Affordable Housing Platforms of Presidential Candidates

person A.J. Johnson today 08/18/2019

According to the National Low-Income Housing Coalition’s (NLIHC) 2019 Out of Reach report, a full-time worker needs to earn an average hourly wage of $22.96 to afford a modest, two-bedroom rental home in the United States.

This amount is called the "housing wage," and is $15.71 higher than the federal minimum wage of $7.25 per hour and $5.39 higher than the national average hourly wage of $17.57 that is earned by renters. In nine states and the District of Columbia, the two-bedroom housing wage is over $25 an hour.

With this study as a backdrop, it is worth taking a look at the housing proposals of the 2020 presidential candidates.

An Executive Order signed by President Trump in June 2019 establishes the White House Counsel on Eliminating Barriers to Affordable Housing Development and is chaired by HUD Secretary Ben Carson.

The expressed goal of the order is to loosen restrictive zoning and building regulations, increase the supply of housing, and bring down housing costs.

To date, this is the only action from the administration with a direct relation to housing affordability. However, because most regulatory barriers to affordability occur at the local level, the federal government has relatively little leverage in this area.

One thing the executive order does do is lock in affordable housing as a 2020 issue. So, how are the current Democratic candidates for housing approaching the problem? Following is a summary description of the plans that have been made available to this point.

Senator Elizabeth Warren

As she does with many issues, the housing plan released by Senator Warren is very detailed. Warren’s plan, "the American Housing and Economic Mobility Act," includes, among other things:

  • Building, preserving or rehabilitating 3.2 million housing units nationwide for lower- and middle-income people in order to lower rents by 10%. This would be funded by raising the estate tax back to the Bush-era levels;
  • Creating a down-payment assistance program designed to address the black-white homeownership gap by providing assistance to first-time homebuyers who live in formerly red-lined neighborhoods or communities that were segregated by law and are still currently low-income;
  • Expanding fair housing legislation to bar housing discrimination on the basis of sexual orientation, gender identity, marital status, veteran status, or income;
  • Extended the Community Reinvestment Act (CRA) to require non-bank mortgage lenders to invest in minority communities;
  • Providing $2 billion in assistance to mortgage borrowers who are still underwater on their home loans following the financial crisis, meaning they owe more than their homes are worth; and
  • Instituting new requirements for sales of delinquent mortgages.

Senator Cory Booker

Booker’s plan includes:

  • Creation of a tax credit that would aid in capping rental costs at 30% of before-tax income;
  • Implementing zoning reform by requiring cities to eliminate restrictive zoning rules in order to qualify for federal loan and grant programs (it should be noted that Booker is re-thinking this part of his proposal since it will hit lowest income cities the hardest. Wealthy areas that are most likely to use exclusionary zoning are also the least likely to use [or need] federal funds);
  • Funding the construction of new housing units designated for low-income renters by providing $40 billion annually to the Housing Trust Fund;
  • Expanding fair housing laws to prohibit housing discrimination on the basis of sexual orientation, gender identity, or source of income;
  • Expanding access to federal housing assistance programs (this differs 180 degrees from the Administrations current efforts to cut back on the number of people eligible for housing assistance);
  • Creating a fund that would pay for legal counsel for renter’s facing eviction;
  • Increasing the amount of money designated for grants given to communities to administer services for the homeless; and
  • Give $1,000 "baby bonds" to every child at birth, which can grow by up to $2,000 per year depending on the family’s income. This money could then be used to fund the down payment on the purchase of a home.

Senator Kamala Harris

Harris’s plan focuses on increasing the homeownership rates in black communities, and includes:

  • Expanding the range of information used to create credit scores to include data such as rent and utility payments;
  • Setting aside $100 billion for federal grants that would assist with down-payments or closing costs for families who rent or live in historically red-lined communities;
  • Strengthening anti-discrimination laws to prevent discrimination in home sales, rentals, and mortgage lending; and
  • Harris introduced the Rent Relief Act, which would create a refundable tax credit for households making less than $100,000 annually (or $125,000 in high-cost areas) and spend at least 30% of their income on housing costs.

Mayor Pete Buttigieg

Mayor Buttigieg has put forth an extensive proposal, called "The Douglass Plan," to address racial disparities in homeownership and wealth. The plan would create a "21st Century Community Homestead Act" that would be tested in select cities around the country.

Through this program, a public trust would purchase abandoned properties and provide them to eligible residents. These would include people who earn less than the area’s median income or those who live in historically redlined or segregated areas. Residents who participate would be given full ownership over the land and a ten-year forgivable lien to renovate the home so it could be used as a primary residence.

