DEPARTMENT OF DEFENSE HOUSING POLICIES

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AIR FORCE HOUSING POLICIES

Air Force Instruction (AFI) 32-6001, Family Housing Management

This regulation gives preference based on familial status, which violates the Fair Housing Act and, therefore, constitutes an unlawful order by Lieutenant General Judith A. Fedder.

  • Paragraph 1.8 states that the "Housing Flight Chief... ensures DoD personnel and their families receive equal housing opportunities regardless of... familial status."  Ironically, the publication goes on to prescribe exactly how to give preference based on familial status.

  • Paragraph 4.3 states "The DoD premise is each family member (dependent, exclusive of spouse), is assigned a bedroom..."  In the vast majority of cases, a "dependent, exclusive of spouse" is a child under the age of 18, which means that this paragraph is speaking to whether or not the member has familial status.  Furthermore, paragraph 4.3.1 states "Determine appropriate bedroom entitlement based on the member’s grade and family composition (Table 4.1, Table 4.2 and Table 4.3). Use the table that provides the most bedrooms..."  These paragraphs give preference to members with familial status, and the more children a member has, the more preference for a bigger house he or she gets.  (And yes... I understand that a bigger family needs a bigger house.  That does not make it legal to give preference based on familial status.)

AFI 32-6005, Unaccompanied Housing Management

This regulation discriminates based on familial status (or to be more precise, the lack thereof), which violates the Fair Housing Act and, therefore, constitutes an unlawful order by Lieutenant General John B. Cooper.  (The vast majority of “unaccompanied” personnel are single members without familial status.)

  • Paragraph 1.4.1.4 requires single Airmen without familial status to live in the dorms for the first three years of their careers.  This prevents them from building home equity, which severely limits their wealth-building opportunity over the course of their career.

  • Paragraph 1.4.1.7 states “Ensure assignment without regard to race, color, religion, national origin, sex, or sexual orientation (except to provide privacy between members or to avoid adjoining room assignment to opposite gender).”  Note that this paragraph includes all of the protected classes listed in the Fair Housing Act except familial status.

  • Paragraph 2.4.2 prevents single Airmen living in the dorms from receiving a housing allowance.  However, paragraph 5.1.4.1 allows a member with familial status to occupy unaccompanied housing (for free) and still be eligible to receive housing allowance at the with-dependent rate.  This remains true even if the member's family is living with relatives or friends at no cost.  In other words, a member with dependents can collect thousands of dollars of housing allowance each month even when he or she incurs ZERO housing expenses.  I actually had a supervisor (Senior Master Sergeant, E-8) who did this.  So yes, it DOES happen.

AFI 32-6007, Privatized Housing Management

This regulation gives preference based on familial status, which violates the Fair Housing Act and, therefore, constitutes an unlawful order by Lieutenant General Judith A. Fedder.

  • Paragraph 1.1.2 states "Air Force officials at all levels must ensure enforcement of equal opportunity in housing to all tenant applicants without regard to... familial status."  Ironically, the publication goes on to prescribe exactly how to both discriminate and give preference based on familial status.

  • Paragraph 4.1 defines the term "target tenant", which includes members with familial status and excludes single members without familial status.  Paragraph 4.6 then gives “first priority” for privatized housing to to "target tenants".  Taken together, these paragraphs give preference to members with familial status.

  • Paragraph 4.3.2 gives Airmen with familial status the option to live off base and start building home equity.

  • Paragraph 4.11.1 states "Air Force policy is for rent for Target Tenants... to equal the amount of the BAH rate received by the military member, less the utility allowance."  Paragraph 4.11.2 states "Key and essential (K&E) personnel who are single or unaccompanied shall pay rent based on the without-dependents BAH rate, rather than the with-dependents BAH rate."  In other words, Target Tenants (such as members with familial status) are required to pay higher rent for the same housing than a member who is single without familial status.  This policy is illegal because it discriminates based on familial status.

ARMY HOUSING POLICIES

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NAVY HOUSING POLICIES

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MARINE CORPS HOUSING POLICIES

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SITE SELECTION

Not only is there discrimination in regards to the type of housing, site-selection is also obviously different.  Family housing is typically much farther from noisy environments such as airfields and train tracks.  Examples of this include Elmendorf AFB, Alaska and Dyess AFB, Texas.  At both installations, dorms are just half a mile from the airfield environment.  Family housing is triple the distance.  Elmendorf has fighter aircraft.  Dyess has B-1 bombers; one of the loudest aircraft in the Air Force inventory.  In the civilian world, neighborhoods that are close to noisy environments are usually low-income housing areas.  So it’s actually appropriate that we put single members in these areas, because members without dependents receive significantly less income.  See the Entitlements page for details.