§ 2102. — Limitations on assistance furnished.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC2102]
TITLE 38--VETERANS' BENEFITS
PART II--GENERAL BENEFITS
CHAPTER 21--SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS
Sec. 2102. Limitations on assistance furnished
(a) The assistance authorized by section 2101(a) of this title shall
be limited in the case of any veteran to one housing unit, and necessary
land therefor, and shall be afforded under one of the following plans,
at the option of the veteran but shall not exceed $48,000 in any one
case--
(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 veteran's 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) $9,250.
(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.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1168, Sec. 802; Pub. L. 91-22,
Sec. 2, June 6, 1969, 83 Stat. 32; Pub. L. 91-506, Sec. 6, Oct. 23,
1970, 84 Stat. 1113; Pub. L. 92-341, July 10, 1972, 86 Stat. 432; Pub.
L. 93-569, Sec. 9, Dec. 31, 1974, 88 Stat. 1867; Pub. L. 95-476, title
I, Sec. 101, Oct. 18, 1978, 92 Stat. 1497; Pub. L. 96-385, title III,
Sec. 301(b), Oct. 7, 1980, 94 Stat. 1531; Pub. L. 97-66, title V,
Sec. 502, Oct. 17, 1981, 95 Stat. 1032; Pub. L. 97-295, Sec. 4(33), Oct.
12, 1982, 96 Stat. 1307; Pub. L. 98-543, title III, Sec. 304(a), Oct.
24, 1984, 98 Stat. 2748; Pub. L. 99-576, title IV, Sec. 401(b), Oct. 28,
1986, 100 Stat. 3280; Pub. L. 100-322, title III, Sec. 301, May 20,
1988, 102 Stat. 534; renumbered Sec. 2102 and amended Pub. L. 102-83,
Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406;
Pub. L. 105-178, title VIII, Sec. 8204(a), June 9, 1998, 112 Stat. 494;
Pub. L. 106-419, title III, Sec. 321, Nov. 1, 2000, 114 Stat. 1855; Pub.
L. 107-103, title IV, Sec. 404, Dec. 27, 2001, 115 Stat. 993.)
Prior Provisions
Prior section 2102, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1223,
related to determination of amount of mustering-out payments, prior to
repeal by Pub. L. 89-50, Sec. 1(a), June 24, 1965, 79 Stat. 173,
effective July 1, 1966.
Amendments
2001--Subsec. (a). Pub. L. 107-103, Sec. 404(1), substituted
``$48,000'' for ``$43,000'' in introductory provisions.
Subsec. (b)(2). Pub. L. 107-103, Sec. 404(2), substituted ``$9,250''
for ``$8,250''.
2000--Subsec. (c). Pub. L. 106-419 added subsec. (c).
1998--Subsec. (a). Pub. L. 105-178, Sec. 8204(a)(1), substituted
``$43,000'' for ``$38,000'' in introductory provisions.
Subsec. (b)(2). Pub. L. 105-178, Sec. 8204(a)(2), substituted
``$8,250'' for ``$6,500''.
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 802 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``2101(a)''
for ``801(a)'' in introductory provisions.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for
``Administrator'' wherever appearing.
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``2104(b)''
for ``804(b)'' and substituted ``2101(b)'' for ``801(b)'' in two places.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for
``Administrator'' in par. (1).
1988--Subsec. (a). Pub. L. 100-322, Sec. 301(1), substituted
``$38,000'' for ``$35,500''.
Subsec. (b)(2). Pub. L. 100-322, Sec. 301(2), substituted ``$6,500''
for ``$6,000''.
1986--Subsec. (b)(1). Pub. L. 99-576 substituted ``cost, or, in the
case of a veteran acquiring a residence already adapted with special
features, the fair market value,'' for ``cost''.
1984--Subsec. (a). Pub. L. 98-543, Sec. 304(a)(1), substituted
``$35,500'' for ``$32,500'' in provisions before par. (1).
Subsec. (b)(2). Pub. L. 98-543, Sec. 304(a)(2), substituted
``$6,000'' for ``$5,000''.
1982--Subsec. (a). Pub. L. 97-295 substituted ``percent'' for ``per
centum'' wherever appearing.
1981--Subsec. (a). Pub. L. 97-66, Sec. 502(1), substituted
``$32,500'' for ``$30,000'' in provisions preceding par. (1), ``such
veteran'' for ``him'' in pars. (1), (2), and (3), and ``such veteran's''
for ``his'' in par. (3).
Subsec. (b). Pub. L. 97-66, Sec. 502(2), substituted ``section
804(b)'' for ``section 804(b)(2)''.
1980--Subsec. (a). Pub. L. 96-385, Sec. 301(b)(1), (2), designated
existing provisions as subsec. (a) and substituted ``section 801(a)''
for ``section 801''.
Subsec. (b). Pub. L. 96-385, Sec. 301(b)(3), added subsec. (b).
1978--Pub. L. 95-476 substituted ``$30,000'' for ``$25,000''.
1974--Pub. L. 93-569 substituted ``$25,000'' for ``$17,500''.
1972--Pub. L. 92-341 substituted ``$17,500'' for ``$12,500''.
1970--Par. (3). Pub. L. 91-506 inserted provision authorizing
Administrator in the case of assistance to disabled veterans for
specially adapted housing, where the veteran elects to remodel a
dwelling not adapted to his disability, to pay the cost of remodeling as
an alternative to the present provisions still set out in this par.
which authorize the Administrator to pay the total of 50 percent of the
remodeling cost plus 50 percent of the dwelling's cost or the full
amount of the unpaid balance of the cost of such dwelling, whichever sum
is smaller.
1969--Pub. L. 91-22 substituted ``$12,500'' for ``$10,000''.
Effective Date of 1998 Amendment
Pub. L. 105-178, title VIII, Sec. 8204(b), June 9, 1998, 112 Stat.
494, provided that: ``The amendments made by subsection (a) [amending
this section] shall apply with respect to limitations under section 2102
of such title on assistance furnished to a veteran under section 2101 of
such title on or after October 1, 1998.''
Effective Date of 1988 Amendment
Section 304 of Pub. L. 100-322 provided that: ``The amendments made
by sections 301, 302, and 303 [amending this section and sections 907
and 1902 [now 2307 and 3902] of this title] shall take effect on April
1, 1988.''
Effective Date of 1984 Amendment
Section 304(b) of Pub. L. 98-543 provided that: ``The amendments
made by subsection (a) [amending this section] shall take effect on
January 1, 1985.''
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-66 effective Oct. 17, 1981, see section
701(b)(1) of Pub. L. 97-66, set out as a note under section 1114 of this
title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-385 effective Oct. 1, 1980, see section
601(b) of Pub. L. 96-385, set out as a note under section 1114 of this
title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-476 effective Oct. 1, 1978, see section
108(a) of Pub. L. 95-476, set out as a note under section 3702 of this
title.
Effective Date of 1974 Amendment
Amendment by Pub. L. 93-569 effective Dec. 31, 1974, see section 10
of Pub. L. 93-569, set out as a note under section 3702 of this title.
