Housing Issues in the 118th Congress

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Housing Issues in the 118th Congress

Updated January 13, 2025

Congressional Research Service

https://crsreports.congress.gov

R47628

SUMMARY

Housing Issues in the 118th Congress

Housing affordability is a perennial policy issue, but it has become particularly salient in recent

years in light of notable increases in house prices and rents, rising mortgage interest rates, and

housing supply constraints in many housing markets. Although housing markets are local in

nature, and housing market conditions vary across the country, concerns about housing

affordability have been widespread.

R47628

January 13, 2025

Katie Jones, Coordinator

Analyst in Housing Policy

Through hearings and proposed legislation, the 118th Congress considered the causes of, and

potential solutions to, housing affordability issues. Bills introduced to address housing affordability included certain housingrelated tax proposals and proposed modifications to existing housing assistance programs, among other things. In addition to

considering housing affordability issues broadly, the 118th Congress also took an interest in the affordability of housing for

specific populations or in specific areas. For example, there were proposals in the 118th Congress specifically related to rural

housing programs and Native American housing programs, and Congress has expressed ongoing concerns about housing

issues on and around military bases.

In addition to considering new legislative proposals, the 118th Congress took an ongoing interest in the status or

implementation of funding that was provided for certain housing-related programs in previous Congresses. This included

emergency supplemental funding provided for housing programs in response to the COVID-19 pandemic, certain housingrelated funding that was included in the Inflation Reduction Act in the 117 th Congress, and funding for new initiatives

provided through regular annual appropriations, such as a new competitive grant program for communities addressing

regulatory barriers to housing.

Other issues that have been of ongoing interest to Congress include concerns related to the quality of the housing stock in

general, and federally-assisted housing in particular; disaster response and recovery as it relates to housing; and fair housing

issues, among others. In addition, the 118th Congress conducted oversight or considered legislation related to certain agency

actions, such as certain mortgage pricing changes implemented by the government-sponsored enterprises Fannie Mae and

Freddie Mac at the direction of their regulator, the Federal Housing Finance Agency, and the Department of Energy’s

implementation of congressionally mandated energy standards for manufactured housing.

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Contents

Introduction ..................................................................................................................................... 1

Housing Market Conditions ............................................................................................................ 1

Housing Costs ........................................................................................................................... 2

Sales Prices for Single-Family Homes................................................................................ 2

Mortgage Interest Rates ...................................................................................................... 3

Asking Rents ....................................................................................................................... 4

Housing Affordability Challenges ...................................................................................... 5

Housing Supply ......................................................................................................................... 7

Inventory of Single-Family Homes for Sale ....................................................................... 7

Rental Vacancy Rates .......................................................................................................... 8

Housing Construction ......................................................................................................... 8

Housing and the Broader Economy ........................................................................................ 12

Selected Current Issues.................................................................................................................. 13

Housing Affordability ............................................................................................................. 14

Housing Supply ....................................................................................................................... 14

Appropriations for Housing Programs .................................................................................... 15

Housing Tax Proposals ............................................................................................................ 16

Competitive Grants for Land Use and Zoning Reform (HUD PRO Housing) ....................... 17

Rural Housing Programs ......................................................................................................... 19

Rural Housing and the Farm Bill ...................................................................................... 19

Rural Housing Program Reform Proposals....................................................................... 20

Native American Housing ....................................................................................................... 20

NAHASDA Reauthorization Efforts ................................................................................. 21

Other Bills Related to Native American Housing ............................................................. 21

Status of COVID-19 Supplemental Funding for Housing ...................................................... 22

Treasury Programs ............................................................................................................ 22

HUD Programs ................................................................................................................. 23

Homelessness .......................................................................................................................... 24

Housing Quality ...................................................................................................................... 26

Implementation of Housing-Related Provisions in the Inflation Reduction Act ..................... 27

HUD Green and Resilient Retrofit Program ..................................................................... 27

DOE Home Energy Rebate Programs ............................................................................... 28

EPA Greenhouse Gas Reduction Fund.............................................................................. 29

Additional IRA Housing-Related Provisions .................................................................... 30

Fair Housing ............................................................................................................................ 30

Disparate Impact Discrimination ...................................................................................... 32

Affirmatively Furthering Fair Housing ............................................................................. 34

Military Housing ..................................................................................................................... 35

Basic Allowance for Housing ........................................................................................... 36

Housing Shortages ............................................................................................................ 37

Fannie Mae and Freddie Mac Loan Level Price Adjustments ................................................ 38

Energy Standards for Manufactured Housing ......................................................................... 40

Housing and Disaster Response and Recovery ....................................................................... 42

FEMA’s Individuals and Households Program (IHP) and HUD’s Community

Development Block Grant-Disaster Recovery (CDBG-DR) ......................................... 42

Interaction Between FEMA’s IHP and HUD’s CDBG-DR ............................................... 44

FEMA’s National Flood Insurance Program (NFIP)......................................................... 47

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Housing and Climate Impacts ........................................................................................... 49

Housing and Insurance ............................................................................................................ 51

Figures

Figure 1. Real (Inflation-Adjusted) Median Sale Prices for New and Existing

Single-Family Homes ................................................................................................................... 3

Figure 2. Mortgage Interest Rates ................................................................................................... 4

Figure 3. Real (Inflation-Adjusted) Median Asking Rent ............................................................... 5

Figure 4. Housing Cost Burdens by Tenure and Household Income............................................... 6

Figure 5. Homes for Sale, New and Existing .................................................................................. 7

Figure 6. Rental Vacancy Rates ....................................................................................................... 8

Figure 7. Housing Units Started .................................................................................................... 10

Figure 8. Housing Units Completed .............................................................................................. 10

Figure 9. Housing Units under Construction .................................................................................. 11

Figure 10. Consumer Price Index for All Urban Consumers: Shelter in U.S. City Average ......... 13

Tables

Table A-1. Housing Bills in the 118th Congress that Received Committee or Floor Action ......... 54

Table B-1. Housing-Related Hearings in the 118th Congress ........................................................ 57

Appendixes

Appendix A. Housing Bills in the 118th Congress ......................................................................... 54

Appendix B. Housing Hearings in the 118th Congress .................................................................. 57

Contacts

Author Information........................................................................................................................ 60

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Introduction

While housing in the United States is primarily a private market enterprise, regulated at the state

and local levels, federal policymakers play an important role in regulating housing finance,

providing affordable housing resources to state and local governments or other public or private

entities, and enforcing fair housing laws, among other functions. Congress establishes laws

governing U.S. housing policy, funds housing policies and programs via the annual

appropriations process and the federal tax code, and oversees policy and program implementation

by various federal agencies. The House Financial Services Committee and the Senate Banking,

Housing, and Urban Affairs Committee, in particular, play prominent roles in many of these

functions as committees of jurisdiction over most federal housing policy and programs. Federal

agencies involved in housing policy and programs include the Department of Housing and Urban

Development (HUD), the Federal Housing Finance Agency (FHFA), the Department of the

Treasury (Treasury), the U.S. Department of Agriculture (USDA), and others.

The 118th Congress considered a range of housing policy issues, including options to address

growing concern about housing supply and affordability challenges, housing responses to natural

disasters, and Native American housing programs and policy. Other issues of interest to the 118th

Congress included the status or implementation of certain housing-related funding provided in

previous Congresses and oversight of executive branch actions related to housing.

This report begins with an overview of certain housing market indicators during the 118th

Congress to provide context for the policy issues discussed in the remainder of the report. It then

provides a high-level overview of housing issues during the 118th Congress and, where

applicable, refers to more in-depth CRS reports on the issues discussed. Appendix A lists

housing-related legislation that received committee or floor consideration in the 118th Congress

and Appendix B lists housing-related hearings held during the 118th Congress.

Housing Market Conditions

There are about 131 million occupied housing units in the United States, of which 85.7 million

(65%) are owner-occupied and 45.6 million (35%) are renter-occupied.1 Of the total number of

occupied housing units,

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•

•

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90 million (69%) are one-unit properties,2

25 million (19%) are units in buildings with five or more units,

10 million (7%) are units in two-to-four-unit properties, and

7 million (5%) are manufactured or mobile homes or another type of housing.

While most homeowners (nearly 90%) live in one-unit properties,3 the types of housing renters

live in are more varied: about 31% of renters live in one-unit properties, another 17% live in units

1 Statistics in this section are from U.S. Census Bureau, American Community Survey 2023 One-Year Estimates, Table

S2504, https://data.census.gov/table/ACSST1Y2023.S2504?q=s%202504.

2 This includes both detached one-unit properties (properties with space on all sides) and attached one-unit properties

(e.g., rowhouses/townhouses). For specific definitions of attached and detached units used in the American Community

Survey, see U.S. Census Bureau, American Community Survey and Puerto Rico Community Survey, 2023 Subject

Definitions, p. 45, https://www2.census.gov/programs-surveys/acs/tech_docs/subject_definitions/

2023_ACSSubjectDefinitions.pdf.

3 Another 6% of homeowners live in manufactured or mobile homes, 2% live in units in two-to-four-unit properties,

and about 3.5% live in units in properties with five or more units.

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in properties with 2-4 units, and about 48% live in units in properties with five or more units.

Another 4% of renters live in manufactured or mobile homes.

House prices and rents have both increased significantly in recent years. While house price and

rent increases have more recently shown signs of moderating, concerns about housing

affordability remain high. Local housing markets vary, but many markets have seen housing cost

increases driven in part by a lack of available housing supply. Rising mortgage interest rates have

also contributed to affordability challenges.

This first section of the report provides background on housing market conditions to provide

context for the housing policy issues discussed in the remainder of the report; in most cases, the

data presented reflect conditions through 2023, the first year of the 118th Congress. It focuses on

selected indicators related to housing costs and supply. While the discussion of market conditions

presented in this section is at the national level, local housing market conditions can vary

significantly, and national housing market trends may not reflect the conditions in a specific area.

Nevertheless, national housing market indicators can provide an overall sense of general trends in

housing in the United States.

Housing Costs

This subsection provides selected indicators related to housing costs, including home sale prices,

rents, and housing cost burdens.

Sales Prices for Single-Family Homes

Single-family homes may be purchased by owner-occupants, individuals or families seeking

second homes or vacation properties, or investors of different types, including both individual and

corporate investors of various sizes who may purchase homes to hold for renting or to sell at a

later date.

Figure 1 shows the trend in real (i.e., inflation-adjusted) median sales prices for both new and

existing homes since 1995 in 2023 dollars. While the median sales price of new homes has been

consistently above that of existing homes, prices for both new and existing homes have generally

trended upward over the past two decades, with the exception of a decline in prices during and

after the 2007-2009 financial crisis.

Real median sales prices for both new and existing homes have mostly increased since 2012, and

price increases accelerated beginning in 2020 before beginning to flatten or reverse around 20222023. In 2023, the median sales price for an existing home was $389,300, and the median sales

price for a new home was $428,600, both somewhat lower than the real median sales price in

2022 but increases of 12% and 20%, respectively, since 2019. Although median home prices

decreased in real terms in 2023 (and new home prices decreased in nominal terms as well), they

have generally increased in recent years. The combination of higher house prices and higher

interest rates, discussed further in the following section, continues to pose affordability challenges

for many homebuyers.

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Figure 1. Real (Inflation-Adjusted) Median Sale Prices for New and Existing

Single-Family Homes

1995-2023

Sources: CRS calculations based on data from HUD’s U.S. Housing Market Conditions reports, available

at https://www.huduser.gov/portal/ushmc/home.html (which use data from the National Association of Realtors

for existing home prices, and the U.S. Census Bureau for new home prices), and data from the Bureau of Labor

Statistics for the consumer price index. Figures are in 2023 dollars.

Notes: Gray bars indicate recessions. Figures are adjusted for inflation using the Consumer Price Index for all

Urban Consumers (CPI-U) with 2023 as the base year.

Mortgage Interest Rates

Many homebuyers take out a mortgage to purchase a home, especially when purchasing a

primary residence.4 The ability of prospective homebuyers to obtain mortgages, as well as the

costs of those mortgages, impacts housing demand and affordability.

After several years of historical lows, mortgage interest rates rose notably in 2022, due in part to

contractionary monetary policy.5 As shown in Figure 2, mortgage interest rates had been

consistently below 5% for about 12 years beginning in May 2010. Lower interest rates increase

mortgage affordability and make it easier for some households to purchase homes or refinance

their existing mortgages.

Mortgage interest rates began to increase in early 2022 and rose rapidly through much of 2022

and 2023. The rates averaged 3.45% in January 2022 and increased to 6.90% by October 2022

before falling somewhat. Rates began to increase again after the first few months of 2023 and

4 According to the National Association of Realtors, about 74% of homebuyers who purchased a primary residence

between July 2023 and June 2024 financed the purchase. This figure was 91% for first-time homebuyers. See National

Association of Realtors, Highlights from the 2024 Profile of Home Buyers and Sellers, November 2024,

https://www.nar.realtor/sites/default/files/2024-11/2024-profile-of-home-buyers-and-sellers-highlights-11-042024_2.pdf.

5 When the Federal Reserve raises the target range for the federal funds interest rate, other interest rates in the

economy, including mortgage interest rates, tend to increase as well. However, mortgage interest rates are not

determined solely by monetary policy and are affected by other factors within the housing market. For more

information on monetary policy, see CRS In Focus IF11751, Introduction to U.S. Economy: Monetary Policy.

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reached an average of 7.62% during October 2023, the highest level since November 2000.

During 2024, mortgage interest rates largely remained below 7%, and averaged 6.72% in

December 2024.

Figure 2. Mortgage Interest Rates

January 1995-December 2024

Source: Created by CRS based on data from Freddie Mac’s Primary Mortgage Market Survey (PMMS), 30Year Fixed Rate Historic Tables, available at http://www.freddiemac.com/pmms/.

Notes: Gray bars indicate recessions. Data reflect average interest rates for conventional (i.e., not governmentinsured) conforming (i.e., conform to Fannie Mae/Freddie Mac standards, including loan limits) home purchase

mortgages to borrowers with good credit and a 20% down payment. The actual interest rate paid by any given

borrower will depend on a number of factors. In November 2022, Freddie Mac adjusted its methodology for the

PMMS by replacing traditional survey methods with administrative datasets. Freddie Mac estimates that these

changes would have only had a small impact on historical PMMS results. For more information, see

https://www.freddiemac.com/research/insight/20221103-freddie-macs-newly-enhanced-mortgage-rate-survey.

Asking Rents

Figure 3 shows the trend in the average annual real median asking rent for vacant units in 2023

dollars. Asking rents are an indicator of potential costs for renters seeking to newly lease a rental

unit, but do not include rents paid by current tenants or potential rent increases for currently

occupied units.

Like home prices, asking rents have been increasing in general over the past decade, and

increased about 7% between 2022 and 2023.

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Figure 3. Real (Inflation-Adjusted) Median Asking Rent

1995-2023

Sources: Created by CRS using data from U.S. Census Bureau, Housing Vacancies and Homeownership

Historical Tables, Table 11A, available at https://www.census.gov/housing/hvs/data/histtabs.html, and data from

the Bureau of Labor Statistics for the consumer price index.