Other proposals by the Mayor include:

  • Funding national investment in affordable housing construction;
  • Reforming land use rules to make it easier to build affordable housing units; and
  • Expanding federal protections for tenants against eviction and unjust harassment.

Senator Bernie Sanders

While Sanders has not put forward a detailed affordable housing plan, he has proposed an "Economic Bill of Rights," which has a housing component. This plan references the fact that some people are paying "40%, 50%, 60% of their limited income in housing," and mentions urban gentrification as an issue that needs to be addressed.

Former Secretary of HUD Julian Castro

As a former HUD secretary who already had an understanding of affordable housing issues, Castro’s plan is detailed and extensive. His proposals include:

  • Expansion of the Housing Choice Voucher program;
  • Creation of a refundable renter’s tax credit for households who spend more than 30% of their income on housing;
  • Allocating an additional $45 billion annually for the national Housing Trust Fund and the Capital Magnet Fund to support affordable housing initiatives;
  • Reforming zoning laws to encourage the construction of affordable housing;
  • Addressing homelessness by expanding funding for grant programs and creating a definition of homelessness at the federal level;
  • Extending fair housing protections to the LGBTQ community and to individuals who were previously incarcerated;
  • Developing an approach to identify where gentrification is occurring and help households avoid being displaced; and
  • Establish zoning policies that take into account climate change.

Senator Amy Klobuchar

Senator Klobuchar has outlined more than 100 actions she plans to take in her first 100 days in office, a number of which involve affordable housing, including:

  • Reversing the Trump administration’s proposed changes to federal housing subsidies;
  • Expanding a pilot program that provides mobility housing vouchers to families with children to help them relocate to higher opportunity neighborhoods;
  • Suspending changes to fair housing policy that are being sought by current HUD Secretary Ben Carson in order to combat housing segregation; and
  • Overhaul housing policy more broadly as part of a national infrastructure plan.

Representative John Delaney

Congressman Delaney has proposed a $125 billion affordable housing plan that would do the following:

  • Increase funding for the Housing Trust Fund to at least $7 billion annually;
  • Create a $5 billion affordable housing grant program that provides funding to states and municipalities that do away with zoning restrictions limiting the construction of affordable multifamily housing (note how this differs from other proposals that would remove federal funding for localities that have exclusionary zoning; this is the "carrot" vs the "stick.")
  • Establish a right to counsel in eviction procedures, accompanied by $500 million in federal funding for low-income renters’ legal representation;
  • Increasing the funding for the Homeless Assistance Grant program and the Department of Veterans Affairs Grant and Per Diem account;
  • Revoke the charters held by secondary-mortgage Fannie Mae and Freddie Mac over five-years and, instead, establish a government guarantee on mortgages through the Government National Mortgage Association (Ginnie Mae); and
  • Require borrowers to put at least 5% down to get a mortgage.

None of the other candidates have put forward extensive affordable housing proposals, although all have mentioned housing as a priority.

In 2018, Senator Michael Bennet introduced legislation to fight evictions by creating a national database to track instances of eviction and giving money to local and state programs that would increase tenants’ legal representation.

Author Marianne Williamson has called for protecting homeowners from predatory lending practices and increasing access to loan modifications for distressed mortgage borrowers.

Entrepreneur Andrew Yang calls for revisiting zoning rules by "taking the needs of renters and those who would be interested in moving into areas into account."

Former Congressman Beto ORourke has stated that he wants to increase funding to the National Housing Trust Fund.

Senator Kirsten Gillibrand has proposed a $50 billion investment each year in the Housing Trust Fund. She also said that she would choose a HUD secretary "who understands the nature of homelessness as well as affordable housing."

While all of the outlined "plans" are really nothing more than part of a campaign platform at this point, the detail of some of them shows that there is a fairly high level of thought being put into the affordable housing crisis the U.S. is facing. As the 2020 presidential campaign heats up, we will certainly hear more on the subject and can look forward to more specifics. One thing is certain - no matter who is elected President in 2020, affordable housing will be of much greater import than in any prior election.

