Housing & the 2020 Presidential Election

person A.J. Johnson today 07/28/2019

            Earlier this year, three Democratic presidential candidates - Senators Cory Booker, Kamala Harris, and Elizabeth Warren - released plans for solving the affordable housing crisis. Two more 2020 hopefuls, former HUD Secretary Julian Castro and Any Klobuchar have more recently released affordable housing plans. I have been involved in affordable housing at the national level since 1977 and have never since this much attention to the issue during a presidential campaign.

            While virtually everyone agrees that housing costs - especially rents - are too high, there is no clear fix to the problem. In fact, in a time of hyper-partisanship, there is not even a clear partisan divide on the affordability crisis. While the Democratic hopefuls are staking out their territories on affordable housing, the Trump administration is in the process of developing its own plan, and sources familiar with the work say that it will be similar to the plan espoused by pro-growth progressives.

            Lately, cities across the country have zeroed in on local land-use regulations as an answer to the affordable housing crisis. By lifting restrictive zoning codes, a strategy known as "upzoning," some cities and states hope to increase the supply of housing and encourage growth in racially segregated areas dense in amenities such as parks and quality schools. Minneapolis, MN is trying this approach and made news in December 2018 by eliminating single-family zoning.

            No matter how hard they try, cities and states cannot solve the affordable housing crisis on their own. This is - and should be - the job of the federal government. With the Fair Housing Act of 1968, Congress set a policy that requires communities that receive federal housing funds to actively seek to end segregation - also known as "affirmatively furthering fair housing." Communities could do so by building affordable multifamily housing in wealthier areas (something strongly resisted in the wealthier areas). In the 50 years since, that policy has rarely been enforced. In fact, the Trump administration delayed a formal rule on the Affirmatively Furthering Fair Housing policy in 2018.

            Zoning has been left to state and local governments, and until the recent trend in upzoning, those governing bodies have been content to let neighborhoods control the process. As a result, zoning rules are typically written by affluent white men who own homes, and for the benefit of wealthy white neighborhoods.

            Zoning is the primary target for the Democratic presidential candidates who have released housing plans so far. Booker, Harris, and Warren have taken different approaches, using a combination of incentives and penalties, to encourage communities to increase their permitted development density. Their strategies are still evolving.

            Booker favors the stick over the carrot. Previously, the Senator called for using federal Community Development Block Grants (CDBG) to persuade local governments to unlock exclusionary zoning codes. This would punish cities that use zoning to favor incumbent homeowners by denying them federal funds.

            The problem with this approach is that CDBG dollars go to large cities and poor cities - not the suburbs that make the most use of exclusionary zoning. Congress cannot take federal dollars away from wealthy areas that do not receive those dollars in the first place.

            But Booker’s latest proposal uses a different strategy. His Housing, Opportunity, Mobility & Equity Act would link about $16 billion in various federal funds to local zoning restrictions - including Department of Transportation funding - and targets a much larger pool of money.

            While CDBG funding is still in the mix, under Booker’s proposal, communities that do not move forward to create more affordable housing would risk losing money for roads. This gets the attention of even the wealthiest communities, since they all love the federal transportation dollars.

            Both Booker and Harris are also promoting a tax credit for renters, which would be paid out monthly. Booker and Warren support features that address historical racial inequities: Booker wants to use "baby bonds" to bridge the racial wealth gap; Warren has designed a down-payment assistance program for historically redlined areas (i.e., those areas that have lagged behind the market in terms of development).

            So, why are the politicians now paying attention to affordable housing? Housing affordability has been a problem for poor people for decades. The key is that there are now enough middle-income voters affected by housing affordability in these large costly metro areas that politicians are starting to take notice.

            To be successful, housing policy cannot be an "a la carte" menu. There must be a comprehensive, holistic approach that, with federal support, could lead to real movement in terms of affordable housing.

            Many of the current candidates (at least on the Democratic side) are committed to expanding the Low-Income Housing Tax Credit (LIHTC) program, increasing rental housing vouchers, and lifting exclusionary zoning codes. All the senators that have heretofore released housing plans have those goals as primary elements of their proposals.

            Low-income housing advocacy groups are pushing proposals that are unlikely to gain any mainstream traction, such as:

  • Radical expansion of public housing;
  • Rent stabilization; and
  • Federal subsidization of model programs of collective homeownership

            In mid-July, Julian Castro rolled out his People First Housing program, a three-part plan to address rental affordability, housing discrimination, and homeownership. His plan would turn the Housing Choice Voucher program into a fully funded federal entitlement for very low-income households, ending waitlists for Housing Choice Vouchers by granting automatic aid to families who qualify. Castro also calls for the creation of a Presidential Committee on Zoning Reform, which would tap experts from HUD, as well as the Departments of Transportation, Justice, and the EPA.