Notes: Gray bars indicate recessions. Figures are adjusted for inflation using the Consumer Price Index for all

Urban Consumers (CPI-U) with 2023 as the base year.

Housing Affordability Challenges

Under widely used measures of affordability, households are generally considered cost-burdened

if they pay more than 30% of their income for housing, and severely cost-burdened if they pay

more than 50% of their income for housing.6 Rising housing costs can contribute to housing cost

burdens if these costs increase faster than household incomes.

The number and share of cost-burdened households have been increasing in recent years. In 2023,

22.6 million renter households, or nearly half of all renter households (49.5%), experienced cost

burdens, an increase from 20.4 million cost-burdened renter households (46% of all renter

households) in 2019. The number and share of cost-burdened homeowners also increased, to 20.3

million (23.6% of owner households) in 2023 compared to 16.7 million owner households (21%)

in 2019.7

Figure 4 shows the shares of households with moderate or severe cost burdens by tenure (that is,

whether the household owns or rents their home) and household income. While housing cost

burdens can affect both renters and homeowners and households of differing income levels, they

are most prevalent among lower-income renter households.

6 Although these measures of housing affordability and cost burden are widely used, they also have recognized

shortcomings. For discussions of some of the limitations of these definitions, see HUD Office of Policy Development

and Research (PD&R), “Rental Burdens: Rethinking Affordability Measures,” PD&R Edge online magazine,

https://www.huduser.gov/portal/pdredge/pdr_edge_featd_article_092214.html; and HUD PD&R, “Defining Housing

Affordability,” PD&R Edge online magazine, https://www.huduser.gov/portal/pdredge/pdr-edge-featd-article081417.html.

7 CRS calculations using the 2019 and 2023 American Community Survey 1-Year Estimates Public Use Microdata

Sample available at https://www.census.gov/data/developers/data-sets/census-microdata-api.html.

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Figure 4. Housing Cost Burdens by Tenure and Household Income

2023

Source: Figure created by CRS based on CRS calculations using the 2023 American Community Survey 1-Year

Estimates Public Use Microdata Sample, available at https://www.census.gov/data/developers/data-sets/censusmicrodata-api.html.

In light of the greater prevalence of affordability challenges among lower-income renter

households, Congress has directed HUD to regularly report on the number of very low-income

renters with worst case housing needs, which HUD does in biennial reports.8 Households are

considered to have worst case housing needs if (1) they are very low-income renter households

(that is, households with incomes at or below 50% of area median income); (2) who do not

receive government housing assistance; and (3) pay more than half their income toward rent, live

in severely inadequate housing, or both.

The 2023 report, which provides data from 2021, shows that in 2021 the number of renter

households with worst case housing needs reached its highest level since HUD began reporting

on it in the early 1990s. The report found that 8.53 million households experienced worst case

housing needs in 2021, an increase from 7.77 million in 2019 and more than the previous high of

8.48 million households in 2011.9 The share of very low-income renter households with worst

case housing needs also reached a record high of 44.1%, surpassing the previous high of 44.0% in

2011, as the number of households with worst case needs grew faster than the number of very

low-income renter households as a whole.10 Most households with worst case housing needs have

severe cost burdens rather than physically inadequate housing.11

8 HUD’s Worst Case Housing Needs reports are available on HUD’s website at https://www.huduser.gov/portal/

AFWCN.html. As referenced in the HUD reports, language in S.Rept. 101-474, which accompanied the FY1991 HUD

appropriation bill, directs HUD to report on worst case housing needs. See, for example, U.S. Department of Housing

and Urban Development, Priority Housing Problems and “Worst Case” Needs in 1989, A Report to Congress, June

1991, p. 1, https://www.huduser.gov/portal//Publications/pdf/HUD-5828_WorstCase1989_report.pdf.

9 U.S. Department of Housing and Urban Development, Worst Case Housing Needs, 2023 Report to Congress, May

2023, https://www.huduser.gov/portal//portal/sites/default/files/pdf/Worst-Case-Housing-Needs-2023.pdf.

10 Ibid., p. viii.

11 Ibid., p. ix.

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Housing Supply

Housing costs are influenced, in part, by the supply of homes available for sale or rent. This

subsection provides selected indicators on the available housing supply, including the number of

homes for sale, rental vacancy rates, and single-family and multifamily housing construction

activity.

Inventory of Single-Family Homes for Sale

One indicator of housing supply is the number of homes for sale at a given point in time. Lower

inventories of homes for sale can put upward pressure on house prices if demand is strong.

As shown in Figure 5, the number of single-family homes for sale has been relatively low in

recent years. As of the end of 2023, there were about 1.4 million homes for sale (nearly 1 million

existing homes and close to 500,000 new homes). This represented an increase over the three

previous years, but was still low by historical standards. The number of new homes for sale was

slightly below the 2022 figure, which had been the highest since 2007.

Figure 5. Homes for Sale, New and Existing

1995-2023

Sources: Created by CRS using data from HUD’s U.S. Housing Market Conditions reports, available

at https://www.huduser.gov/portal/ushmc/home.html, which use data from the National Association of Realtors

for existing home inventories and from the U.S. Census Bureau for new home inventories.

Notes: Annual inventory represents homes for sale as of the end of the year.

The supply of homes for sale affects the number of homes sold. Sales of existing homes generally

number in the millions each year, while new home sales are usually in the hundreds of thousands.

In 2023, there were nearly 4.8 million home sales (about 4.1 million existing homes and nearly

670,000 new homes).12 This was the lowest level of combined home sales since 2011, when a

12 See HUD’s U.S. Housing Market Conditions reports, available at https://www.huduser.gov/portal/ushmc/home.html,

which use data from the National Association of Realtors for existing home sales and from the U.S. Census Bureau for

new home sales.

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total of 4.6 million homes were sold. Lower home sales may reflect a variety of factors, including

low housing inventory and higher mortgage interest rates.

Rental Vacancy Rates

The rental vacancy rate is the share of rental units that are currently vacant for rent.13 Low

vacancy rates may put upward pressure on rents as renters compete for fewer available units.

As shown in Figure 6, the rental vacancy rate has generally been declining in recent years and

was 5.8% in 2022, the lowest rental vacancy rate in several decades.14 However, the rental

vacancy rate increased to 6.5% in 2023, the highest level since 2019, when it was 6.7%.

Figure 6. Rental Vacancy Rates

1995-2023

Source: Figure created by CRS based on data from U.S. Census Bureau, Housing Vacancies and

Homeownership Annual Tables, Table 1, “Rental and Homeowner Vacancy Rates by

Area,” https://www.census.gov/housing/hvs/data/prevann.html.

Notes: Gray bars indicate recessions. Because data collection procedures were affected by the COVID-19

pandemic during some quarters in 2020 and 2021, the Census Bureau urges caution in interpreting estimates

from affected timeframes and in comparing those estimates to previous or subsequent estimates.

Housing Construction

While specific estimates vary, research suggests that the United States has a shortage of housing

units needed to meet housing demand, due in part to years of underbuilding and declining

construction of smaller, less expensive homes in particular.15 These estimates suggest that new

13 U.S. Census Bureau, Housing Vacancies and Homeownership, “Definitions and Explanations,” p. 6,

https://www.census.gov/housing/hvs/definitions.pdf.

14 Annual rental vacancy rate data are from U.S. Census Bureau, Housing Vacancies and Homeownership, Annual

Statistics, Table 1, “Rental and Homeowner Vacancy Rates by Area,” available at https://www.census.gov/housing/

hvs/data/prevann.html. The rental vacancy rate of 5.8% in 2022 was the lowest since 1983, when the rental vacancy

rate was 5.7%.

15 For example, Freddie Mac estimated a housing supply shortage of 3.8 million units at the end of 2020. See Sam

Khater, One of the Most Important Challenges our Industry will Face: The Significant Shortage of Starter Homes,

(continued...)

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construction is needed to help meet demand. A variety of statistics measure the amount of new

housing construction underway, including housing permits, housing starts, and housing

completions. Measures such as housing starts are often considered leading economic indicators

that provide signals about the health of the economy.

Figure 7 and Figure 8 show annual housing starts16 and housing completions,17 respectively.

Starts and completions data are reported for three types of housing units: one-unit properties,

units in two-to-four-unit properties, and units in properties with five or more units. The numbers

of one-unit starts and completions are typically much higher than starts and completions of units

in multi-unit properties, and the trends in starts and completions generally track each other fairly

closely. In 2023,

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construction was started on about 1.4 million housing units, of which about

945,000 were one-unit homes, 456,000 were in buildings with five or more units,

and 13,000 were in buildings with two-to-four units; and

about 1.5 million new housing units were completed, of which about 1 million

were one-unit homes, 439,000 were in buildings with five or more units, and

11,500 were in buildings with two-to-four units.

After a precipitous drop starting in the mid-2000s, both housing starts and housing completions

have generally risen since about 2011, although starts of both single-family and multifamily

homes fell in 2023 compared to 2022. Completions of single-family homes have mostly

continued to increase, although in 2023 they decreased to 1 million units compared to 1.02

million units in 2022. Completions of units in multifamily properties have generally been

relatively flat in recent years, but increased to nearly 439,000 units in 2023 compared to 359,000

units in 2022. Starts and completions of one-unit properties have not returned to the levels seen

prior to the 2007-2009 financial crisis, while starts and completions of units in properties with

five or more units are higher than they were prior to the financial crisis.

April 15, 2021, https://www.freddiemac.com/perspectives/sam-khater/20210415-single-family-shortage. For an

overview of different estimates, see David Wessel, Where do the estimates of a “housing shortage” come from?,

Brookings, October 21, 2024, https://www.brookings.edu/articles/where-do-the-estimates-of-a-housing-shortage-comefrom/.

16 Census defines starts as occurring “when excavation begins for the footings or foundation of a building. All housing

units in a multifamily building are defined as being started when this excavation begins. Beginning with data for

September 1992, estimates of housing starts include units in structures being totally rebuilt on an existing foundation.”

See U.S. Census Bureau, “Survey of Construction Definitions,” https://www.census.gov/construction/soc/

definitions.html.

17 According to the Census definition, “A house is defined as completed when all finished flooring has been installed

(or carpeting if used in place of finished flooring). If the building is occupied before all construction is finished, it is

classified as completed at the time of occupancy. In privately-owned buildings with two or more housing units, all of

the units in the buildings are counted as completed when 50 percent or more of the units are occupied or available for

occupancy.” See U.S. Census Bureau, “Survey of Construction Definitions.”

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Figure 7. Housing Units Started

Figure 8. Housing Units Completed

1995-2023

1995-2023

Source: Created by CRS using data from U.S. Census Bureau, New Residential

Construction, Historical Data, available at https://www.census.gov/construction/nrc/

historical_data/index.html.

Source: Created by CRS using data from U.S. Census Bureau, New Residential

Construction, Historical Data, available at https://www.census.gov/construction/nrc/

historical_data/index.html.

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Figure 9 shows the number of housing units under construction at the end of each year (i.e.,

started but not yet completed). There were about 1.7 million housing units under construction at

the end of 2023, of which about 658,000 were one-unit homes, about 17,000 were units in two-tofour-unit properties, and nearly 979,000 were units in properties with five or more units.

Unlike starts and completions, where single-family units consistently outnumber multifamily

units, the number of multifamily units currently under construction has been higher than the

number of single-family units under construction for much of the past decade. In general, it takes

longer to construct multifamily units than single-family units,18 accounting for part of the reason

that the number of multifamily units under construction is generally higher compared to singlefamily units than starts or completions data would suggest. Factors such as labor and material

shortages that have contributed to construction delays for both single-family and multifamily

properties have further impacted construction timelines.19 Also, as noted above, new multifamily

housing starts have exceeded their levels from prior to the 2007-2009 financial crisis in recent

years, while single-family starts are below their levels from the late 1990s and early 2000s. As

units under construction translate into completions, supply is expected to increase in the short

term.

Figure 9. Housing Units under Construction

1995-2023

Source: Created by CRS using data from U.S. Census Bureau, New Residential Construction, Historical Data,

available at https://www.census.gov/construction/nrc/historical_data/index.html.

Another metric to consider is spending on residential construction, as measured by residential

fixed investment (described in greater detail in the following section). Residential fixed

18 U.S. Census Bureau, “Annual Length of Time from Start to Completion of Buildings Started in Permit-Issuing

Places,” 1971-2022, https://www.census.gov/construction/nrc/pdf/avg_starttocomp.pdf.

19 See, for example, National Multifamily Housing Council, “Multifamily Units Under Construction are Up, But

Demand for Apartments Remains,” August 11, 2022, https://www.nmhc.org/news/nmhc-news/2022/multifamily-unitsunder-construction-are-up-but-demand-for-apartments-remains/; and National Association of Home Builders, “Supply

Chain Issues Continue to Slow Housing,” February 17, 2022, https://www.nahb.org/blog/2022/02/supply-chain-issuescontinue-to-slow-housing/.

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investment has fallen in both real and nominal terms since the second quarter of 2022, which

could be a contributing factor in the recent decrease in housing starts.20

Housing and the Broader Economy

The housing market plays an important role in the larger economy, as it accounts for a significant

portion of economic activity. Housing contributes to GDP in two direct ways: residential fixed

investment and spending on housing services. Residential fixed investment includes all spending

on the construction of new single- and multi-family structures, residential remodeling, and

brokers’ fees. Housing services includes all spending on renters’ utilities and rent and

homeowners’ imputed rent21 and utility payments. In real (inflation-adjusted) terms, residential

fixed investment decreased in 2022 and 2023 and the second and third quarters of 2024.22 Such

slowdowns in residential fixed investment have been followed by periods of economic slowdown

in the past, although the causal connection between the two is not certain.23 On the other hand,

real spending on housing services has been more robust than real residential fixed investment—

while variable from quarter to quarter, real spending on housing and utilities services rose by

2.8% and 0.5% in 2022 and 2023, respectively.24 (For further discussion of housing and economic

growth, see CRS In Focus IF11327, Introduction to U.S. Economy: Housing Market.)

One of the ways in which housing has most notably affected the economy recently is in its

contribution to inflation. As shown in Figure 10, shelter inflation accelerated notably in 2021 and

2022, and continued to increase in the first quarter of 2023 when many other expenditure inflation

categories decelerated. After peaking in March 2023, shelter inflation has come down but remains

elevated, most recently at 4.8% in November 2023, compared to overall inflation of 2.7% in the

same month. Shelter inflation, which includes both rental and owner-occupied housing, is a

measure of the changes in cost to rent a home (or what it would cost to rent an owner-occupied

unit).25 Shelter inflation is not a measure of new leases, but rather all leases, so new higher rents

can take several months to filter into the calculation of shelter inflation.

20 Bureau of Economic Analysis (BEA), National Income and Product Accounts (NIPA), Table 1.1.1, “Percent Change

From Preceding Period in Real Gross Domestic Product” and Table 1.1.5, “Gross Domestic Product,”

https://apps.bea.gov/iTable/?reqid=19&step=2&isuri=1&categories=survey.