Latest Articles

Understanding Income Determination Methods in the HOME Program Final Regulation

Understanding Income Determination Methods in the HOME Program The new final HOME regulation maintains specific income targeting requirements that necessitate accurate income determination for participating families. This article outlines the various methods and requirements for determining annual income under the HOME program's final regulation, effective February 5, 2025. Federal and State Subsidized Housing Units For HOME-assisted rental units that receive Federal or State project-based rental subsidies, participating jurisdictions must defer to the existing income determination processes: The public housing agency's determination The owner's determination The rental subsidy provider's determination Tenant-Based Rental Assistance When families receive Federal tenant-based rental assistance (such as housing choice vouchers) and apply for or live in HOME-assisted rental units, participating jurisdictions can (but are not required to) accept the rental assistance provider's income determination. Standard Income Determination Methods Participating jurisdictions must follow specific procedures for calculating annual and adjusted income for all other cases. The process includes several key components: Documentation Requirements For tenants in HOME-assisted housing without HOME tenant-based rental assistance, jurisdictions can use any of these methods: Examining at least two months of source documents (wage statements, interest statements, unemployment compensation statements). This method must be used to determine initial income. This method is also required every sixth year of the affordability period if the affordability period is ten years or more. In intervening years, the following methods may be used: Obtaining a written statement from the family regarding income and family size, with a certification of accuracy Securing a written statement from a government program administrator that verifies the family's annual income and size Jurisdictions must examine at least two months of source documentation for homeowners receiving rehabilitation assistance, homebuyers, and recipients of HOME tenant-based rental assistance. Income Definitions Participating jurisdictions must choose one of two definitions when determining income eligibility: Annual income as defined in 5.609(a) and (b). This is the Section 8 definition of income and will be used by most PJs. Adjusted gross income as defined by IRS Form 1040 series Important note: Jurisdictions must maintain consistency by using only one definition per HOME-assisted program or rental housing project. Income Calculation Considerations Family Composition and Income Projection When calculating family income, jurisdictions must: Project the prevailing rate of income at the time of eligibility determination. Include income from all household members except live-in aides and foster children/adults. Exclude income derived from the HOME-assisted project. Allow families to certify net family assets below the threshold for imputing income ($51,600 in 2025). Timing Requirements Income determinations are valid for six months. If more than six months elapse between the initial determination and the provision of HOME assistance, family income must be reexamined. Note how this timeframe differs from most other programs, which limit the age of income verifications to 120 days. Adjusted Income Calculations Participating jurisdictions must calculate adjusted income in three specific scenarios: For families receiving tenant-based rental assistance For tenants living in Low HOME Rent units subject to particular provisions. For over-income tenants requiring rent recalculation Special Considerations Participating jurisdictions are not required to calculate adjusted income independently for units assisted by federal or state project-based rental subsidy programs. Instead, they should accept the determination made by the public housing agency, owner, or rental subsidy provider under that program's rules. This comprehensive framework ensures consistent and accurate income determination across HOME program participants while providing flexibility to accommodate various housing assistance scenarios. Special Requirements for Small-Scale Rental Housing A small-scale rental project is a rental housing project comprising no more than four units. This includes single and scattered projects, as long as the total number of units does not exceed four. The definition is intended to provide flexibility and reduce administrative burdens for smaller rental housing developments while ensuring compliance with HOME program requirements. For small-scale housing, the final rule provides exceptions to the requirement for annual re-examinations of tenant income. Instead of annual re-examinations, tenant income must be re-examined according to the following schedule: Initial income determination must be conducted using source documents or a written statement from a government administrator. Triennial income re-examinations: Tenant income must be re-examined every three years during the affordability period. Sixth-year re-examination: A complete income re-examination using source documents must be conducted every sixth year of the affordability period. Additional re-examinations for projects with longer affordability periods: Year 9: For projects with a period of affordability greater than 5 years. Year 12: For projects with a period of affordability greater than 10 years. Year 15: For projects with a period of affordability of 20 years. Year 18: For projects with a period of affordability of 20 years. These exceptions aim to reduce the administrative burden on participating jurisdictions and owners while ensuring compliance with HOME program requirements.

Navigating the HOME Final Rule- Key Updates on Property Standards and Inspections

