U.S. Code > Title 38 Veterans' Benefits > PART II—GENERAL BENEFITS (§§ 1101—2413) > CHAPTER 21—SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS (§§ 2101—2107) > § 2102. Limitations on assistance furnished

§ 2102. Limitations on assistance furnished

(a) The assistance authorized by section 2101 (a) of this title shall be afforded under one of the following plans, at the option of the individual—
(1) where the individual elects to construct a housing unit on land to be acquired by such individual, the Secretary shall pay not to exceed 50 percent of the total cost to the individual of
(A) the housing unit and
(B) the necessary land upon which it is to be situated;
(2) where the individual elects to construct a housing unit on land acquired by such individual 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 individual of the housing unit and the land necessary for such housing unit, or
(B) 50 percent of the cost to the individual of the housing unit plus the full amount of the unpaid balance, if any, of the cost to the individual of the land necessary for such housing unit;
(3) where the individual elects to remodel a dwelling which is not adapted to the requirements of such individual’s disability, acquired by such individual prior to application for assistance under this chapter, the Secretary shall pay not to exceed
(A) the cost to the individual of such remodeling; or
(B) 50 percent of the cost to the individual of such remodeling; plus the smaller of the following sums:
(i) 50 percent of the cost to the individual 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 individual of such dwelling and the necessary land upon which it is situated; and
(4) where the individual 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 individual 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 individual 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 an individual 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) $12,000.
(c) The amount of assistance afforded under subsection (a) for an individual 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 individual, is also vested in any other person, if the individual resides in the housing unit.
(d)
(1) The aggregate amount of assistance available to an individual under sections 2101 (a) and 2102A of this title shall be limited to $60,000.
(2) The aggregate amount of assistance available to an individual under sections 2101 (b) and 2102A of this title shall be limited to $12,000.
(3) No veteran may receive more than three grants of assistance under this chapter.
(e)
(1) Effective on October 1 of each year (beginning in 2009), the Secretary shall increase the amounts described in subsection (b)(2) and paragraphs (1) and (2) of subsection (d) in accordance with this subsection.
(2) The increase in amounts under paragraph (1) to take effect on October 1 of a year shall be by an amount of such amounts equal to the percentage by which—
(A) the residential home cost-of-construction index for the preceding calendar year, exceeds
(B) the residential home cost-of-construction index for the year preceding the year described in subparagraph (A).
(3) The Secretary shall establish a residential home cost-of-construction index for the purposes of this subsection. The index shall reflect a uniform, national average change in the cost of residential home construction, determined on a calendar year basis. The Secretary may use an index developed in the private sector that the Secretary determines is appropriate for purposes of this subsection.