21 Imputed rent is the estimate of the rent a homeowner would be willing to pay to live in their own house.

22

BEA, NIPA, Table 1.1.1, Percent Change From Preceding Period in Real Gross Domestic Product,

https://apps.bea.gov/iTable/?reqid=19&step=2&isuri=1&categories=

survey#eyJhcHBpZCI6MTksInN0ZXBzIjpbMSwyLDNdLCJkYXRhIjpbWyJjYXRlZ29yaWVzIiwiU3VydmV5Il0sW

yJOSVBBX1RhYmxlX0xpc3QiLCIxIl1dfQ==.

23 For more information, see CRS Report R47479, Common Causes of Economic Recession.

24 BEA, NIPA, Table 2.3.1, Percent change From Preceding Period in Real Personal Consumption Expenditures by

Major Type of Product, https://apps.bea.gov/iTable/?reqid=19&step=2&isuri=1&categories=

survey#eyJhcHBpZCI6MTksInN0ZXBzIjpbMSwyLDMsM10sImRhdGEiOltbImNhdGVnb3JpZXMiLCJTdXJ2ZXki

XSxbIk5JUEFfVGFibGVfTGlzdCIsIjYxIl0sWyJGaXJzdF9ZZWFyIiwiMjAyMCJdLFsiTGFzdF9ZZWFyIiwiMjAyN

CJdLFsiU2NhbGUiLCIwIl0sWyJTZXJpZXMiLCJBIl1dfQ==.

25 For details on how imputed rent is calculated, see CRS In Focus IF12164, Housing and the Consumer Price Index.

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Figure 10. Consumer Price Index for All Urban Consumers:

Shelter in U.S. City Average

January 1995-November 2024

Source: Created by CRS based on data from Bureau of Labor Statistics, Consumer Price Index, at

https://www.bls.gov/cpi/data.htm.

Notes: Gray bars indicate recessions.

On average, spending on shelter is a large component of total expenditures for consumers.

Increasing shelter costs, therefore, can add significant burden to households and potentially result

in altered spending patterns, the need to change housing, or difficulties making ends meet,

depending on the real incomes of each household in question. Additionally, the shelter component

of inflation is weighted heavily to account for its large share of average expenditures.26 As such,

shelter inflation is watched closely by the Federal Reserve and other policymakers and can

influence policy decisions, notably with respect to monetary policy. Changes to monetary policy

can affect economic growth and employment, among other aspects of the economy. (For more

information on monetary policy and its effects on the economy, see CRS In Focus IF11751,

Introduction to U.S. Economy: Monetary Policy.)

Selected Current Issues

The remainder of this report provides a high-level overview of selected housing issues of the

118th Congress.

26 Shelter generally has a relative importance in the Consumer Price Index of roughly 30%-35%. For example, in

February 2023, the shelter expenditure category had a weight of 34.473. For the most recent relative importance

weights, see BLS, Table 1. Consumer Price Index for All Urban Consumers: U.S. city average, by expenditure

category, https://www.bls.gov/news.release/cpi.t01.htm.

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Housing Affordability

While housing affordability is a perennial policy issue for Congress, in recent years the price

increases and supply constraints described above in the “Housing Market Conditions” section

have exacerbated housing affordability concerns. Affordability challenges can affect both owners

and renters at varying levels of income; however, lower-income renter households are the most

likely to face the highest housing cost-to-income ratios, placing them at the greatest risk for

housing insecurity.27

In general, much of federal housing policy is focused on demand-side subsidies, which are

intended to make existing housing more affordable for individuals and families. More than threequarters of HUD’s budget, for example, goes to rent subsidies for low-income households.

However, funding for rental assistance is not sufficient to serve everyone who could qualify;

estimates vary, but they generally show that the primary federal rental assistance programs reach

roughly one in four eligible households.28 During the 118th Congress, demand-side proposals to

address housing costs included expanding rental assistance programs to serve more families,29

creating new sources of down payment assistance funding for prospective homebuyers,30 or

establishing renter or homebuyer tax credits to help offset housing costs for qualifying

households.31

While demand-side assistance can help make housing more affordable for those households who

receive it, there are concerns it could contribute to further rent or home price increases in areas

where supply is limited. Historically, housing supply has predominantly been driven by

investment and development decisions of private market actors, subject to market conditions and

state and local land-use and building regulation. However, there has been growing interest in

identifying ways the federal government can help increase the supply of housing generally, and

affordable housing particularly.

Housing Supply

Given widespread concerns that housing supply constraints are contributing to higher housing

costs, both Congress and the Biden Administration took actions or put forward proposals aimed at

increasing supply. These included proposals for additional funding for new or existing programs

that support the development or maintenance of affordable housing, changes to program rules to

better facilitate the use of existing resources to expand housing supply, and actions to encourage

communities to address local regulatory barriers that may affect the supply or affordability of

housing. An example of the latter approach in the 117th Congress was funding in the Consolidated

27 Joint Center for Housing Studies at Harvard University, State of the Nation’s Housing 2023, pp. 36-38,

https://www.jchs.harvard.edu/sites/default/files/reports/files/

Harvard_JCHS_The_State_of_the_Nations_Housing_2023.pdf.

28 HUD, Worst Case Housing Needs 2023 Report to Congress, p. xi, https://www.huduser.gov/portal//portal/sites/

default/files/pdf/Worst-Case-Housing-Needs-2023.pdf.

29 For example, see the Ending Homelessness for All Act (H.R. 4232) and HUD’s FY2024 Congressional Budget

Justifications, which proposed mandatory funding for new vouchers, at https://www.hud.gov/sites/dfiles/CFO/

documents/2024_Mandatory_Affordable_Housing_Programs.pdf.

30 For example, see the Down Payment Toward Equity Act (H.R. 4231) and HUD’s FY2024 Congressional Budget

Justifications. The FY2024 budget justifications proposed new mandatory funding for down payment assistance for

first-time, first-generation homebuyers as well as a set-aside of discretionary funds for down payment assistance in the

HOME account; see https://www.hud.gov/sites/dfiles/CFO/documents/

2024_Mandatory_Affordable_Housing_Programs.pdf and https://www.hud.gov/sites/dfiles/CFO/documents/

2024_CJ_Program_-_HOME.pdf, respectively.

31 For example, see the DASH Act (S. 680), discussed further in the “Housing Tax Proposals” section of this report.

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Appropriations Act, 2023 (P.L. 117-328) for a new competitive grant program to help

communities address local barriers to housing supply, including regulatory barriers. HUD’s

implementation of this program is discussed further in the “Competitive Grants for Land Use and

Zoning Reform (HUD PRO Housing)” section.

In the 118th Congress, legislative proposals related to housing supply included some tax-related

proposals, such as the changes to the Low-Income Housing Tax Credit or establishment of a new

Neighborhood Homes Investment Credit, both discussed in the “Housing Tax Proposals” section

later in this report. The 118th Congress also held hearings examining issues related to housing

supply, including a September 2023 Senate Banking subcommittee hearing.32

In addition, the Biden Administration pursued administrative actions related to housing supply. In

2022, during the 117th Congress, the White House released a Housing Supply Action Plan that

discussed a number of actions the administration was taking as well as proposals it was calling on

Congress to enact.33 Subsequent releases from the White House in both the 117th and 118th

Congresses highlighted additional actions or proposals to increase the supply of affordable

housing or maintain existing housing.34 Among other things, the Administration undertook

activities to support the conversion of underused commercial properties, such as office buildings,

to housing, including providing guidance and technical assistance on how existing federal

funding sources could be used for such conversions.35 It also indefinitely extended a partnership

between the Federal Housing Administration (FHA) and the Federal Financing Bank (FFB)

through which the FFB provides access to financing for certain FHA-insured multifamily risksharing loans originated by housing finance agencies (HFAs).36

Appropriations for Housing Programs

The majority of federal housing assistance programs are funded by annual discretionary

appropriations. The largest share of those appropriations is devoted to covering the costs of

maintaining federal rental assistance programs. Federal rental assistance programs provide

subsidies to the lowest income tenants, allowing them generally to pay 30% or less of their

incomes toward their housing costs.

32 U.S. Congress, Senate Committee on Banking, Housing, and Urban Affairs, Subcommittee on Housing,

Transportation, and Community Development, Housing Supply and Innovation, 118th Cong., 1st sess., September 12,

2023, https://www.banking.senate.gov/hearings/housing-supply-and-innovation.

33 The White House, President Biden Announces New Actions to Ease the Burden of Housing Costs, May 16, 2022,

https://www.whitehouse.gov/briefing-room/statements-releases/2022/05/16/president-biden-announces-new-actions-toease-the-burden-of-housing-costs/.

34 See, e.g., The White House, Biden-⁠Harris Administration Announces Progress in Implementing its Housing Supply

Action Plan, October 7, 2022, https://www.whitehouse.gov/briefing-room/statements-releases/2022/10/07/biden-harrisadministration-announces-progress-in-implementing-its-housing-supply-action-plan/; and Biden-⁠Harris Administration

Announces Actions to Lower Housing Costs and Boost Supply, July 27, 2023, https://www.whitehouse.gov/briefingroom/statements-releases/2023/07/27/biden-harris-administration-announces-actions-to-lower-housing-costs-andboost-supply/.

35 The White House, Fact Sheet: Biden-⁠Harris Administration Takes Action to Create More Affordable Housing by

Converting Commercial Properties to Residential Use, October 27, 2023, https://www.whitehouse.gov/briefing-room/

statements-releases/2023/10/27/fact-sheet-biden-harris-administration-takes-action-to-create-more-affordable-housingby-converting-commercial-properties-to-residential-use/.

36 See U.S. Department of Housing and Urban Development, HUD and Treasury Extend Initiative to Finance the

Construction and Rehabilitation of Affordable Rental Homes for Low-Income Families, press release, February 29,

2024, https://www.hud.gov/press/press_releases_media_advisories/hud_no_24_042.

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More than half of HUD’s appropriations each year are devoted to maintaining the cost of

continuing assistance to the more than 4 million households served by the Section 8 Housing

Choice Voucher (HCV) and Section 8 project-based rental assistance programs. Funding needs

for the HCV program and project-based rental assistance have been increasing, both because of

increases in the number of people served, as well as the increased costs of maintaining assistance

for households that are currently served by the programs due to rents increasing faster than tenant

incomes.

Despite the large share of total HUD funding these rental assistance programs command, their

combined funding levels only permit them to serve an estimated one in four eligible families,

which results in long waiting lists for assistance in most communities.37 A similar dynamic plays

out in USDA’s Rural Housing Service (RHS) budget. Demand for housing assistance exceeds the

supply of subsidies, yet the largest share of RHS spending for rental housing programs is devoted

to maintaining rental assistance for current residents.38

In a budget environment with limits on discretionary spending, as were adopted in the Fiscal

Responsibility Act of 2023 (P.L. 118-5) in June 2023, pressure to provide increased funding to

maintain current services for existing rental assistance programs competes with pressure from

states, localities, and advocates to maintain or increase funding for other popular programs, such

as HUD’s Community Development Block Grant (CDBG) program, grants for homelessness

assistance, and funding for Native American housing programs.

One way this tension was addressed during the 118th Congress was through the use of emergencydesignated appropriations for regular program operations. This effectively funds a portion of

HUD’s rental assistance renewal needs outside of the standard budget constraints. (For more

information, see “Emergency-Designated Funding for Rental Assistance Renewals,” in CRS

Report R48253, Transportation, Housing and Urban Development, and Related Agencies

(THUD) Appropriations for FY2025.)

Housing Tax Proposals

Congress has considered changes to the tax code in efforts to help individuals secure affordable

housing and to promote the production of affordable housing. In the 118th Congress, the Decent,

Affordable, Safe Housing for All (DASH) Act (S. 680 and H.R. 6970), contained the most

comprehensive housing-related tax proposals, though it was not enacted. The DASH Act would

have, among other things,

•

•

expanded the low-income housing tax credit (LIHTC) program,39 which is

intended to encourage the development of affordable rental housing for lowincome tenants;

created a middle-income housing tax credit to encourage the development of

affordable rental housing for middle-income tenants;

37 See Figure 6 of Joint Center for Housing Studies of Harvard University, America’s Rental Housing, 2017, p. 6,

http://www.jchs.harvard.edu//research-areas/reports/americas-rental-housing-2017.

38 The bulk of the RHS budget for rental housing is devoted to renewing existing Section 521 rental assistance contracts

in Section 515 and Section 514/516 rental housing properties. For more information about USDA’s rural housing

programs, see CRS Report RL31837, An Overview of USDA Rural Development Programs.

39 For more information, see CRS Report RS22389, An Introduction to the Low-Income Housing Tax Credit; CRS In

Focus IF11335, The Low-Income Housing Tax Credit: Policy Issues; and CRS Insight IN12070, The Low-Income

Housing Tax Credit: Lowering the 50% Bond Threshold to 25%.

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•

•

•

created a renter’s tax credit for property owners who reduce rents on eligible

tenants;

created a first-time homebuyers refundable tax credit of up to $15,000; and

instituted the Neighborhood Homes Investment Act (NHIA), which would have

created a tax credit intended to encourage the development of affordable homes

for ownership in lower-income areas.40 The NHIA was proposed in standalone

legislation (S. 657 and H.R. 3940) as well.

The Affordable Housing Credit Improvement Act of 2023 (S. 1557/H.R. 3238), also introduced in

the 118th Congress, was an exclusively LIHTC-focused proposal. Similar to the DASH Act, the

proposal would have expanded the LIHTC program by increasing states’ per capita allocation

authority up to $4.875 beginning in 2024 (not including a required annual inflation adjustment). It

would also have made a number of changes pertaining to tenant eligibility and credit

determinations for projects. In addition, it would have changed the program’s name to the

“affordable housing tax credit.” Versions of the Affordable Housing Credit Improvement Act

were also introduced in every previous Congress since the 114th.

Competitive Grants for Land Use and Zoning Reform (HUD PRO

Housing)

A growing base of research indicates that laws and regulations that constrict housing supply—

such as exclusionary zoning—might contribute to increased housing prices and construction

costs.41 Some studies suggest that these cost effects are more pronounced in large metropolitan

areas on the east and west coasts of the United States.42 Others have suggested a more complex

relationship between land use restrictions and the cost of housing, depending on other factors that

may drive demand, such as the relocation of a major employer to a particular jurisdiction.43

Generally, it is difficult to measure the relative restrictiveness of land use controls at the national

level, due in part to the wide range of methods used by local governments to control land use and

development.44

The federal government has historically played a limited role in the development of zoning and

land use standards. Instead, local governments, acting in accordance with the constitutional police

40 For more information, see CRS In Focus IF11884, Neighborhood Homes Investment Act: Overview and Policy

Considerations.

41

Vicki Been, Ingrid Gould Ellen, and Katherine O’Regan, Supply Skepticism: Housing Supply and Affordability, NYU

Furman Center, August 20, 2018, p. 4, https://furmancenter.org/files/Supply_Skepticism_-_Final.pdf.

42 For example, see Joseph Gyourko and Jacob Krimmel, “The Impact of Local Residential Land Use Restrictions on

Land Values Across and Within Single Family Housing Markets,” NBER Working Paper Series, July 2021, p. 4; and

Jenny Schuetz, “Build More Homes Where People Want to Live,” in Fixer Upper: How to Repair America’s Broken

Housing Systems (Washington, DC: The Brookings Institution, 2022), pp. 23-24 (hereinafter, “Schuetz, Fixer Upper”).