The U.S. Department of Housing and Urban Development (HUD) recently updated the HOME Investment Partnerships Program (HOME) Final Rule, emphasizing enhanced property standards and inspection requirements for participating jurisdictions (PJs). These updates aim to improve safety, accessibility, energy efficiency, and disaster resilience across affordable housing projects. New Construction Projects For new construction projects under the HOME program, the following standards are essential: Accessibility Compliance: Projects must comply with the design and construction requirements of 24 CFR part 8, Titles II and III of the Americans with Disabilities Act (ADA), and the Fair Housing Act. Energy Efficiency: Compliance with energy standards such as ASHRAE Standard 90.1-2019 for high-rise multifamily buildings and the 2021 International Energy Conservation Code for single-family and low-rise multifamily buildings is mandatory. Disaster Mitigation: New constructions must incorporate features that mitigate future disaster risks in alignment with state and local codes. Detailed Documentation: Construction contracts and documents must be sufficiently detailed to facilitate inspections. Broadband Infrastructure: Broadband installation is required for projects with more than four rental units unless it poses significant financial or logistical challenges. Detection Systems: Carbon monoxide and smoke detection systems must comply with HUD standards. Rehabilitation Projects Rehabilitation projects are subject to the following requirements: Code Compliance: All projects must meet applicable state and local codes or, in their absence, HUD s minimum property standards. Disaster Preparedness: Measures to mitigate future disaster impacts are mandatory. Inspection Documentation: As with new construction, detailed contracts and documents must support the inspection process. Detection Systems: Carbon monoxide and smoke detection systems are required, with allowances for battery-powered smoke alarms in specific cases. Green Building Standards: If the project's cost exceeds the maximum per-unit subsidy limit, it must meet green building standards. Acquisition of Existing Housing For existing housing acquisitions, specific standards apply: Recent Construction or Rehabilitation: Properties built or rehabilitated within 12 months before commitment must meet the respective standards. Safe and Sanitary Conditions: Homes intended for homeownership must be decent, safe, and sanitary, with inspections conducted no earlier than 90 days before commitment. Timely Compliance: Properties must meet standards at purchase or within six months of acquisition, which can be extended to 12 months if necessary. Combination Projects Combination projects that include rehabilitation and new construction must apply the respective standards to each component. Ongoing Property Condition Standards and Inspections To maintain compliance throughout the affordability period, ongoing requirements include: Code Adherence: Properties must meet state and local codes and HUD standards. Detection Systems: Carbon monoxide and smoke detection systems remain mandatory. Inspection Frequency:Initial and annual inspections for tenant-based rental assistance units.On-site inspections within 12 months of project completion and every three years thereafter. Increased inspection frequency for properties with health and safety deficiencies. Acceptance of Alternative Inspections: Inspections under other HUD programs or HUD-approved standards may be accepted. Inspection Procedures To ensure consistency and thoroughness, inspection procedures must include: Detailed Checklists: Inspection checklists and process descriptions. Training: Training and certification protocols for inspectors. Sampling Standards:At least four units must be inspected for projects with up to 20 HOME-assisted units.For projects with 21-130 units, 20% must be inspected. For larger projects, inspection sampling aligns with the NSPIRE methodology. Small-Scale Housing: Streamlined requirements for projects with 1-4 units to reduce administrative burdens. Conclusion The updated HOME Final Rule provides a robust framework to enhance the quality, safety, and sustainability of affordable housing projects. By adhering to these comprehensive standards and inspection protocols, participating jurisdictions can ensure that housing remains affordable, resilient, and livable for years to come.