            Another reason for the new found interest in affordable housing is that it keeps coming up at forums and town hall meetings. When the voters speak, candidates tend to listen.

            Clearly, the Democrats are calling for a lot of new spending on housing. But even if one of these plans comes to pass, housing will remain primarily the province of state and local government. It is subject to bitter local debates about how best to balance the needs of older, wealthier, white homeowners and those of younger, less affluent renters who are more likely to be black and brown.

            Based on current reporting, the Trump administration is working on its own housing plan, a joint project between HUD and the Domestic Policy Council, the primary domestic policy forum for the White House. The scant information that has been released so far indicates that the plan will promote zoning deregulation and will not focus on addressing housing affordability specifically.

            Last August, HUD Secretary Ben Carson told The Wall Street Journal that his department was looking to tie HUD grants to less restrictive zoning. While this is a common theme among housing advocates, using the power of the HUD purse to push local governments to adopt less-restrictive zoning policies runs into a significant problem - few of the most exclusive communities receive enough in housing grants for withholding these funds to affect their decision-making. A more aggressive approach, such as that proposed by Senator Booker in the withholding of road and transportation funds so cherished by exclusive communities, unless they choose to be less exclusive - could tilt the potential for success in the direction of housing advocates.

            However, if such a step is taken, all hell will break lose. There are already raging housing debates across the country with exclusive enclaves pushing back against progressive pro-growth zoning policies. Withholding federal transportation funds as a condition of zoning is sure to meet with concerted resistance in these communities.

            Advocates for density, affordability, and solutions for homelessness hope that the 2020 election is an opportunity to elevate the profile of housing as a political issue. Democratic candidates are showing that they think housing is a key 2020 issue.

            As the campaign season wears on, I will be examining the housing plans of each of the candidates and will do my best to keep my readers informed of what is being proposed. One thing is certain, in 2020 - regardless of who is elected - affordable housing is likely to take its place as one of the nation’s most significant issues; it is an issue those of us in the industry need to pay close attention to.

Latest Articles

Impact of Trump Administration's Regulatory Restructuring on HUD and IRS

The Trump administration's recent executive order on federal regulations, "Ensuring Lawful Governance and Implementing the President's 'Department of Government Efficiency' Deregulatory Initiative," signals significant changes for federal agencies. The order has particularly notable implications for the Department of Housing and Urban Development (HUD) and the Internal Revenue Service (IRS). The New Regulatory Framework On February 19, 2025, President Trump signed this executive order as part of a broader deregulatory agenda aimed at reducing what the administration views as bureaucratic overreach. The directive mandates that federal agencies conduct a comprehensive 60-day review of their regulatory frameworks to ensure alignment with both legal requirements and administration policies. The order targets explicitly regulations considered: Unconstitutional Based on improper delegations of legislative power Imposing excessive costs without clear public benefits Harmful to national interests Hindering development across various sectors This order is part of a series of regulatory rollbacks, including directives like "Ensuring Accountability for All Agencies" and "Unleashing Prosperity Through Deregulation," which expand upon the administration's previous deregulatory efforts. Specific Impacts on the IRS The IRS faces several significant challenges under this new directive: Continued Hiring Freeze: The executive order maintains an existing hiring freeze at the IRS, which will remain in effect until the Treasury Secretary, in consultation with the Office of Management and Budget (OMB) Director, determines that lifting it serves the national interest. Increased White House Oversight: IRS regulations will once again be subject to White House review through the Office of Information and Regulatory Affairs (OIRA), reinstating a policy from Trump's first term that adds another layer of scrutiny to IRS rulemaking. "10-for-1" Deregulation Mandate: The IRS must eliminate ten existing guidance documents for every new rule or guidance it issues, significantly constraining its ability to update tax regulations and provide new guidance. These measures could substantially impact the IRS's capacity to uphold compliance and maintain operational efficiency, potentially affecting tax administration and enforcement nationwide. Implications for HUD For the Department of Housing and Urban Development, the executive order brings equally significant changes: Comprehensive Program Review: The order requires a review of hundreds of HUD programs, potentially leading to significant restructuring or budget cuts. Grant Funding Uncertainty: Although a federal court temporarily blocked a separate memo seeking to freeze federal grants, the administration's intent to reassess HUD funding remains evident. "10-for-1" Rule Application: Like the IRS, HUD must adhere to the requirement of eliminating ten existing regulations for every new one proposed, which could significantly impact housing policy implementation and program management. These changes may affect HUD's ability to administer housing assistance programs, enforce fair housing regulations, and support community development initiatives. Legal and Procedural Challenges The administration's deregulatory push faces potential legal obstacles: Agencies seeking to rescind or modify rules must generally follow a new rulemaking process, including issuing a Notice of Proposed Rulemaking, collecting public comments, and finalizing the new rule. Failure to adhere to these procedural requirements could expose regulatory rollbacks to legal challenges under the Administrative Procedure Act (APA). The APA requires agencies to engage in reasoned decision-making when modifying or rescinding regulations, and courts may overturn agency decisions if this standard is not met. Outlook As the 60-day review period progresses, the IRS and HUD must navigate competing demands: implementing the administration's deregulatory agenda while maintaining their core functions and avoiding legal challenges. The outcome will likely reshape how these agencies operate and could have lasting implications for the United States s tax administration and housing policy. The full impact of these changes will become more evident as agencies determine which regulations to target and how to implement the administration's directives while fulfilling their statutory obligations.