43 Michael LaCour -Little and Weifeng Wu, “Density Control, Home Price Appreciation, and Rental Growth in the

United States,” Cityscape: A Journal of Policy Development and Research, vol. 23, no. 1 (2021), pp. 75-100.

44 For example, see ibid., p. 77; Schuetz, Fixer Upper, pp. 22-23; and Joseph Gyourko and Raven Molloy, “Regulation

and Housing Supply,” Handbook of Regional and Urban Economics, Volume 5B, p. 1294,

https://faculty.wharton.upenn.edu/wp-content/uploads/2017/05/Regulation-and-Housing-Supply-1.pdf.

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powers45 delegated to them by state governments, have been the primary developers of zoning

and land use standards.46

Although land use controls are primarily driven by states and localities, some federal laws,

programs, and regulations can affect the nature of local land use controls. The Consolidated

Appropriations Act, 2023 (CAA, P.L. 117-328, Division L, Title II), for example, included $85

million in funds for a competitive grant program to remove and/or replace land use controls that

limit the feasibility of affordable housing development (practices commonly referred to as

regulatory barriers to affordable housing).47

The grant program derives its authority from Title I of the Housing and Community Development

Act of 1974 (42 U.S.C. §§5301 et seq.), the statute that authorizes the CDBG program.48 The

CAA measure also provides the HUD Secretary with authority to grant waivers and allow

alternative requirements, except in cases pertaining to fair housing, nondiscrimination, labor

standards, the environment, and low- and moderate-income benefit requirements. In September

2023, HUD posted a Notice of Funding Opportunity (NOFO) associated with these funds, under

the title of Pathways to Removing Obstacles to Housing (PRO Housing).49 The first awards under

the program were announced in June 2024.50 The Consolidated Appropriations Act, 2024

provided an additional $100 million for the PRO Housing program (P.L. 118-42, Division F, Title

II). HUD published a NOFO announcing the availability of the FY2024 funding in August 2024,

with applications due by October 22, 2024.51

Some Members of Congress have sought other options to influence local land use regulatory

practices. For example, the Yes In My Backyard Act (S. 1688 /H.R. 4834 ), reintroduced in the

118th Congress, would have expanded reporting requirements for certain CDBG grantees on

plans, adoption, or potential benefits of specific types of land-use policies.

For more information, see CRS Insight IN12271, HUD Pathways to Removing Obstacles to

Housing (PRO Housing) Competition.

45 Anika Singh Lemar, “The Role of States in Liberalizing Land Use,” North Carolina Law Review, vol. 97, no. 2

(January 1, 2019), p. 297.

46 Ibid.; and “Addressing Challenges to Affordable Housing in Land Use Law: Recognizing Affordable Housing as a

Right,” Harvard Law Review, vol. 135, no. 4, February 2022, p. 1107, https://harvardlawreview.org/wp-content/

uploads/2022/01/135-Harv.-L.-Rev.-1104.pdf.

47 See Sen. Patrick J. Leahy, “Explanatory Statement Submitted by Mr. Leahy, Chair of the Senate Committee on

Appropriations, Regarding H.R. 2617, Consolidated Appropriations Act, 2023,” Congressional Record, daily edition,

vol. 168 (December 20, 2022), p. S9340.

48 For further information, see CRS Report R46733, Community Development Block Grants: Funding and Allocation

Processes.

49 HUD, Pathways to Removing Obstacles to Housing (PRO Housing), FR-6700-N-98, September 7, 2023,

https://www.grants.gov/search-results-detail/350133.

50 HUD, PRO Housing FY23 Award Announcement, https://www.hud.gov/program_offices/comm_planning/

pro_housing/fy23awards.

51 HUD, FY24 Pathways to Removing Obstacles to Housing (PRO Housing), FR-6800-N-98, August 13, 2024,

https://www.grants.gov/search-results-detail/356013.

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Rural Housing Programs

USDA’s RHS administers several housing programs specifically for rural areas.52 In the 118th

Congress, there was some interest in these rural housing programs in the context of the farm

bill,53 as well as in standalone legislative proposals.

Rural Housing and the Farm Bill

The 118th Congress included work on the farm bill, an omnibus law addressing agricultural and

food issues that is enacted roughly every five years.54 Prior to the 118th Congress, the most recent

farm bill was the Agriculture Improvement Act of 2018 (P.L. 115-334).

Farm bills typically include a Rural Development title55 that reauthorizes and amends programs

administered by USDA’s Rural Development (RD) agency. RHS, which administers the rural

housing programs, is part of USDA RD. However, farm bills—which are drafted by the House

and the Senate Agriculture Committees—do not typically include rural housing programs, as rural

housing has historically been under the jurisdiction of the House Financial Services Committee

and the Senate Banking Committee, respectively.56

While rural housing programs are not generally addressed in farm bills, there are past examples of

farm bills including select provisions related to rural housing programs, including the following:

•

•

•

past farm bills have amended the definition of rural that is used for the RHS rural

housing programs (see Section 6208 of the Agricultural Act of 2014 [P.L. 113-79]

and Section 6305 of the Agricultural Improvement Act of 2018 [P.L. 115-334]);

the 2018 farm bill established a new grant program for eligible entities to provide

shelter and housing assistance to domestic violence survivors and their pets or

emotional support animals (see Section 12502(b) of the Agriculture Improvement

Act of 2018);57 and

the 2008 farm bill revised the definition of eligible farm laborer for purposes of

the Farm Labor Housing program to include references to aquacultural workers

(see Section 6205 of the Food, Conservation, and Energy Act of 2008 [P.L. 110246]).

The 118th Congress enacted one-year extensions of the 2018 farm bill in November 2023 and

December 2024; a new farm bill was not enacted during the 118th Congress.

52 For more information on rural housing programs administered by RHS, see CRS Report R47044, USDA Rural

Housing Programs: An Overview.

53 See, for example, Caitlin Reilly, “Advocates eye farm bill to avert drop in affordable rural housing,” Roll Call, April

11, 2023, https://rollcall.com/2023/04/11/advocates-eye-farm-bill-to-avert-drop-in-affordable-rural-housing/. See also a

June 2023 letter to the Chairs and Ranking Members of the Senate Committees on Banking, Housing, and Urban

Affairs and Agriculture, Nutrition, and Forestry signed by over 100 organizations at https://ruralhome.org/hacsnetwork-supports-improvements-to-usdas-rural-housing-service-in-letter-to-congress/.

54 For more information on the farm bill in general, see CRS In Focus IF12047, Farm Bill Primer: Background and

Status.

55 For more information on the Rural Development title of the farm bill, see CRS In Focus IF12038, Farm Bill Primer:

Rural Development Title.

56 In addition to the rural housing programs, RHS also administers several community facilities programs. Unlike the

housing programs, these community facilities programs are typically included in the farm bill.

57 This program is codified at 34 U.S.C. §20127.

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Rural Housing Program Reform Proposals

In recent Congresses, bills have been introduced to make changes to certain rural housing

programs, with a particular focus on addressing concerns about USDA-assisted rental properties

being lost from the affordable housing stock due to mortgage maturations or prepayments. One of

these bills, the Strategy and Investment in Rural Housing Preservation Act, was reintroduced in

the 118th Congress (S. 1490). It would have made several changes to rural housing programs in an

effort to support the preservation of existing USDA-assisted rental properties and to expand rental

assistance options to help maintain affordability for tenants in affected properties. One such

change would have been to provide USDA authority to “decouple” Section 521 rental assistance

contracts from Section 515 and Section 514 loans, allowing properties to continue to receive

rental assistance after their loan has matured.

Another bill that was introduced in the 118th Congress is the Rural Housing Service Reform Act

of 2023 (S. 1389, introduced in May 2023, and S. 2790, an updated version introduced in

September 2023).58 Introduced by the Chair of the Senate Banking Committee’s Housing,

Transportation, and Community Development subcommittee with bipartisan co-sponsors, these

bills included identical or similar provisions to those of S. 1490 and would have also made

changes to several other rural housing programs. A companion bill (H.R. 6785) was introduced in

the House in December 2023.

In May 2023, the Senate Banking Committee’s Subcommittee on Housing, Transportation, and

Community Development held a hearing on “Rural Housing Legislation” in which several of

these proposals were discussed.59

For more information on USDA’s rural housing programs in general, including background on

rural rental housing preservation concerns and past policy proposals, see CRS Report R47044,

USDA Rural Housing Programs: An Overview.

Native American Housing

American Indians and Alaska Natives living in tribal areas experience higher rates of many

housing problems than the U.S. population as a whole.60 In addition, factors such as the legal

status of trust lands or the remote locations of many tribal lands can pose challenges for

housing.61 Native Hawaiians often face similar housing challenges.62 In the 118th Congress,

58 See U.S. Senators Tina Smith, Mike Rounds Announce More Bipartisan Support for Legislation to Modernize and

Reform Rural Housing Programs, press release, September 19, 2023, https://www.smith.senate.gov/u-s-senators-tinasmith-mike-rounds-announce-more-bipartisan-support-for-legislation-to-modernize-and-reform-rural-housingprograms/.

59 U.S. Congress, Senate Committee on Banking, Housing, and Urban Affairs, Subcommittee on Housing,

Transportation, and Community Development, Rural Housing Legislation, 118th Cong., 1st sess., May 2, 2023,

https://www.banking.senate.gov/hearings/rural-housing-legislation.

60 Nancy Pindus, G. Thomas Kingsley, Jennifer Biess, et al., Housing Needs of American Indians and Alaska Natives in

Tribal Areas: A Report From the Assessment of American Indian, Alaska Native, and Native Hawaiian Housing Needs,

prepared for the U.S. Department of Housing and Urban Development, Office of Policy Development and Research,

January 2017, https://www.huduser.gov/portal/sites/default/files/pdf/HNAIHousingNeeds.pdf. See, in particular, pp.

xviii-xxii and 63-73.

61 Ibid., p. xv; and David Listokin, Kenneth Temkin, Nancy Pindus, et al., Mortgage Lending on Tribal Land: A Report

From the Assessment of American Indian, Alaska Native, and Native Hawaiian Housing Needs, prepared for U.S.

Department of Housing and Urban Development, Office of Policy Development and Research, January 2017, p. vii,

https://www.huduser.gov/portal/sites/default/files/pdf/NAHSG-Lending.pdf.

62 Kristen Corey, Jennifer Biess, Nancy Pindus, et al., Housing Needs of Native Hawaiians: A Report from the

(continued...)

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several bills related to Native American housing were active. These included bills to reauthorize

the Native American Housing Assistance and Self-Determination Act (NAHASDA), though they

were not enacted. It also included other bills related to Native American housing, including

certain changes to VA loans for Native American veterans enacted in December 2024.

NAHASDA Reauthorization Efforts

NAHASDA authorizes the Indian Housing Block Grant (IHBG), the largest federal program that

provides housing assistance for tribes. Through the IHBG, HUD provides formula funding to

federally recognized tribes and Alaska Native villages that can be used for a range of affordable

housing activities. As amended, NAHASDA also authorizes the Native Hawaiian Housing Block

Grant (NHHBG), which provides funding for affordable housing activities that benefit Native

Hawaiians eligible to reside on the Hawaiian Home Lands.

The most recent authorization for most NAHASDA programs expired at the end of FY2013,

although Congress has continued to fund NAHASDA programs in annual appropriations laws.63

NAHASDA reauthorization legislation has been introduced and considered to varying degrees in

every Congress since the 113th, but none has ultimately been enacted.

In the 118th Congress, NAHASDA reauthorization bills were introduced in both the Senate and

the House. In the Senate, the Native American Housing Assistance and Self-Determination Act of

2023 (S. 2285) was ordered to be reported by the Senate Committee on Indian Affairs in July

2023. Shortly thereafter, language that was largely similar to S. 2285 was included in the Senatepassed version of the National Defense Authorization Act for Fiscal Year 2024 (NDAA; S. 2226).

Both the standalone NAHASDA reauthorization bill and the language in the Senate-passed

NDAA would have reauthorized the IHBG and NHHBG for a number of years, made certain

changes to the IHBG program, and included provisions related to certain other Native American

housing programs.64 The NAHASDA provisions were not included in the enacted version of the

FY2024 NDAA (P.L. 118-31). A separate NAHASDA reauthorization bill (H.R. 6949) that

differed from the Senate bill in some ways was introduced in the House in January 2024.

No NAHASDA reauthorization legislation was ultimately enacted during the 118th Congress.

Other Bills Related to Native American Housing

Other bills focused on Native American housing were also considered during the 118th Congress.

In December 2024, changes to the Department of Veterans Affairs’ Native American Direct Loan

(NADL) program65 were enacted as part of the Senator Elizabeth Dole 21st Century Veterans

Healthcare and Benefits Improvement Act (P.L. 118-210). That law also included provisions

establishing a relending program through which VA can lend funding to Native Community

Development Financial Institutions (Native CDFIs) to provide home loans to qualified Native

American veterans living on trust land. The relending program has a sunset date of September 30,

Assessment of American Indian, Alaska Native, and Native Hawaiian Housing Needs, U.S. Department of Housing and

Urban Development, Office of Policy Development and Research, May 2017, https://www.huduser.gov/portal/sites/

default/files/pdf/HNNH.pdf.

63 The NHHBG has not been reauthorized since its original authorization expired in FY2005, although it has generally

continued to receive funding in appropriations acts.

64 While the NAHASDA language in the Senate-passed version of the NDAA was largely similar to the committeereported bill, there were some differences.

65 For more information on the NADL, see CRS Report R42504, VA Housing: Guaranteed Loans, Direct Loans, and

Specially Adapted Housing Grants under the heading “Direct Loans for Native American Veterans (Including Guam,

American Samoa, and CNMI).”

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2027. Both the NADL changes and the Native CDFI relending program for VA loans had been

included in a standalone bill, the Native American Direct Loan Improvement Act (S. 185), which

was ordered to be reported by the Senate Committee on Veterans Affairs in February 2023.

Other bills considered in the 118th Congress included the Tribal Trust Land Homeownership Act

(S. 70), which would have required the Bureau of Indian Affairs (BIA) to produce title status

reports for mortgages on trust land within certain timeframes and included other provisions

related to BIA procedures; it was passed by the Senate in July 2023. An identical bill (H.R. 3579)

was introduced in the House. In addition, S. 1389 and S. 2790, the Rural Housing Service Reform

Act of 2023 (discussed above), both included a provision that would have formally authorized an

existing USDA Rural Housing Service demonstration program that lends Section 502 direct loan

funding to Native CDFIs to relend to eligible homebuyers in tribal communities.66 A standalone

bill, the Native American Rural Homeownership Improvement Act of 2023 (S. 1941), would also

have formally authorized this program; like the Rural Housing Service Reform Act, this bill was

introduced by the Chair of the Senate Banking Committee’s Housing, Transportation, and

Community Development subcommittee.

