WASHINGTON, D.C — The U.S. Department of Defense (DoD) said it would not stop private housing companies from asking military families to sign non-disclosure agreements in settlements over housing problems.
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Some private housing companies use NDAs to run homes on-base when military families are looking to enter settlement agreements to get compensation after facing housing problems like mold, bug infestations, and structural issues.
Sen. Elizabeth Warren (D-MA) led a letter sent to the DoD in December demanding answers about using NDAs in military housing settlements.
“Given these concerns, we ask that you put an immediate end to any and all NDA provisions that military housing providers have put in place,” Warren’s letter said.
Our Washington News Bureau spoke with a senior DoD official who said the Department would keep that same.
He pointed out NDAs are currently allowed in military housing settlements under the law and said the Department would continue to review proposed NDAs for consistency with the law.
“Just as Congress did not take away that opportunity for a settlement, we’re not looking to take away that opportunity,” said the senior DoD official about the use of NDAs. “We’re more focused on trying to address any underlying conditions that might be the result of some condition in the home and helping clarify for the residents their options.”
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The senior DoD official added that NDAs are common in the private sector and said they could benefit both parties by protecting the privacy of the tenant and the housing company.
“Non-disclosures are beneficial to both sides, not just one,” said the senior DoD official. “There is a purpose and a use for non-disclosures. There is a rationale for them depending on the terms of the settlement itself and what’s involved in what’s happened.”
“I think it’s sickening that the DoD is OK with families signing an agreement to that degree for any reason,” said Breanna Bragg, a military spouse.
Bragg’s family refused to sign an NDA that would have prohibited them from even talking negatively about military housing after her family was displaced over mold at their previous home at Fort Belvoir in Virginia.
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NDA said the parties cannot “make negative statements related to or concerning Fort Belvoir housing or military housing in general, to the public (including but not limited to current, future, or former residents at Fort Belvoir), the press, on social media, or with any other media outlet.”
“There’s nothing beneficial about a family who was in crisis signing an agreement or a document, a legal document saying they can’t mention military housing in a negative way,” Bragg said.
The DoD reiterated that the Department is not a party to the settlement agreements and said it’s between the tenant and the housing company.
“It is not the Department’s role, nor would it be appropriate, for DoD to provide an opinion regarding the terms of a proposed settlement agreement between an MHPI company and a Tenant, beyond reviewing any proposed NDA for consistency with section 2890(f) of title 10, United States Code,” the DoD said.
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Military families have said they feel the NDAs unfairly silence them.
“They see the pot boiling, and they’re like no, no, no we’re going to put a lid on it because we don’t want anyone to know how bad it is,” said Stephanie Graham, a military spouse who previously lived in privatized military housing. “If they keep putting a lid on it and silencing families, then they keep getting their paycheck.”
The DoD’s response to Sen. Warren’s letter indicated nearly 100 proposed settlements with tenants and military housing companies since FY 2019, and the majority included confidentiality clauses.
The senior DoD official said some settlements might include cases where the tenant wants confidentiality about the terms.
“The thing that concerns me is the assumption that all the settlement agreements are because there’s something wrong with the home,” said the senior DoD official.
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He added that some settlements could include instances where the tenant may have accidentally been at fault or a weather event could have caused a problem at home.
“There are reasons why settlements are very beneficial to both sides and so we hate to have Congress or DoD take away that opportunity,” said the senior DoD official.
The DoD said it “takes all resident complaints seriously” and expects the housing companies to provide “quality housing and a positive living experience.”
“I would take issue [with saying] that this is a widespread systemic issue across the portfolio,” said the senior DoD official. “I will acknowledge there are complaints that come up here and there, and maybe it’s some locations more than others.”
That’s despite multiple inquiries in Congress over at least the last five years about ongoing military housing problems.
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The Senate Armed Services Committee held a hearing in February 2019 about reported unsafe living conditions on military bases. There have been several other hearings related to the topic since then.
Last year, a bipartisan Senate investigation uncovered mistreatment of military families at bases in Georgia and Texas.
Last month, Sen. Jon Ossoff (D-GA) led a bipartisan letter sent to the DoD demanding answers about the potential link between health problems for military families and these housing problems.
And just this week, Sen. Ossoff went to Fort Gordon to oversee home inspections after the investigation he led in the Senate revealed unsafe living conditions for military families.
“Complaints that military families have been raising for years,” said Ossoff at Fort Gordon. “Widespread mistreatment of families living in privatized housing on post.”
The DoD has not yet responded to Sen. Ossoff’s letter about the health impact on military families.
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