Understanding the HOTMA Educational Assistance Rules

Under the Housing Opportunity Through Modernization Act (HOTMA), specific rules govern how educational assistance is treated as income for Section 8 residents. HOTMA Educational Assistance Rule Overview HOTMA clarified and simplified the treatment of educational assistance in determining a household s income for many affordable housing programs, including most HUD programs, Rural Development Section 515, and the LIHTC program. Under the HOTMA rule: Exclusion of Educational Assistance:Most forms of educational assistance, including scholarships, grants, and work-study income, are excluded from the calculation of annual income. This exclusion applies to both the student and other household members. Limited Exceptions:The only types of educational assistance that may be counted as income are: Amounts exceeding the actual tuition cost, fees, books, and other required educational expenses. Payments for living expenses (e.g., housing, food, and transportation) that are included in the educational assistance package. Student Status and Eligibility: The rule applies to both dependent students and independent students. The educational assistance exclusion is broader for students under Section 8 over 23 with dependent children and generally includes all aid except for amounts used for living expenses. HOTMA s goal in modifying these rules was to reduce administrative complexity and ensure that educational aid meant to support academic success does not create a financial penalty for low-income families participating in HUD programs. Amounts Received Under Section 479B of the Higher Education Act (HEA) of 1965 Educational assistance received under the Higher Education Act is almost always excluded from income even if it exceeds the cost of actual educational expenses. The one exception is for Section 8 residents, where the full amount of educational assistance in excess of actual expenses is included in income. The one exception to this is for Section 8 residents over age 23 with dependent children. HEA assistance is always excluded for this category of resident, as it is for residents in all other affordable housing programs subject to HOTMA. Section 479B provides that certain types of student financial assistance are excluded in determining eligibility for benefits made available through federal, state, or local programs financed with federal funds. The types of financial assistance listed below are considered 479B student financial assistance programs. Federal Pell Grants Teach Grants Federal Work-Study Programs Federal Perkins Grants Student Financial Assistance received under the Bureau of Indian Education Higher Education Tribal Grants Tribally Controlled Colleges or Universities Grant Program Employment Training Program under Section 134 of the Workforce Innovation and Opportunity Act (WIOA) Any other awards under Section 479B Other student financial assistance may also be excluded from income, but only to the extent it pays for actual educational expenses. Such assistance includes grants or scholarships from the following sources: Federal government A State (including U.S. territories), Tribe, or local government A private foundation registered as a non-profit under 26 USC 501(c)(3) A business entity (such as a corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, or non-profit entity). An institution of higher education Military assistance (e.g., GI Bill) Other monetary contributions will generally not be excluded from income, and may include - Financial support provided to a student in the form of a fee for services performed (e.g., work-study or teaching fellowship) that is not excluded under Section 479B of the HEA. Gifts, including gifts from family or friends. Covered Costs Costs that may be considered educational expenses include: Tuition Books Supplies Room Board Fees required and charged to a student by an institution of higher education. Property managers operating properties subject to HOTMA need to be familiar with the various types of financial assistance students will likely receive and whether or not such assistance may be excluded from income. Bottom Line The Housing Opportunity Through Modernization Act (HOTMA) streamlines the treatment of educational assistance as income for residents receiving housing support, such as Section 8. In general, most forms of educational assistance, including scholarships and grants, are excluded from income calculations for both the student and their household members. There are limited exceptions, which include amounts that exceed tuition costs and payments designated for living expenses. This rule applies to both dependent and independent students, with more extensive exclusions for Section 8 students over 23 who have dependents. HOTMA seeks to reduce administrative burdens and ensure that educational aid does not financially penalize low-income families.