Status of COVID-19 Supplemental Funding for Housing

In response to housing-related concerns caused by the COVID-19 pandemic, the 116th and 117th

Congresses provided supplemental funding for several new and existing housing programs,

including in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act, P.L. 116136),67 the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Division M

of P.L. 116-260), and the American Rescue Plan Act of 2021 (ARPA, P.L. 117-2).68 Congress has

expressed interest in the distribution, usage, and effectiveness of this funding, and the Fiscal

Responsibility Act of 2023 (FRA; P.L. 118-5) rescinded a portion of unspent COVID-19 relief

funding for several housing programs.69

Treasury Programs

Some of the COVID-19-related housing funding was provided to the Department of the Treasury

for a new Emergency Rental Assistance (ERA) program and a new Homeowner Assistance Fund

(HAF) designed to keep renters and homeowners, respectively, in their homes.

Treasury received two rounds of funding for ERA: ERA-1 ($25.0 billion) was funded in the

FY2021 COVID-19 supplemental appropriations law and ERA-2 ($21.6 billion) was funded by

ARPA. The obligation period for ERA-1 expired in the 117th Congress. Grantees have until

September 2025 to obligate ERA-2 funding. Grantees with slow obligation and expenditure rates

66 For more information on the Native CDFI Relending Demonstration Program, see USDA’s website at

https://www.rd.usda.gov/programs-services/single-family-housing-programs/native-community-development-financialinstitution-relending-demonstration-program.

67 For more information, see CRS Insight IN11319, Funding for HUD in the CARES Act.

68 For more information, see CRS Insight IN11641, Housing Funding in the American Rescue Plan Act of 2021.

69 Specifically, the FRA rescinded unobligated balances of funding that were provided in the CARES Act for TenantBased Rental Assistance (§25 of the FRA), Native American housing programs (§26), Housing for Persons with

Disabilities (§27), Project-Based Rental Assistance (§28), and Housing for the Elderly (§29); funding that was provided

in the 2021 Consolidated Appropriations Act for Emergency Rental Assistance (or ERA-1) (§36); and funding that was

provided in the ARPA for Fair Housing activities (§30), Native American housing programs (§59), and certain rural

housing programs (§63). The Congressional Budget Office (CBO) score did not include separate estimates of the

amount of the rescissions for these housing programs, as they did not include estimates for accounts where rescissions

were estimated to be under $50 million. See the CBO table at https://www.cbo.gov/system/files/2023-06/59225Rescissions.pdf.

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were subject to recapture and reallocation of their funding; there were two rounds of ERA-2

funding reallocation during the 118th Congress, in January and April 2023.70 Through the second

quarter of 2024 (the period covered by the most recent program expenditure reports published by

Treasury as of the cover date of this report), grantees had spent nearly $42 billion in ERA funds to

make almost 15 million payments to households.71 (For more information about ERA, see CRS

Report R46688, Pandemic Relief: The Emergency Rental Assistance Program.)

Treasury received $9.6 billion for HAF in ARPA. Grantees have until September 30, 2026, to use

their funds to provide assistance to eligible homeowners. Through the second quarter of 2024 (the

period covered by the most recent program expenditure reports published by Treasury as of the

cover date of this report), states and other eligible entities had obligated $8.5 billion and

expended $8.3 billion providing assistance to nearly 550,000 homeowners.72

HUD Programs

Other pandemic-related funding was provided to HUD for a variety of programs and activities,

including supplemental funding for CDBG, the HOME Investment Partnerships Program

(HOME), Emergency Solutions Grants (ESG), Native American housing programs, and

emergency housing vouchers. Some of this funding received attention in the 118th Congress

because of expenditure deadlines or general oversight questions.

For example, HUD received $5 billion from ARPA for new Emergency Housing Vouchers

(EHVs), which are HCVs for persons who are homeless or at high risk of housing instability.

HUD used this funding to award 70,000 new vouchers to local public housing authorities (PHAs)

across the country in May 2021. Some PHAs initially struggled to lease-up the vouchers (i.e.,

award them to eligible households who successfully locate a unit that will accept the voucher). In

an attempt to improve leasing, HUD issued guidance to PHAs on how they could voluntarily

return EHVs to HUD to be reallocated to other PHAs more likely to use them.73 The agency also

announced in 2022 a process by which it could revoke EHVs from PHAs that had not

successfully leased any of their vouchers, and reallocate them to other PHAs, identifying up to 22

agencies at risk of revocation because they had leased none of their EHVs.74 A second

announcement in 2023 identified 38 PHAs potentially at risk of revocation because they had

leased less than 75% of their EHVs.75 As of November 2023, approximately 87% of awarded

70 Information about ERA reallocations can be found at https://home.treasury.gov/policy-issues/coronavirus/assistance-

for-state-local-and-tribal-governments/emergency-rental-assistance-program.

71 According to Treasury data, ERA1 expenditures totaled $22.69 billion from Q12021-Q42022, and those funds served

3.9 million unique households with 6.8 million payments (https://home.treasury.gov/system/files/136/Q1-2021-Q42022-ERA-Demographic-Data.xlsx); ERA 2 expenditures totaled $19.15 billion from Q2 2021-Q2 2024, and those

funds served 3 million unique households with 8 million payments (https://home.treasury.gov/system/files/136/ERA2Cumulative-Program-Data-Q2-2021-Q2-2024.xlsx). Treasury data do not specify if the unique households figures from

ERA-1 and ERA-2 include any overlap.

72 U.S. Department of Treasury, Homeowner Assistance Fund Quarterly Data through Q2, 2024, available at

https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal-governments/homeownerassistance-fund/reporting. In addition to the Treasury reporting, some states maintain public dashboards with data on

HAF program activity. The National Council of State Housing Agencies provides links to state HAF program

dashboards at https://www.ncsha.org/homeowner-assistance-fund/.

73 See HUD Notice PIH 2022-06, Emergency Housing Vouchers – Reallocation of Awards, March 10, 2022.

74 See HUD Notice PIH 2022-22, Revoke and Reallocation of Emergency Housing Voucher Awards, August 11, 2022.

75 See HUD Notice PIH 2023-31, Revocation and Reallocation of Emergency Housing Voucher Awards CY2024,

October 13, 2023.

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EHVs were under lease.76 As of September 30, 2023, PHAs could not reissue EHVs when a

family receiving one leaves the program; never-leased vouchers can continue to be issued. This

means that the number of EHV vouchers will decrease over time, as families exit the program and

their vouchers are not reissued. As of December 2024, there were 61,130 EHVs under lease.77

In addition, HUD’s Office of Inspector General (OIG) has been conducting oversight related to

HUD programs and COVID-19, including work on HUD’s administration of supplemental

funding provided in response to the pandemic.78 For example, over the last few years, the HUD

OIG released reports discussing implementation challenges, or lack thereof, faced by grantees

under certain programs.79 It has also released inventories of potential fraud schemes that could

affect supplemental COVID-19 funding to assist HUD in safeguarding pandemic relief funds.80

Homelessness

According to HUD point-in-time (PIT) count data, the number of people experiencing

homelessness in 2023 reached its highest level since 2007. The PIT count, overseen by HUD and

administered at the state and local level, is perhaps the most consistent and comprehensive

measure of people experiencing homelessness. The PIT count is meant to capture the number of

people experiencing unsheltered homelessness (living in places not meant for human habitation)

and sheltered homelessness (living in emergency shelter or transitional housing) on one night in

January each year. The number of people experiencing homelessness as measured in the 2023 PIT

count was 653,104, an increase of 12% compared to 2022; in 2007, the PIT count was 647,258

people.81

Both the number of people who were unsheltered and sheltered increased in the 2023 PIT count

compared to recent years. The unsheltered population began gradually increasing each year from

76 HUD Emergency Housing Voucher Dashboard, available at https://www.hud.gov/program_offices/

public_indian_housing/ehv/dashboard, accessed 11/2023.

77 Ibid; accessed 12/6/2024.

78 See the HUD OIG’s website at https://www.hudoig.gov/priority-focus-areas/covid-19-oversight. See also the HUD

OIG’s list of ongoing work at https://hudoig.gov/library/ongoing-work, which includes some work related to COVID19 funding.

79 See, for example, HUD OIG, HUD’s Assistance and Grantee Challenges With the Office of Native American

Programs’ COVID-19 Recovery Programs, 2023-LA-0005, July 28, 2023, https://www.hudoig.gov/reportspublications/report/huds-assistance-and-grantee-challenges-office-native-american-programs; HUD OIG, Community

Development Block Grant CARES Act Implementation Challenges, 2022-LA-0003, September 28, 2022,

https://hudoig.gov/reports-publications/report/community-development-block-grant-cares-act-implementationchallenges; Emergency Solutions Grants CARES Act Implementation Challenges, 2022-LA-0002, August 17, 2022,

https://www.hudoig.gov/reports-publications/report/emergency-solutions-grants-cares-act-implementation-challenges;

and Public Housing Agencies’ Experiences and Challenges Regarding the Administration of HUD’s CARES Act Funds,

2022-CH-0801, November 16, 2021, https://hudoig.gov/reports-publications/memorandum/public-housing-agenciesexperiences-and-challenges-regarding.

80 See, for example, HUD OIG, Fraud Risk Inventory for the Tenant- and Project-Based Rental Assistance, HOME,

and Operating Fund Programs’ CARES and ARP Act Funds, 2022-FO-0007, September 29, 2022, https://hudoig.gov/

reports-publications/report/fraud-risk-inventory-tenant-and-project-based-rental-assistance-home; and Fraud Risk

Inventory for the CDBG and ESG CARES Act Funds, 2022-FO-0801, October 12, 2021, https://hudoig.gov/reportspublications/report/fraud-risk-inventory-cdbg-and-esg-cares-act-funds.

81 HUD notes 2007 as the year PIT count reporting began. See HUD, The 2023 Annual Homelessness Assessment

Report (AHAR) to Congress, December 2023, p. 4, https://www.huduser.gov/portal/sites/default/files/pdf/2023-AHARPart-1.pdf (hereinafter 2023 AHAR). PIT counts also took place in 2005 and 2006. The reports can be found at

https://www.huduser.gov/portal/datasets/ahar.html. But while PIT count data from 2007-2014 were adjusted with the

release of the 2015 PIT count, data from the earlier reports were not adjusted. See The 2015 Annual Homelessness

Assessment Report (AHAR) to Congress, November 2015, p. 8, https://www.huduser.gov/portal/sites/default/files/pdf/

2015-AHAR-Part-1.pdf.

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a low of 173,268 in 2015 to 256,610 in 2023, an increase of 48% and the highest number

captured in HUD reporting (exceeding 2007, when 255,857 people were unsheltered).82 The

number of people experiencing sheltered homelessness in 2023 was 396,494, an increase of

nearly 14% from 2022, and the highest it has been since 2010, when 403,543 people were living

in shelter.83

Prior to the 2023 PIT count, the overall reported number of people experiencing homelessness

had remained relatively stable from 2013 through 2022 despite growing housing affordability

challenges (see “Housing Market Conditions”).84 It is possible that resources made available due

to the COVID-19 pandemic provided housing support for people who might otherwise have been

at risk of homelessness.85 Between the CARES Act and ARPA, Congress appropriated nearly $15

billion for HUD programs targeted specifically to assist people experiencing homelessness, and

ERA and state and local fiscal recovery funds were also used to assist people at risk of housing

instability and homelessness.86 As these resources expire, the risk of homelessness for some

people may be increasing.87

Leading into the 118th Congress, the U.S. Interagency Council on Homelessness (USICH)

released All In: The Federal Strategic Plan to Prevent and End Homelessness.88 This report was

the most recent in a series of plans to prevent and end homelessness released by USICH, as

required by statute.89 On March 8, 2023, the Senate Banking Committee Subcommittee on

Housing, Transportation, and Community Development held a hearing on the plan.90

82 2023 AHAR, p. 2.

83 Ibid.

84 Between 2013 and 2022, the overall PIT count did not increase or decrease by more than 3% from one year to the

next.

85 U.S. Department of Housing and Urban Development, “Data Reports Show that Surge in Homelessness Was Averted

During COVID-19 National Emergency,” press release, August 22, 2023, https://www.hud.gov/press/

press_releases_media_advisories/hud_no_23_178.

86 For more information on ERA, see CRS Report R46688, Pandemic Relief: The Emergency Rental Assistance

Program. See also, National Council of State Housing Finance Agencies, States Are Using Fiscal Recovery Funds for

Affordable Housing, https://www.ncsha.org/advocacy-issues/coronavirus-state-and-local-fiscal-recovery-funds/,

accessed April 17, 2023.

87 See, for example, Katie Shepherd, “Local Md. officials plead for state aid as pandemic rent relief wanes,”

Washington Post, March 13, 2023, https://www.washingtonpost.com/dc-md-va/2023/03/13/pandemic-rent-reliefwaning-maryland/.

88 U.S. Interagency Council on Homelessness, All In: The Federal Strategic Plan to Prevent and End Homelessness,

December 2022, https://www.usich.gov/All_In.pdf.

89 42 U.S.C. §11313(a)(1). Previously, USICH released Opening Doors, The Federal Strategic Plan to Prevent and

End Homelessness in 2010, and updated the report in 2011 and 2015. Another plan, Expanding the Toolbox, The Whole

of Government Response to Homelessness, was released in 2020.

90 U.S. Congress, Senate Committee on Banking, Housing, and Urban Affairs, Subcommittee on Housing,

Transportation, and Community Development, The Federal Strategic Plan to Prevent and End Homelessness, hearing,

118th Cong., 1st sess., March 8, 2023, https://www.banking.senate.gov/hearings/the-federal-strategic-plan-to-preventand-end-homelessness.

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Housing Quality

In committee reports accompanying appropriations measures, via targeted funding,91 in requests

for GAO reports,92 and through oversight hearings,93 some Members of Congress have expressed

concern about the physical quality of federally assisted housing specifically, as well as health and

safety problems present in the U.S. housing stock more broadly.

For federally assisted housing—much of which is subsidized through HUD programs—Congress

directed HUD to develop a standardized protocol to be used to inspect HUD-assisted housing

across programs to replace the agency’s multiple inspection systems.94 In response, HUD

launched what it termed the National Standards for the Physical Inspection of Real Estate

(NSPIRE) initiative to establish a new standardized inspection regime for HUD-assisted housing.

The NSPIRE standards are more directly focused on health and safety concerns than previous

inspections standards, and the initiative’s protocols are designed to increase consistency across

inspectors and allow for earlier intervention for properties in disrepair. NSPIRE was tested over

several years and began its implementation in 2023, although its full implementation is not

complete, as the compliance deadlines for several programs have been delayed until 2025.95

Additionally, Congress has approved several laws in recent years directing HUD to increase

safety requirements for federally assisted housing, including as they pertain to carbon

monoxide,96 radon,97 lead hazards,98 and fire safety.99 Some of these new requirements are

included in the NSPIRE protocols, but in the response to comments on the NSPIRE final rule,

91 See, for example, special funding for radon mitigation and lead risk assessments discussed later in this section.

92 See, for example, U.S. Government Accountability Office (GAO), Real Estate Assessment Center: HUD Should

Improve Physical Inspection Process and Oversight of Inspectors, GAO-19-254, March 21, 2019,

https://www.gao.gov/products/gao-19-254.

93 See, for example, U.S. Congress, Senate Committee on Banking, Housing, and Urban Affairs, Subcommittee on

Housing, Transportation, and Community Development, “Safe at Home: Preserving and Improving Federally Assisted

Housing, Examining Threats in Housing and Especially Public Housing,” hearing, 117 th Cong., 1st sess., July 20, 2021,

S.Rept. 117-570 (Washington, DC: GPO, 2023).

