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

Title 38, U.S.C. Section 8161-8169, Enhanced-Use Leases (EULs) of Real Property, authorizes VA to lease real property under VA’s control or jurisdiction to other public and private entities on a long-term basis (up to 75 years for most properties). This authority only provides for supportive housing EULs, in return for cash at fair value if receiving consideration. VA’ previous EUL authority, which expired on December 31, 2011, allowed VA to enter into EULs for receipt of rental income or in-kind consideration, such as facilities, space, services or other forms of consideration, intended to further VA’s mission to effectively serve Veterans. When Congress reauthorized VA’s EUL authority on August 6, 2012, (effective January 1, 2012) under P.L. 112-154, Section 211, Congress limited VA EULs to supportive housing. The authority is set to expire on December 31, 2023. This authority was further modified by the West Los Angeles Leasing Act of 2016 (P.L. 114-226) on September 29, 2016. Under the West Los Angeles Leasing Act of 2016, VA may enter into an EUL specifically limited to the West Los Angeles property for up to 75 years and also collect cash consideration. The West Los Angeles Campus Improvement Act subsequently amended this to allow for EULs up to 99 years specifically for the West Los Angeles property.

§ 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.