A. J. Johnson Partners with Mid-Atlantic AHMA for December Training on Affordable Housing - February 2025

In February 2025, A. J. Johnson will partner with the MidAtlantic Affordable Housing Management Association for four live webinar training sessions for real estate professionals, particularly those in the affordable multifamily housing field. The following sessions will be presented: February 11: Basic LIHTC Compliance - This training is designed primarily for site and investment asset managers responsible for site-related asset management. It is especially beneficial to those managers who are relatively inexperienced in the tax credit program. It covers all aspects of credit related to on-site management, including the applicant interview process, determining resident eligibility (income and student issues), handling recertification, setting rents - including a full review of utility allowance requirements - lease issues, and the importance of maintaining the property. The training includes problems and questions to ensure students fully comprehend the material. February 13: Dealing with Income and Assets in Affordable Multifamily Housing - Course Overview - This live webinar provides concentrated instruction on the required methodology for calculating and verifying income and determining the value of assets and income generated by those assets. The first section of the course involves a comprehensive discussion of employment income, military pay, pensions/social security, self-employment income, and child support. It concludes with workshop problems designed to test what the student has learned during the discussion phase of the training and serve to reinforce HUD-required techniques for determining income. The second component of the training focuses on a detailed discussion of requirements related to determining asset value and income. It applies to all federal housing programs, including the low-income housing tax credit, tax-exempt bonds, Section 8, Section 515, and HOME. Multiple types of assets are covered in terms of what constitutes an asset and how they must be verified. This section also concludes with problems designed to test the student s understanding of the basic requirements relative to assets. February 18: Tenant-on-Tenant Harassment & Sexual Harassment in the Workplace - Dealing with tenant-on-tenant harassment is an evolving area of fair housing law. Landlords are generally familiar with how their actions can be construed as discriminatory. But how should they react when one resident violates another's fair housing rights? Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex in the workplace - including sexual harassment. The law applies to employers with 15 or more employees. In addition to having a written sexual harassment policy, companies should also have an effective complaint procedure. Many businesses in the United States have no policies regarding sexual harassment, and such harassment occurs in the highest levels of corporate management. However, the risk of not having such a policy far outweighs the effort required to implement one. These risks are more significant now than ever before. Victims of sexual harassment may now recover damages (including punitive damages), and the Supreme Court has made it easier to prove injury. This two-hour training is designed to help property owners and managers understand the current legal state of these two issues and establish policies to limit potential liability. The session will include a discussion of the most relevant court cases relating to tenant-on-tenant harassment and cases that outline employer risk regarding harassment in the workplace. Participants will also be provided with recommended policies to limit potential liability. February 20: Virginia Landlord Tenant Act Issues for Multifamily Housing Managers Join us for an essential three-hour webinar that provides a comprehensive overview of the Virginia Residential Landlord Tenant Act (VRLTA), critical knowledge for every multifamily housing professional. This intensive training will equip property managers with the latest legal requirements and best practices for successful property operations in Virginia. Key topics include: Essential lease provisions and prohibited practices Security deposit requirements and handling Maintenance obligations and responsibilities Proper notice requirements and tenant communications Rights of entry and property access Handling lease violations and evictions Required disclosures and documentation Tenant rights and remedies Managing emergencies and property damage Recent updates to landlord-tenant law Led by A. J. Johnson, this webinar offers practical insights and actionable guidance to help you: Minimize legal risk and avoid costly mistakes Improve operational compliance Protect your property's interests Maintain positive tenant relationships Navigate challenging situations confidently Perfect for property managers, leasing professionals, maintenance supervisors, and other multifamily housing staff. Participants will receive comprehensive materials and be able to ask questions about real-world scenarios. This opportunity will strengthen your understanding of Virginia landlord-tenant law and enhance your property management expertise. These sessions are part of the year-long collaboration between A. J. Johnson and MidAtlantic AHMA and are designed to provide affordable housing professionals with the knowledge needed to effectively manage the complex requirements of the various agencies overseeing these programs. Persons interested in any (or all) training sessions may register by visiting either www.ajjcs.net or https://www.mid-atlanticahma.org.

HUD Strengthens Tenant Protections in New HOME Rule

The U.S. Department of Housing and Urban Development (HUD) has published the Final Rule for the HOME Investment Partnerships Program, which will take effect on February 5, 2025. The new rule significantly enhances tenant protections and lease requirements, establishing a robust framework for tenant rights and landlord responsibilities. Enhanced Lease Requirements The Final Rule mandates that property owners provide written leases with a minimum one-year term, though shorter periods are permissible if mutually agreed upon. These leases must incorporate a HOME tenancy addendum and include multiple communication methods for tenant-owner interaction. The participating jurisdiction's contact information must also be clearly stated in the lease agreement. Physical Condition Standards Property owners face stricter property maintenance and repair requirements under the new rule. They must: Maintain units and projects in compliance with property standards and local codes Provide written timeframes for maintenance and repairs Refrain from charging tenants for normal wear and tear Relocate tenants to suitable housing if life-threatening deficiencies cannot be immediately addressed Tenant Rights and Protections The rule significantly expands tenant rights, including: Use and Occupancy Rights Exclusive use and occupancy of their units Reasonable access to common areas Right to organize tenant associations Protection against unreasonable entry, requiring advance notice except in emergencies Legal and Administrative Protections Right to independent legal representation Access to jury trials and appeals Protection against unauthorized seizure of personal property Safeguards against retaliation for exercising tenant rights Confidentiality of personal information Notice Requirements The rule strengthens notification requirements, mandating that owners: Provide written notice before any adverse actions Notify tenants of ownership or management changes Give at least 30 days' notice before property sales or foreclosures Issue written notices specifying grounds for adverse actions Security Deposits and Termination Security Deposit Regulations Deposits cannot exceed two months' rent Must be fully refundable Owners must itemize any charges against the deposit Unused portions must be promptly refunded Termination Procedures Termination is permitted only for serious lease violations, legal infractions, or good cause. Minimum 30-day notice required for termination Exception for immediate threats to safety or property Non-Discrimination and Equal Opportunity The Final Rule reinforces compliance requirements with all applicable non-discrimination and equal opportunity regulations, ensuring fair treatment of all tenants regardless of protected characteristics. Compliance Timeline Property owners and participating jurisdictions must implement these enhanced protections by February 5, 2025, when the Final Rule takes effect. This timeline ensures adequate preparation for the new requirements while maintaining continuous tenant protections during the transition period.

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