38 United States Code Section 8161 - Enhanced-Use Lease (EUL)
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Enhanced-Use Lease (EUL)

 

38 United States Code Section 8161

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Background

The EUL authority was originally enacted in 1991, under sections 8161 through 8169 of Title 38 U.S.C. §§8161– however, that authority expired December 31, 2011.  The EUL authority was reinstated in 2012, in modified form via Public Law 112-154, Section 211, through December 31, 2023, and that authority was further modified by the West Los Angeles Leasing Act 2016 (Links to the current authority and the West Los Angeles Leasing Act of 2016 are provided below).  Under this authority, VA may lease land or buildings under the jurisdiction or control of the Secretary to a public or private entity for a term not to exceed 75 years.  The leased property may be developed for only supportive housing, provided such use is consistent with and does not adversely affect the mission of VA.  The proposed leased property must include space that may be used to improve health care services to eligible Veterans.  Benefits to VA from an EUL may include cost savings, cost avoidance, and revenue.  Other benefits may include benefits to the local community, such as an increase in local employment and tax revenues for the local, state and Federal sectors.

§ 8161 Definitions

(1)  The term “enhanced-use lease” means a written lease entered into by the Secretary under this subchapter.

(2)  The term “congressional Veterans’ affairs committees” means the Committees on Veterans’ Affairs of the Senate and the House of Representatives.

(3)  The term “supportive housing” means housing that engages tenants in on-site and community-based support services for Veterans or their families that are at risk of homelessness or are homeless.  Such term may include the following:

(A)  Transitional housing.

(B)  Single-room occupancy.

(C)  Permanent housing.

(D)  Congregate living housing.

(E)  Independent living housing.

(F)  Assisted living housing.

(G)  Other modalities of housing.

References

Credits

(Added Public Law 102-86, Title IV, § 401(a), August 14, 1991, 105 Statute 417; amended Pubic Law 112-154, Title II, § 211(a), August 6, 2012, 126 Statute 1179.)