94 The history of congressional directives, beginning with the joint explanatory statement accompanying the FY2016

HUD appropriations act, is reviewed in the background section of HUD, “Notice of Continuation of Demonstration To

Test Proposed New Method of Assessing the Physical Conditions of Voucher-Assisted Housing,” 84 Federal Register

24416-24417, May 28, 2019.

95 HUD published the final NSPIRE rule on May 11, 2023. It stated that public housing inspections using NSPIRE

would begin on July 1, 2023, and multifamily and all other programs subject to inspections using NSPIRE would begin

on October 1, 2023. HUD, “Economic Growth Regulatory Relief and Consumer Protection Act: Implementation of

National Standards for the Physical Inspection of Real Estate (NSPIRE),” 88 Federal Register 30442, May 11, 2023

(hereinafter, “NSPIRE Final Rule”). HUD later extended the implementation date for programs other than public

housing and multifamily housing (including the HCV program and HUD grant programs) to October 1, 2024, then to

October 1, 2025. HUD, “Economic Growth Regulatory Relief and Consumer Protection Act: Implementation of

National Standards for the Physical Inspection of Real Estate (NSPIRE); Extension of NSPIRE Compliance Date for

HCV, PBV and Section 8 Moderate Rehab and CPD Programs,” 89 Federal Register 55645, July 5, 2024.

96

Section 101, Title I, Division Q of the Consolidated Appropriations Act, 2021 (P.L. 116-260) contained the text of

Carbon Monoxide Alarms or Detectors in Federally Insured Housing, requiring CO alarms or detectors to be installed

in certain HUD-assisted housing within two years of enactment.

97 In each of FY2021-FY2024, Congress has funded a radon testing and mitigation resident safety demonstration. It

was funded in the Public Housing Fund account in FY2021 and in the Lead Hazard Reduction account in FY2022,

FY2023, and FY2024.

98 In FY2022 and FY2023, Congress funded a lead-based paint risk assessment demonstration in the Housing Choice

Voucher program in the Lead Hazard Reduction account.

99 Title VI, Division AA of the Consolidated Appropriations Act, 2023 (P.L. 117-328) contained the text of the Public

and Federally Assisted Housing Fire Safety Act of 2022, which requires the installation of hard-wired smoke detectors

in federally assisted housing.

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HUD states that it will “continue to update and publish guidance on other environmental hazards

that are not fully addressed by NSPIRE, such as radon, lead-based paint, carbon monoxide, and

other environmental health hazards. The NSPIRE inspection is not intended to serve as the only

way HUD assesses compliance with all environmental health laws and related requirements.”100

In terms of unassisted private market housing, the federal government has historically provided

resources to address residential lead-based paint hazards via grants to state and localities

administered by HUD. Since 2018, Congress has not only increased the funding it provides for

lead-based paint hazard reduction grants,101 it has also provided HUD with additional funds to

address other health and safety hazards in private, unassisted housing via the Healthy Homes

Initiative.102 Since FY2021, this has included funding for a new Older Adults Home Modification

grant program, which provides funding via nonprofits and public agencies to make safety and

functional home modification repairs and renovations for low-income elderly homeowners.

Implementation of Housing-Related Provisions in the Inflation

Reduction Act

The 117th Congress passed, and President Biden signed, budget reconciliation legislation known

as the Inflation Reduction Act (IRA, P.L. 117-169). While earlier versions of FY2022 budget

reconciliation legislation in the 117th Congress would have included significant new funding for

affordable housing programs,103 most of that proposed housing funding was not included in the

IRA. However, the IRA did include a number of programs that affect housing that were being

implemented during the 118th Congress.

HUD Green and Resilient Retrofit Program

The IRA provided $1 billion in mandatory funding—which can be used for grants and/or to

support up to $4 billion in loans—to HUD for a Green and Resilient Retrofit Program to fund

certain types of improvements to existing HUD-assisted multifamily properties. Specifically, this

funding can be used for loans or grants to finance projects that improve energy or water

efficiency, enhance indoor air quality or sustainability, implement the use of certain technologies,

or address climate resilience. Properties assisted through the Project-Based Section 8, Section

202, and Section 811 programs are eligible. HUD released an implementation notice and funding

availability announcement in May 2023 and has been accepting applications and making awards

on a rolling basis.104 HUD has stated that it intends to award approximately $2 billion in total

funding (both loans and grants);105 as of September 2024, HUD had reported making over $1

billion in awards (both loans and grants).106

100 NSPIRE Rule, p. 30457.

101 From FY2017 to FY2024, the amount of funding provided for Lead Hazard Reduction grants increased by 138%.

102 From FY2017 to FY2024, the amount of funding provided for Healthy Homes Initiative grants increased by 367%.

103 For a description of affordable housing funding included in earlier versions of the legislation, see CRS Report

R46916, FY2022 Reconciliation: Title IV, House Financial Services Committee Provisions.

104 HUD Notice H 2023-05, Green and Resilient Retrofit Program for Multifamily Housing (GRRP), May 11, 2023,

https://www.hud.gov/sites/dfiles/Housing/documents/H-2023-05_GRRP_Notice_issued_2023-05-11.pdf.

105 https://www.hud.gov/sites/dfiles/Housing/documents/GRRP_Overview_FactSheet.pdf

106 https://www.hud.gov/sites/dfiles/Housing/images/All_Cohorts_update_web_card_111824.JPG

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DOE Home Energy Rebate Programs

The IRA also included funding for two new home energy rebate programs107 through the

Department of Energy (DOE): $4.3 billion for Home Energy Performance-Based, Whole-House

Rebates, also known as the HOMES (Home Owner Managing Energy Savings) rebate program;

and $4.5 billion for a High-Efficiency Electric Home Rebate (HEEHR) program (of which $4.275

billion is for state energy offices and $225 million is for Indian tribes).108

•

HOMES provides rebates for energy efficiency upgrades that improve the overall energy

performance of single-family homes or multifamily buildings, with larger rebates for

households with incomes of less than 80% of area median income (AMI) or for dwellings

in multifamily buildings occupied by such households. Multifamily buildings are eligible

provided at least 50% of dwelling units are occupied by households with incomes less

than 80% of AMI.

•

HEEHR provides rebates for qualified electrification projects, such as purchase and

installation of certain electrical appliances. The percentage of the rebate depends on

whether the household has annual income below 80% of AMI, or from 80% to not greater

than 150% of AMI, with lower percentages for the latter. Projects for households with

incomes above 150% of AMI are generally not eligible. Multifamily buildings are

eligible provided at least 50% of the residents are households that satisfy the income

eligibility criteria.

DOE announced state allocations and program requirements in July 2023; it subsequently updated

its program requirements.109 DOE has been accepting states’ applications for the funds on a

rolling basis. Applications must be received by January 31, 2025, and states were to notify DOE

by August 16, 2024 if they intended to decline the funds for one or both programs.110 DOE’s

website provides a tracker that shows which states have launched their programs and which are

still in the application process at https://www.energy.gov/home-energy-rebates.

For the tribal HEEHR funding, DOE announced final tribal allocations111 and program

requirements112 in November 2023. DOE will accept applications from Indian tribes for this

107 Information on these rebate programs is available on DOE’s website at https://www.energy.gov/scep/home-energy-

rebate-programs-guidance and https://www.energy.gov/scep/tribal-home-energy-rebates. Frequently Asked Questions

are at https://www.energy.gov/scep/home-energy-rebate-programs-frequently-asked-questions.

108 Section 50121, Home Energy Performance-Based, Whole-House Rebates; and Section 50122, High-Efficiency

Electric Home Rebate Program. The IRA also provided $200 million for training and education for contractors

involved in these rebate programs; see Section 50123, State-Based Home Energy Efficiency Contractor Training

Grants.

109 Allocations and program requirements are available on DOE’s website at https://www.energy.gov/scep/homeenergy-rebates-application-guidance.

110 DOE, Inflation Reduction Act Home Energy Rebates, Home Efficiency Rebates Program (Sec. 50121) Home

Electrification and Appliance Rebates Program (Sec. 50122), Program Requirements & Application Instructions, v. 2,

June 17, 2024, https://www.energy.gov/sites/default/files/2024-06/program-requirements-and-applicationinstructions_061324.pdf.

111 DOE, Home Electrification and Appliance Rebates Program for Indian Tribes (Sec. 50122): Allocations to Indian

Tribes, https://www.energy.gov/sites/default/files/2023-11/Tribal-Allocations-11.9-1.pdf.

112 DOE, Inflation Reduction Act Home Energy Rebates, Home Electrification and Appliance Rebates Program for

Indian Tribes (Sec. 50122), Program Requirements & Application Instructions, November 17, 2023, available at

https://www.energy.gov/scep/articles/home-electrification-and-appliance-rebates-program-indian-tribes-programrequirements.

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funding on a rolling basis until May 1, 2025; tribes are to notify DOE by that date if they intend

to decline the funds.113

For both rebate programs, DOE guidance specifies that states must set aside at least 10% of funds

for eligible low-income multifamily housing. DOE has made multifamily affordable housing

properties that are receiving assistance under the primary federal housing assistance programs

categorically eligible for assistance under both programs. This includes public housing, Section 8

and other project-based rental assistance, LIHTC, and Housing Choice Vouchers (if at least 50%

of units in that property are occupied by voucher holders).114

For more information, see CRS In Focus IF12258, The Inflation Reduction Act: Financial

Incentives for Residential Energy Efficiency and Electrification Projects and CRS Report

R47698, Home Energy Rebates from the Inflation Reduction Act of 2022, P.L. 117-169:

Frequently Asked Questions.

EPA Greenhouse Gas Reduction Fund

The IRA provided $27 billion to the Environmental Protection Agency (EPA) for a new

Greenhouse Gas Reduction Fund (GGRF) to provide competitive grants to states, municipalities,

tribal governments, and certain nonprofits.115 The grants can be used to provide financial and

technical assistance for projects that reduce greenhouse gas emissions, with a focus on projects

that benefit low-income and disadvantaged communities.

While not focused on housing specifically, the GGRF may be used for some activities related to

housing. For example, one of the three competitions through which EPA made these funds

available, Solar for All, awarded funds to eligible entities to expand existing residential solar

programs, or develop and implement new residential solar programs, in low-income and

disadvantaged communities.116 The other two programs are a National Clean Investment Fund

that awarded grants to national nonprofits to provide financing for clean technology projects

nationwide, and a Clean Communities Investment Accelerator that awarded grants to nonprofits

to provide funding and technical assistance to support clean technology projects in low-income

and disadvantaged communities. Funds under both of these competitions can be used for certain

types of clean technology activities related to affordable and sustainable housing as well as other

types of investments.117 EPA announced awards under all three competitions in August 2024.118

For more information on the GGRF, see CRS In Focus IF12387, EPA’s Greenhouse Gas

Reduction Fund (GGRF).

113 DOE, Inflation Reduction Act Home Energy Rebates, Home Electrification and Appliance Rebates Program for

Indian Tribes (Sec. 50122), Program Requirements & Application Instructions, November 17, 2023.

114 DOE, Federal Programs Approved for Categorical Eligibility for DOE Home Energy Rebates (“Recognized

Programs”), v 1.1, October 13, 2023, https://www.energy.gov/scep/articles/ira-50121-50122-home-energy-rebatescategorical-eligibility-list.

115 Section 60103, Greenhouse Gas Reduction Fund. More information is available on EPA’s website at

https://www.epa.gov/greenhouse-gas-reduction-fund.

116 For more information, see EPA’s website at https://www.epa.gov/greenhouse-gas-reduction-fund/solar-all.

117 See the program information and award descriptions at https://www.epa.gov/greenhouse-gas-reduction-fund/

national-clean-investment-fund and https://www.epa.gov/greenhouse-gas-reduction-fund/clean-communitiesinvestment-accelerator.

118 EPA, “EPA Awards $27B in Greenhouse Gas Reduction Fund Grants to Accelerate Clean Energy Solutions,

Combat the Climate Crisis, and Save Families Money,” press release, August 16, 2024, https://www.epa.gov/

newsreleases/epa-awards-27b-greenhouse-gas-reduction-fund-grants-accelerate-clean-energy-solutions.

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Additional IRA Housing-Related Provisions

Other housing-related provisions in the IRA included extensions and modifications of existing

home energy tax incentives119 and funding to assist states and local governments in adopting and

implementing the latest building energy codes for residential and other buildings, including zeroenergy stretch codes.120 In addition, the IRA provided $150 million to the Bureau of Indian

Affairs (BIA) to provide assistance to tribes for zero-emissions home electrification purposes.121

BIA awarded this funding to tribes in two funding rounds, with grant awards announced in March

2024122 and September 2024.123

Fair Housing

The evolving administrative and judicial interpretations of certain requirements of the Fair

Housing Act, including rulemaking during the 118th Congress, have been of ongoing interest to

Congress.

Congress enacted the Fair Housing Act “to provide, within constitutional limitations, for fair

housing throughout the United States.”124 Congress passed the act in 1968 after years of private

and government-sanctioned housing discrimination that resulted in racially segregated

neighborhoods and unequal access to housing.125 As amended, the act prohibits discrimination in

119 Section 13301, Extension, Increase, and Modifications of Nonbusiness Energy Property Credit; Section 13302,

Residential Clean Electricity Credit; and Section 13304, Extension, Increase, and Modifications of New Energy

Efficient Home Credit.

120 Section 50131, Assistance for Latest and Zero Building Energy Code Adoption, provided $1 billion to DOE for this

purpose. Zero energy stretch codes refers to the voluntary zero energy provisions of the 2021 International Energy

Conservation Code or equivalent stretch code. A stretch code is one that exceeds the expected energy-efficiency

performance of a building energy code. For more information on this funding, see DOE’s website at

https://www.energy.gov/scep/technical-assistance-adoption-building-energy-codes.

121 Section 80003, Tribal Electrification Program. For more information, see BIA’s website at https://www.bia.gov/

service/electrification.

122 BIA, “Biden-Harris Administration Announces $72 Million from President’s Investing in America Agenda to

Electrify Homes Across Indian Country with Clean Energy,” press release, March 5, 2024, https://www.bia.gov/news/

biden-harris-administration-announces-72-million-presidents-investing-america-agenda-electrify.

123 BIA, “Biden-Harris Administration Announces $71 Million to Electrify Homes Across Indian Country with Clean

Energy through President’s Investing in America Agenda,” press release, September 26, 2024, https://www.doi.gov/

pressreleases/biden-harris-administration-announces-71-million-electrify-homes-across-indian.

124 42 U.S.C. §3601. The Fair Housing Act (42 U.S.C. §§3601-3631) was originally enacted as Title VIII of the Civil

Rights Act of 1968 (P.L. 90-284).

125 See NAACP v. HUD, 817 F.2d 149, 154-55 (1st Cir. 1987); Nat’l Fair Hous. All. v. Carson, 330 F. Supp. 3d 14, 24

(D.D.C. 2015). See also Thomas J. Sugrue, “From Jim Crow to Fair Housing,” in The Fight for Fair Housing: Causes,

Consequences, and Future Implications of the 1968 Fair Housing Act, ed. Gregory D. Squires (New York, NY:

Routledge, an imprint of the Taylor & Francis Group, 2018), pp. 14-27.