Executive Order Establishes English as Official U.S. Language: Impact on HUD Programs

President Donald Trump signed an Executive Order on March 1, 2025, establishing English as the official language of the United States. This move has significant implications for federal agencies and their communication policies, especially for the Department of Housing and Urban Development (HUD) and Rural Development properties. Key Changes The Executive Order revokes Executive Order 13166, issued on August 11, 2000. That previous order mandated federal agencies, including HUD, to implement Limited English Proficiency (LEP) policies for their programs. Under the previous order, agencies were required to ensure that individuals with limited English proficiency could access their services. With the revocation, HUD will no longer mandate LEP policies for owners and Public Housing Authorities (PHAs) in HUD-assisted properties. Current Status and Recommendations It's important to note that the new Executive Order does not prohibit federal agencies from producing documents in languages besides English. However, they will no longer be legally obligated to do so. No immediate action is necessary for HUD and Rural Development property owners and managers who currently have LEP policies in place. I recommend maintaining current policies until formal guidance is issued. Both HUD and Rural Development are expected to provide official guidance on this change in the coming weeks or months. Project operators are advised to await this guidance before implementing any changes to their existing language access policies. Looking Ahead This policy shift signifies a substantial change in federal language requirements. Housing providers should remain informed about upcoming agency guidance that will clarify expectations and requirements going forward. Once formal guidance is released, property managers and owners should consult with their industry associations and legal advisors to ensure compliance. This article offers informational content based on current developments and should not be interpreted as legal advice. Property owners and managers should seek guidance from qualified legal professionals regarding specific compliance issues.

HUD Extends NSPIRE Affirmative Standards Compliance Deadline to October 2025

The U.S. Department of Housing and Urban Development s (HUD) Real Estate Assessment Center (REAC) has announced an extension of the compliance deadline for the National Standards for the Physical Inspection of Real Estate (NSPIRE) affirmative requirements. Initially planned for earlier implementation, the new deadline of October 1, 2025, gives property owners and managers in the Public Housing and Multifamily Housing programs extra time to align their properties with the updated standards. Background and Rationale for Extension The decision to extend the compliance period was influenced by the challenges property owners and managers encountered in meeting the new requirements. HUD recognizes the complexity of these updates and the operational adjustments needed, so it has opted to provide a grace period, allowing property stakeholders to address any deficiencies without immediate penalty. While property inspections conducted during this period will still identify deficiencies, they will not adversely affect inspection scores until the new deadline. Instead, flagged issues will be marked with a caret (^) symbol, indicating non-compliance that must be addressed before the final implementation date. It s important to note that the extension does not change HUD s existing policies regarding traditionally non-scored deficiencies. This means that requirements related to smoke detectors, carbon monoxide (CO) detectors, handrails, and call-for-aid devices remain unchanged and must continue to be addressed according to HUD s existing standards. Key Affirmative Requirements Under NSPIRE The NSPIRE affirmative requirements encompass a wide array of safety and habitability standards aimed at improving the quality of housing for tenants. These requirements pertain to various aspects of property maintenance, including site conditions, individual unit standards, building interiors, and exterior features. Below is a summary of the essential requirements: Site-Specific Requirements Installation of fire-labeled doors Electrical safety improvements, such as the installation of Ground Fault Circuit Interrupters (GFCI) and Arc Fault Circuit Interrupters (AFCI) are essential. Guardrails for elevated surfaces HVAC system compliance with specified standards Adequate interior lighting levels Minimum electrical and lighting standards to ensure habitability Detailed Unit Requirements Provision of hot and cold running water in bathrooms and kitchens Private bathroom facilities with required fixtures Properly installed smoke detectors in designated locations Special accommodations for hearing-impaired residents, including visual alert devices CO alarms installed per safety regulations Designated living room and kitchen area standards Electrical outlet and lighting provisions for Housing Choice Voucher (HCV) and Project-Based Voucher (PBV) program units GFCI protection in areas near water sources Adequate heating sources to maintain comfortable indoor temperatures Guardrails for elevated surfaces within units Fixed lighting in kitchens and bathrooms for enhanced visibility Building Interior Requirements Smoke detectors installed on each level of the property CO alarms strategically placed to maximize safety GFCI protection in locations with potential water exposure Guardrails for all elevated walking areas Permanently mounted lighting fixtures to improve illumination Restrictions on the use of unvented space heaters to mitigate fire hazards Exterior Requirements GFCI protection for outdoor outlets near water sources Guardrails for elevated exterior walking paths to prevent accidents Preparing for Full Implementation While the extended deadline postpones the enforcement of compliance-related penalties, property owners and managers should take advantage of this time to proactively address deficiencies and make necessary upgrades. By acting now, property stakeholders can ensure a smoother transition when the standards fully take effect in October 2025. The primary goal of these affirmative requirements is to enhance property resilience and increase tenant safety. By following these updated standards, property owners help create a healthier and more secure living environment for residents. HUD strongly encourages proactive compliance measures to prevent last-minute challenges and potential non-compliance issues when the deadline arrives. With this extension, HUD acknowledges the challenges housing providers face while reinforcing its commitment to uphold high standards of housing quality and tenant protection. Property owners and managers should use the extra time to assess, plan, and implement necessary improvements to ensure full compliance by the October 2025 deadline.

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