly Dray, who resides with her husband and daughter on Shaw Air Force Base outside Sumter, has been involved with the Military Housing Advocates Network to raise awareness of issues military tenants face, including toxic mold and accessibility barriers.
MHAN has advocated for greater protections under the tenants’ rights bill — protections that could help tenants like Dray, who said she faced mold and leaking problems at Shaw for nearly a year.
“You should be able to know what has been fixed in a home … what has been worked on, issues that it has had and also basically [be] able to speak to someone that’s actually going to tell you the truth,” Dray said.
“We’ve lived on-base, we’ve lived off-base,” she said. “Anytime we had the slightest issue off-base, landlords were on it. … Whether you’re living on base or not, you should be treated as a human being equally.”
The full text of the tenant bill of rights can be found at https://www.congress.gov/bill/116th-congress/senate-bill/1790/text.