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the sale, rental, or financing of housing based on race, color, religion, national origin, sex,126

familial status, and disability.127

The Fair Housing Act bars intentional discrimination, through which plaintiffs allege that a

defendant made a housing decision based on “a discriminatory intent or motive.”128 In addition,

HUD and courts had historically recognized that the act also bars disparate impact (also referred

to as discriminatory effects) discrimination—“facially neutral [housing] decision[s]” that have “a

disproportionately adverse effect on [a protected class] and [are] otherwise unjustified by a

legitimate rationale.”129 However, the Supreme Court, in the 2005 decision Smith v. City of

Jackson, Mississippi130 (a case involving the federal Age Discrimination in Employment Act of

1967 [ADEA]), indirectly called into question past decisions that had held that disparate impact

claims are cognizable (i.e., viable) under the Fair Housing Act.

In Smith, the Court held that the ADEA supports disparate impact claims in part because the law

expressly prohibits actions that “adversely affect” a protected class.131 Due to the absence of

similar statutory language in the Fair Housing Act, various court decisions following Smith raised

questions about whether the act supports disparate impact claims, and if it does, what test courts

should apply to evaluate them.132

The Supreme Court settled some of this uncertainty in a 2015 opinion, holding that disparate

impact claims are cognizable under the Fair Housing Act while providing guidance to HUD and

lower courts regarding how such claims should be assessed.133 During the Obama, Trump, and

126 HUD has interpreted sex-based discrimination to include discrimination on the basis of gender identity and sexual

orientation, in line with the Supreme Court’s decision in Bostock v Clayton Cty., 140 S. Ct. 1731, 1737 (2020) (holding

that Title VII of the Civil Rights Act of 1964, which bars workplace discrimination on the basis of sex also forbids

employers from making employment decisions based on an employee’s gender identity or sexual orientation). See

HUD, “Housing Discrimination and Persons Identifying as Lesbian, Gay, Bisexual, Transgender, and/or

Queer/Questioning (LGBTQ),” https://www.hud.gov/program_offices/fair_housing_equal_opp/

housing_discrimination_and_persons_identifying_lgbt. For additional background on Bostock’s potential application to

the Fair Housing Act, see CRS Report R46832, Potential Application of Bostock v. Clayton County to Other Civil

Rights Statutes.

127 See P.L. 104-76 (authorizing certain housing for older persons); and P.L. 100-430 (adding protections for the

disabled and families with children).

128 Tex. Dep’t of Hous. & Cmty. Affs. v. Inclusive Cmties. Project, 576 U.S. 519, 524 (2015) (internal quotation marks

omitted). See generally, Bank of Am. v. City of Miami, 581 U.S. 189, 194 (2017).

129 Metro. Hous. Dev. Corp. v. Vill. of Arlington Heights, 558 F.2d 1283, 1290 (7th Cir. 1977). There are two types of

disparate impact discrimination: “The first occurs when that decision has a greater adverse impact on one [protected]

group than on another. The second is the effect which the decision has on the community involved; if it perpetuates

segregation and thereby prevents interracial association it will be considered invidious under the Fair Housing Act

independently of the extent to which it produces a disparate effect on different racial groups.” Ibid.

130 544 U.S. 228 (2005).

131 Ibid. at 235-238.

132 See, for example, Am. Ins. Assoc. v. U.S. Dep’t of Hous. & Urban Dev., 74 F. Supp. 3d 30 (D.D.C. 2014)

(interpreting the Fair Housing Act as only prohibiting intentional discrimination, not discriminatory effects, and

vacating HUD’s 2013 rule). The district court’s decision was subsequently vacated and remanded for reconsideration in

accordance with the Supreme Court’s Inclusive Communities ruling. Am. Ins. Assoc. v. U.S. Dep’t of Hous. and Urban

Dev., No. 14-5321 (D.C. Cir. Sept. 23, 2015) (per curiam). The Supreme Court also granted certiorari in two cases to

address the question of whether disparate impact claims were cognizable under the Fair Housing Act, which signaled to

many that the Court was likely to reverse the prevailing understanding that the act bars disparate impact discrimination.

Twp. of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., 570 U.S. 904 (2013); and Magner v. Gallagher,

565 U.S. 1013 (2011). Both cases were dismissed before the Court heard any argument. Twp. of Mount Holly v. Mt.

Holly Gardens Citizens in Action, Inc., 571 U.S. 1023 (2013); Magner v. Gallagher, 565 U.S. 1187 (2012). See also

Joshua Thompson and Ralph Kasarda, Symposium: Just give the Court a Chance, SCOTUSblog (January 6, 2015),

https://www.scotusblog.com/2015/01/symposium-just-give-the-court-a-chance/.

133 Tex. Dep’t of Hous. & Cmty Affs. v. Inclusive Cmties. Project, 135 S. Ct. 2507576 U.S. 519, 545 (2015).

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Biden Administrations, HUD issued differing regulations to implement disparate impact liability

post-Smith, which sparked litigation.134

In addition to prohibiting discrimination, the Fair Housing Act imposes a broad mandate on HUD

and all other federal “executive departments and agencies [to] administer their programs and

activities relating to housing and urban development ... in a manner affirmatively to further the

purposes of [the Fair Housing Act].”135 This mandate, known as affirmatively furthering fair

housing (AFFH), is not further delineated in the statute, and the Obama, Trump, and Biden

Administrations have implemented the mandate differently.

Disparate Impact Discrimination

Amidst the uncertainty regarding disparate impact discrimination under the Fair Housing Act

following the Supreme Court’s Smith opinion discussed above,136 HUD, for the first time in

February 2013 (during the Obama Administration), issued regulations to “formalize HUD’s longheld interpretation of the availability of ‘discriminatory effects’ liability under the Fair Housing

Act and to provide nationwide consistency in the application of that form of liability.”137 In 2014,

a federal district court briefly vacated the 2013 disparate impact rule after holding that disparate

impact claims are not cognizable under the Fair Housing Act and that HUD had exceeded its

statutory authority in issuing the rule.138 About a year later, a federal appellate court vacated the

district court’s decision and remanded proceedings for reconsideration in accordance with the

Supreme Court’s 2015 decision, Texas Department of Housing and Community Affairs v.

Inclusive Communities Project, Inc.139 In Inclusive Communities, the Supreme Court held that

disparate impact claims are cognizable under the Fair Housing Act.140 The Court’s decision did

not expressly adopt the disparate impact test implemented by HUD’s 2013 rule; rather, the Court

adopted a three-step burden-shifting test using language similar, but not identical, to the 2013 rule

and outlined a number of limiting factors that lower courts and HUD should apply when

assessing disparate impact claims.141

In September 2020, near the end of the Trump Administration, HUD issued a final rule intended

“to better reflect the Supreme Court’s 2015 [Inclusive Communities] ruling.”142 The 2020 rule

would have significantly altered the 2013 rule by, among other things, imposing new pleading

requirements on plaintiffs to maintain a prima facie disparate impact claim and establishing new

defenses that a defendant could use to rebut disparate impact claims. Shortly after the rule’s

134 See, for example, Mass. Fair Hous. Ctr. v. U.S. Dep’t of Hous. & Urban Dev., 496 F. Supp. 3d 600, 603 (D. Mass.

2020), government appeal voluntarily dismissed, No 21-1003 (1st Cir. Feb. 18, 2021)); Am. Ins. Assoc. v. U.S. Dep’t of

Hous. & Urban Dev., 74 F. Supp. 3d 30 (D.D.C. 2014), vacated and remanded, No. 14-5321 (D.C. Cir. Sept. 23, 2015)

(per curiam).

135 42 U.S.C. §3608(d).

136 See supra n. 66-67 and surrounding text.

137 HUD, “Implementation of the Fair Housing Act’s Discriminatory Effects Standard,” 78 Federal Register 11460,

February 15, 2013, https://www.federalregister.gov/documents/2013/02/15/2013-03375/implementation-of-the-fairhousing-acts-discriminatory-effects-standard.

138 Am. Ins. Assoc., 74 F. Supp. 3d at 32 (interpreting the Fair Housing Act as only prohibiting intentional

discrimination, not discriminatory effects, and vacating HUD’s 2013 rule).

139 Am. Ins. Assoc. v. U.S. Dep’t of Hous. & Urban Dev., No. 14-5321 (D.C. Cir. Sept. 23, 2015) (per curiam).

140 576 U.S. 519 (2015).

141 Ibid. at 531-545.

142 HUD, “Implementation of the Fair Housing Act’s Disparate Impact Standard,” 85 Federal Register 60288,

September 24, 2020, https://www.federalregister.gov/documents/2020/09/24/2020-19887/huds-implementation-of-thefair-housing-acts-disparate-impact-standard.

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issuance, housing advocates filed a lawsuit in federal district court alleging that the 2020 rule

should be set aside because it was an arbitrary and capricious interpretation of the law in violation

of the Administrative Procedure Act (APA).143 Before the 2020 rule went into effect, the district

court issued a preliminary injunction enjoining HUD from implementing and enforcing that rule,

which had the effect of keeping the 2013 rule in place.144

The court explained that the 2020 rule constituted a “massive overhaul” of the 2013 rule by

“introducing new, onerous pleading requirements,” “easing the burden on defendants of justifying

a policy with discriminatory effect while at the same time rendering it more difficult for plaintiffs

to rebut that justification,” and “arm[ing] defendants with broad new defenses.”145 In the court’s

view, these alterations “weaken[ed], for housing discrimination victims and fair housing

organizations, disparate impact liability under the Fair Housing Act.”146 HUD argued that these

changes were justified because they brought the rule into alignment with Inclusive Communities

and “provide[d] better clarity to the public.”147 The court concluded that these major changes,

“which r[a]n the risk of neutering disparate impact liability under the Fair Housing Act,

appear[ed] inadequately justified” and “accomplish[ed] the opposite of clarity.”148 Consequently,

the court held that the plaintiffs demonstrated “a substantial likelihood of success on the merits as

to their claim that the 2020 Rule [wa]s arbitrary and capricious under the APA.”149

On January 26, 2021, President Biden issued a memorandum directing HUD to “take all steps

necessary to examine the effects of the [2020 rule].”150 HUD responded to this presidential

directive by voluntarily dismissing its appeal of the federal district court’s injunction151 and

proposing a regulation that would recodify the 2013 rule and effectively rescind the 2020 rule.152

In the proposed rule issued on June 25, 2021, HUD expressed its belief “that the practical effect

of the 2020 Rule’s amendments [wa]s to severely limit HUD’s and plaintiffs’ use of the

discriminatory effects framework in ways that substantially diminish that frameworks’

effectiveness in accomplishing the purposes that Inclusive Communities articulated.”153 HUD

further explained that “the 2013 Rule has provided a workable and balanced framework for

investigating and litigating discriminatory effects claims that is consistent with the Act, HUD’s

own guidance, Inclusive Communities, and other jurisprudence.”154

143 Mass. Fair Hous. Ctr. v. U.S. Dep’t of Hous. & Urban Dev., 496 F. Supp. 3d 600, 603 (D. Mass. 2020).

144 Ibid. at 612.

145 Ibid. at 606-608.

146 Ibid. at 607.

147 Ibid. at 610.

148 Ibid. at 611.

149 Ibid.

150 The White House, “Memorandum on Redressing Our Nation’s and the Federal Government’s History of

Discriminatory Housing Practices and Policies,” January 26, 2021, https://www.whitehouse.gov/briefing-room/

presidential-actions/2021/01/26/memorandum-on-redressing-our-nations-and-the-federal-governments-history-ofdiscriminatory-housing-practices-and-policies/.

151 Mass. Fair Hous. Ctr. v. U.S. Dep’t of Hous. & Urban Dev., No 21-1003 (1st Cir. Feb. 18, 2021).

152 HUD, “Reinstatement of HUD’s Discriminatory Effects Standard,” 86 Federal Register 33590, June 25, 2021,

https://www.federalregister.gov/documents/2021/06/25/2021-13240/reinstatement-of-huds-discriminatory-effectsstandard.

153 Ibid. at 33594.

154 Ibid.

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In March 2023, HUD issued a final rule reinstating the 2013 rule.155

Affirmatively Furthering Fair Housing

HUD has applied the AFFH requirement to formula grantees and public housing authorities

(collectively called program participants) first through program guidance and then through

regulations. At the beginning of the 118th Congress, the Biden Administration published a

proposed AFFH rule in the Federal Register.156 Comments on the Biden Administration’s

proposed rule were due April 24, 2023; however, a final rule was not issued.157 The proposed rule

would have replaced an interim final rule that took effect in June 2021 after the Biden

Administration repealed a final rule issued by the Trump Administration.158 The first AFFH rule,

issued by the Obama Administration in 2015,159 had been replaced by the Trump Administration

rule, which became final on September 7, 2020.160

AFFH rules have been controversial, and in past Congresses legislation has been introduced to

curb their application.161 In the 118th Congress, the House Appropriations Committee-passed

version of the FY2024 Departments of Transportation, HUD, and Related Agencies

Appropriations Act (H.R. 4820) included a general provision that would have prevented HUD

from using funds from the bill to implement, administer, or enforce the Biden Administration

interim or proposed AFFH rules.162

The meaning of AFFH is not defined in statute, and various court decisions regarding HUD’s

obligations under the mandate have concluded that it means more than refraining from

discrimination.163 A 1987 federal appellate court decision examined the Fair Housing Act’s

legislative history and concluded that the “law’s supporters saw the ending of discrimination as a

155 HUD, “Reinstatement of HUD’s Discriminatory Effects Standard,” 88 Federal Register 19450-19500, March 31,

2023, https://www.federalregister.gov/documents/2023/03/31/2023-05836/reinstatement-of-huds-discriminatoryeffects-standard.

156 HUD, “Affirmatively Furthering Fair Housing,” 88 Federal Register 8516, February 9, 2023,

https://www.federalregister.gov/documents/2023/02/09/2023-00625/affirmatively-furthering-fair-housing.

157 HUD, “HUD Announces Public Comment Period Extended by 2 Weeks Affirmatively Furthering Fair Housing

(AFFH) Proposed Rule,” press release, April 5, 2023, https://www.hud.gov/press/press_releases_media_advisories/

hud_no_23_070.

158 HUD, “Restoring Affirmatively Furthering Fair Housing Definitions and Certifications,” 86 Federal Register

30779, 30783, June 10, 2021, https://www.federalregister.gov/documents/2021/06/10/2021-12114/restoringaffirmatively-furthering-fair-housing-definitions-and-certifications.

159 HUD, “Affirmatively Furthering Fair Housing,” 80 Federal Register 42353, July 16, 2015,

https://www.federalregister.gov/documents/2015/07/16/2015-17032/affirmatively-furthering-fair-housing.

160 HUD, “Preserving Community and Neighborhood Choice,” 85 Federal Register 47899, August 7, 2020,

https://www.federalregister.gov/documents/2020/08/07/2020-16320/preserving-community-and-neighborhood-choice.

