Military plans release of Tenant Bill of Rights

Military plans release of Tenant Bill of Rights

ARLINGTON, Va. — The civilian and military leaders of the Air Force, Navy and Army attempted March 8 to convince skeptical senators that they are working aggressively – and effectively – to correct poorly maintained military housing that has left some homes coated in mold, infested with rodents and with other problems affecting health and safety.

“Our military families deserve good housing,” Secretary of the Air Force Heather Wilson told the Senate Armed Services Committee. “And when there’s a problem with a house, it should be fixed promptly and competently. Moreover, our Airmen should be comfortable that they can identify problems without any fear of retaliation.”

Wilson was joined by Secretary of the Army Mark T. Esper and Secretary of the Navy Richard V. Spencer as well as the military chiefs of each service – Air Force Chief of Staff Gen. David L. Goldfein, Army Chief of Staff Gen. Mark A. Milley, Marine Commandant Gen. Robert B. Neller and Chief of Naval Operations Adm. John M. Richardson.

Each was alternately contrite and outraged, apologizing for the not attacking the problem sooner but promising swift and decisive action. The responses followed blunt assessments from a number of senators.

James Inhofe, R-Okla. and committee chairman, said reports of substandard housing are “heart wrenching.” Sen. Jack Reed, D-R.I., who is the ranking Democrat on the committee, said the current state of housing on some bases is the result of “systemic failures on the part of contractors and Department of Defense.”

The service secretaries and chiefs each acknowledged the problem.

“In too many cases, it is clear the private housing companies failed to uphold their end of the bargain, a failure that was enabled by the Army’s insufficient oversight,” Esper said. “We are determined to investigate these problems and to hold our housing contractors and chains of command … accountable.”

To underscore their response, leaders of each service described their services’ review of base housing. Wilson told senators that the Air Force completed its review on March 1 and that she personally visited housing at MacDill, Tinker and Shaw Air Force Bases. Goldfein saw housing and met families at Keesler and Maxwell AFBs.

Each found problems and substandard maintenance that “were very consistent with the testimony that you heard from the families that came forward,” Goldfein said. “And I’ll second what the secretary said, that the most concerning to me that I found was the breakdown in trust that we’ve got to rebuild.”

A major part of the corrective effort, the officials told senators, is creation of a tenant bill of rights. An early version of the document has been released. It provides service personnel who live in military housing more authority and stronger tools to alert the chain of command to problems and force action.

Foremost is the ability of renters to withhold payment if problems are properly reported to the private companies that manage the homes but are not addressed or resolved.

“Excitement in the near term based on hearings is interesting, not compelling,” Goldfein told senators. “We are going to have to keep our boot on the throat of the underperforming contractors and our command chain and leadership to make sure we get after this for the long term. And we’re committed to do so.”

How long it will take to enact the tenant bill of rights, however, is unclear. Spencer said it could take 90 days because it requires contacting each company that manages military housing to inform “and educate” them about new expectations and consequences for not complying.

Beyond the bill of rights and stronger commander involvement, the service secretaries and chiefs said they will work to ensure that base housing authorities are sufficiently staffed and trained. Wilson said she as part of her review, at bases where housing is well maintained and satisfaction ratings are high, the housing authority is strong.

“One of the bases that I went to was one that was rated as performing well and when you have a contract housing office where the contractor is performing well, we probably have enough people in that housing office,” Wilson said. “But when performance starts to slide that’s when it becomes overtaxed. So how we put the people back (to) give support to the base commanders where it’s really needed is… going to be the key decision point.”

Wilson, Goldfein and the other leaders also said that commanders must work harder to understand the state of housing on their bases and to respond aggressively and quickly. In addition, each secretary and service chief said there would be “zero tolerance” for retaliation when problems are reported.

“If people feel that if they act there will be retaliation, people will not act,” Wilson said.

When asked by Sen. Tom Cotton, R-Ark., to speak directly to active-duty service personnel who are living in substandard housing, Goldfein said the issue was a “mirror check” moment for him and other commanders.

“We have a moral obligation,” he said. “We are not going to stop until we have the system right and we can take care of all of them.”

The Air Force and other services are also looking at the terms of leases to determine if universal language might be used. They also are examining building codes and how building inspectors from local governments are used to ensure that safe and most up-to-date standards are used.

While the hearing was for the most part cordial, Sen. Elizabeth Warren, D-Mass., focused on the role that commanders play to ensure that rules and standards are enforced. She also said they must be more assertive in rejecting bonus payments to contractors that fail to meet high standards.

A contract can have “perfect language,” she said, but “If leaders don’t enforce the rules, at the end of the day, we’re not going to be delivering for our military personnel.”

Sen. Martha McSally, R-Ariz., agreed. “This is ultimately a commander responsibility.”

McSally should know. A retired Air Force colonel and fighter pilot, McSally said her experience is that the record of commanders is “very patchwork.”

By the end of the 3-hour hearing, senators said they believe the actions and plans of the services are well designed and will make a difference.

But they also warned that their attention will not wane and that each of the services is expected to show real and lasting improvement.

“We will have another oversight hearing with the chairman’s blessing to see where the progress is,” Sen. Thom Tillis, R-N.C., said. “And I’m not talking about next year. I’m talking on fairly short intervals because if you look at this, this is not rocket science. We can fix this. And it starts by doing what every branch has said they’re going to do.”

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