161 For example, in the 114th Congress, the Local Zoning Decisions Protection Act of 2015 (S. 1909) would have

prohibited federal funds from being used to administer, implement, or enforce the AFFH rule (similar versions were

introduced in the 115th Congress). In the 115th Congress, the Restoring Fair Housing Protections Eliminated by HUD

Act of 2018 (H.R. 6220) would have reinstated the Obama Administration AFFH rule. In the 116 th Congress, the

Economic Justice Act (S. 5065) would have repealed the Trump Administration rule.

162 The FY2025 Departments of Transportation, Housing and Urban Development, and Related Agencies

Appropriations Act (H.R. 9028), introduced in the House, contained the same general provision.

163 See, for example, NAACP v. HUD, 817 F.2d 149, 155 (1st Cir. 1987) (“Finally, every court that has considered the

question has held or stated that Title VIII imposes upon HUD an obligation to do more than simply refrain from

discriminating (and from purposefully aiding discrimination by others).”); Nat’l Fair Housing Alliance v. Carson, 330

F. Supp. 3d 14, 25 (D.D.C. 2015) (same).

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means toward truly opening the nation’s housing stock to persons of every race and creed.”164

With that goal in mind, the court stated:

This broader goal suggests an intent that HUD do more than simply not discriminate itself;

it reflects the desire to have HUD use its grant programs to assist in ending discrimination

and segregation, to the point where the supply of genuinely open housing increases. 165

The Biden Administration’s proposed AFFH rule would have applied some aspects of the Obama

Administration rule, but the process was meant to be less onerous for program participants, which

was a criticism of the Obama-era rule.166 The proposed rule would have defined AFFH in a

similar way to the Obama Administration rule.167 Program participants would have identified fair

housing issues in their communities and would then have established fair housing goals to

overcome the issues; submitted an Equity Plan to HUD laying out their analysis, issues, and

goals; and reported annually on progress toward their goals.

For more information, see CRS Report R44557, The Fair Housing Act: HUD Oversight,

Programs, and Activities.

Military Housing

All active-duty military servicemembers are entitled to either government-provided housing or a

housing allowance that they can use to rent or purchase a home in the private housing market.

Servicemembers who are more senior or who have dependents are entitled to larger housing

benefits. In recent years, Congress has taken an interest in reported shortages of both on- and offbase housing in some areas.

In general, there are three primary forms of housing on which the Department of Department

(DOD) relies to provide for U.S.-based servicemembers’ housing entitlement:

•

•

Government Housing: DOD uses military construction funds appropriated by

Congress to build barracks and other housing facilities on military installations.

Government housing is the primary form of housing provided to unaccompanied

servicemembers.168 In many instances, junior enlisted servicemembers who do

not have dependents are required to live in on-base unaccompanied housing for a

certain period of time. Installations provide maintenance services for government

housing, funded through DOD Operation and Maintenance funds.

Privatized Housing: DOD maintains business agreements with private housing

companies to build, restore, maintain, and operate housing on leased military

property.169 Privatized housing is the primary form of family housing on military

bases in the United States, according to the Government Accountability Office.

Currently, about 99% of all family housing on U.S. military installations is

operated under the privatized housing program, formally known as the Military

164 NAACP v. HUD, 817 F.2d at 155.

165 Ibid.

166 88 Federal Register 8517.

167 88 Federal Register 8557.

168 Unaccompanied servicemembers is the term DOD uses to describe servicemembers who are living by themselves

and are not authorized to receive housing to accommodate dependents.

169 Congress authorized these activities under Title 10 U.S. Code, Subtitle A, Part IV, Chapter 169, Subchapter IV,

“Alterative Authority for Acquisition and Improvement of Military Housing,” https://uscode.house.gov/view.xhtml?

path=/prelim@title10/subtitleA/part4/chapter169/subchapter4&edition=prelim.

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•

Housing Privatization Initiative (MHPI).170 There are currently about 211,000

privatized military housing units across all military installations.171 The private

housing companies provide and pay for maintenance at privatized housing

projects.

Off-Base Housing: The majority of servicemembers, about 64%, live outside

military installations, either renting or purchasing homes in the private sector

housing markets located in areas near the installations. For these

servicemembers, DOD provides a Basic Allowance for Housing (BAH), which is

a tax-free allowance intended to cover most of the servicemembers’ housing

costs.172 Maintenance is provided by either a private landlord (in rental homes) or

the servicemember (if he or she is the homeowner).

It is DOD’s policy to “rely on the private sector as the primary source of housing for

accompanied and unaccompanied personnel normally eligible to draw a housing allowance.”173

One advantage to this policy is that it enables DOD in some situations to transfer large groups of

servicemembers from one base to another or make other changes that affect the population of

military installations without resulting in immediate excesses or shortages of housing

infrastructure.

Basic Allowance for Housing

DOD provides a BAH for servicemembers who do not live in military-provided housing on a

military installation. The BAH rates vary depending on location and are intended to align with the

cost of the local rental housing markets for those servicemembers to obtain housing from the

private market. About 58% of servicemembers receive a housing allowance to rent or buy a home

off base.174

To calculate local BAH rates, the uniformed services have concurred in aggregating individual

zip codes into groups called Military Housing Areas (MHAs). There are approximately 300

MHAs in the United States.175 DOD collects data for each of these housing markets and the rental

costs associated with various types of housing, including apartments, townhouses/duplexes, and

170 GAO, Military Housing: DOD Can Further Strengthen Oversight of Its Privatized Housing Program, GAO-23-

105377, April 2023, p. 1, https://www.gao.gov/assets/gao-23-105377.pdf.

171 While most privatized housing is for family housing units, DOD does operate seven MHPI projects for

unaccompanied housing. The Army maintains privatized housing projects for unaccompanied personnel at five

locations: Fort Irwin, CA; Fort Drum, NY; Fort Liberty (formerly Fort Bragg), NC; Fort Stewart, GA; and Fort Meade,

MD. The Navy maintains privatized housing projects for unaccompanied personnel at two locations: Naval Station

Norfolk, VA; and Naval Station San Diego, CA. See GAO, Military Housing: Information on the Privatization of

Unaccompanied Personnel Housing, GAO-14-313, March 2014, https://www.gao.gov/assets/gao-14-313.pdf. For the

total number of privatized housing units, see DOD, Office of Inspector General, Audit of Medical Conditions of

Residents in Privatized Military Housing, DODIG-2022-078, December 2022, p. 1, https://media.defense.gov/2022/

Dec/12/2003130831/-1/-1/1/DODIG-2022-078.PDF.

172 DOD provides BAH to servicemembers at locations in the United States. While family housing in the United States

is usually provided in the form of privatized housing, family housing overseas is government-owned. Some

servicemembers stationed overseas are permitted to live off-base; their housing costs are covered by the Overseas

Housing Allowance (OHA) program.

173 Department of Defense Manual 4165.63, p. 1, https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/

416563m.pdf?ver=2018-09-20-075812-223.

174 Housing data for military populations were provided by the Office of the Assistant Secretary of Defense for

Legislative Affairs to CRS, August 28, 2023, on file with author.

175 BAH Data Collection, Defense Travel Management Office, https://www.travel.dod.mil/Allowances/BasicAllowance-for-Housing/BAH-Data-Collection/.

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single-family rental units with varying numbers of bedrooms. The different types of units are

referred to as housing profiles and their rental costs are then linked with particular pay grades.176

More than 98% of servicemembers assigned to military duty stations in the continental United

States are in one of the MHAs.177

DOD, with input from Congress, sets policy for the BAH. The BAH policy typically sets BAH

rates as a percentage of estimated housing costs. This policy has varied over the years. In the

1990s, the BAH was calculated and intended to cover about 80% of estimated average housing

costs.178 In the early 2000s, the policy called for the BAH to increase to cover 100% of estimated

housing costs.179 The current policy, in effect since FY2019, provides servicemembers with a

BAH that intends to cover 95% of estimated housing costs.

Housing Shortages

At certain military installations at certain times, servicemembers face long waitlists to obtain onbase housing.180 News reports have spotlighted the shortage in places like Las Vegas, NV, where

some junior servicemembers were ordered to move off-base due to a shortage of on-base

housing.181 Some of those servicemembers faced financial hardships when forced to sign a

lease—requiring a security deposit and first-month’s rent—before they began receiving a BAH.

In 2020, Congress revised statutes to allow DOD to provide a dislocation allowance to help those

servicemembers cover such costs.182

Numerous news reports have also spotlighted the challenges servicemembers can face in search

of affordable housing, especially in high-priced coastal real estate markets.183 In September 2022,

Defense Secretary Lloyd Austin acknowledged that there are housing concerns. He announced

176 Basic Allowance for Housing Rate Lookup, Defense Travel Management Office, https://www.travel.dod.mil/

Allowances/Basic-Allowance-for-Housing/BAH-Rate-Lookup/.

177

For more information, see GAO, Military Housing: Actions Needed to Improve the Process for Setting Allowances

for Servicemembers and Calculating Payments for Privatized Housing Projects, GAO-21-137, January 2021,

https://www.gao.gov/assets/720/711967.pdf.

178 See prepared statement of Paul Johnson, Deputy Assistant Secretary of the Army for Installations and Housing,

contained in S.Hrg. 105-605, Part 3, p. 484.

179 Congress removed the expectation that servicemembers would contribute to their housing costs in Section 605 of the

FY2001 National Defense Authorization Act (P.L. 106-398), which changed the statute to authorize the Secretary of

Defense to provide a BAH that was equal to the cost of adequate housing for civilians with comparable income levels

in the same area. After a transition period, average out-of-pocket housing expenses were officially eliminated as of

January 1, 2005.

180 See, for example, Marine Corps Camp Lejeune Family Housing, accessed February 2023, showing wait times

ranging from one to sixteen months for various housing complexes, at https://www.lejeune.marines.mil/offices-staff/

family-housing-division/wait-times/.

181 Humberto Sanchez, “Defense Department to pay single junior service members dislocation housing funds,” The

Nevada Independent, May 23, 2022, https://thenevadaindependent.com/article/defense-department-to-pay-singlejunior-service-members-dislocation-housing-funds. Also see Greg Hadley, “‘Not a Good Situation’: Off-Base Housing

Crisis Has USAF Scrambling,” Air and Space Force Times, July 9, 2021, https://www.airandspaceforces.com/not-agood-situation-off-base-housing-crisis-has-usaf-scrambling/.

182 See the FY2020 National Defense Authorization Act (P.L. 116-92, §607). The provision extended dislocation

allowance (DLA) to servicemembers without dependents and allowed DOD to issue a partial DLA when installations

order servicemembers to vacate on-base housing. DOD exercised that authority and expanded DLA in May 2022. See

Karen Jowers, “New allowance greenlit for troops ordered to move from barracks to off-base housing,” Military Times,

May 23, 2022, https://www.militarytimes.com/pay-benefits/2022/05/23/new-allowance-greenlit-for-troops-ordered-tomove-from-barracks-to-off-base-housing/.

183 See, for example, R. J. Rico, “Military families’ housing benefits lag as rents explode,” The Associated Press,

August 21, 2022, https://www.militarytimes.com/pay-benefits/2022/08/21/military-families-housing-benefits-lag-asrents-explode/.

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automatic increases in the BAH for servicemembers in 28 MHAs that experienced an average of

more than 20% spikes in rental housing costs above the 2022 BAH rates.184

To ensure better visibility on potential housing shortages in military communities, the FY2023

National Defense Authorization Act (NDAA, P.L. 117-263) in the 117th Congress contained a

provision that requires the military departments to conduct Housing Requirements and Market

Analysis (HRMA) for each installation under their jurisdiction every five years.185 The HRMA is

a detailed study of housing demand and supply within a defined market area. These analyses help

identify affordable housing shortages and support decisionmaking about how to best meet the

needs of servicemembers and their families. Prior to the FY2023 NDAA, the frequency of

HRMAs was dictated only by DOD policy.

The 118th Congress took an interest in military housing. For example, in the FY2024 NDAA,

Congress enacted a slate of legislative reforms intended to improve the quality of unaccompanied

housing on military bases.186

For more information on military housing, see CRS Report R47728, Military Housing.

Fannie Mae and Freddie Mac Loan Level Price Adjustments

Fannie Mae and Freddie Mac are two government-sponsored enterprises (GSEs) chartered by

Congress to provide liquidity for the single-family and multifamily mortgage markets. After

purchasing mortgages from originators, the GSEs guarantee the default risk associated with the

mortgages. In the years following the housing and mortgage market turmoil that began around

2007, Fannie Mae and Freddie Mac experienced financial difficulty, and their regulator, the

Federal Housing Finance Agency (FHFA), took control of them from their stockholders and

management in a process known as conservatorship. Although their financial condition has

improved since that time, and they are now being allowed to accumulate capital reserves to hold

against mortgage default risks,187 Fannie Mae and Freddie Mac remain in federal conservatorship.

In addition to base guarantee fees that Fannie Mae and Freddie Mac charge for guaranteeing

mortgage default risks on their purchased mortgages, they also charge additional upfront fees,

known as loan-level price adjustments (LLPAs),188 for single-family mortgages. The amount of

the LLPAs varies based on the characteristics of the mortgage. Fannie Mae and Freddie Mac

publish matrices showing the LLPAs, which depend on features such as a borrower’s credit score,

the loan-to-value ratio, and other factors relating to certain types of mortgages or property types.

In January 2023, FHFA directed Fannie Mae and Freddie Mac to implement changes to the

LLPAs. Following concerns regarding the policy objective for the new fee structure, the FHFA

Director stated that the changes “will strengthen the safety and soundness of the Enterprises by

enhancing their ability to improve their capital position over time” as well as facilitate “equitable

184 DOD, “DoD Announces Immediate and Long-Term Actions to Help Strengthen the Economic Security and Stability

of Service Members and Their Families,” press release, September 22, 2022, https://www.defense.gov/News/Releases/

Release/Article/3167769/dod-announces-immediate-and-long-term-actions-to-help-strengthen-the-economic-s/.

185 See 10 U.S.C. §2821.

186 For more information, see CRS Insight IN12229, FY2024 NDAA: Military Construction and Housing

Authorizations.

187 See FHFA, Senior Preferred Stock Purchase Agreements, https://www.fhfa.gov/Conservatorship/Pages/SeniorPreferred-Stock-Purchase-Agreements.aspx.

188 While these fees are often collectively referred to as loan-level price adjustments, technically, loan-level price

adjustments is the term Fannie Mae uses for these upfront guarantee fees, while Freddie Mac refers to them as credit

fees.

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and sustainable access to homeownership.”189 Under the new fee structure (as under the old fee

structure), borrowers with low default risk generally pay less than those with high default risk.

When comparing the new and old fee structures, some low default risk borrowers may pay more

under the new fee structure than they would have under the previous LLPA fee structure, and

some higher default risk borrowers may pay less under the new fee structure than they would

have under the previous fee structure.190 Most of the LLPA changes went into effect on May 1,

2023, although one particular fee, based on debt-to-income ratios, was initially delayed and later

rescinded.191

FHFA’s LLPA pricing directive could arguably serve multiple policy objectives. For example,

low-risk borrowers, who tend to have high credit scores, may subsidize some of the costs to

insure against the default risk of borrowers with low credit scores, which may be one policy

objective. In addition, a larger share of revenues collected from low-risk borrowers may expedite

the GSEs’ ability to accumulate more retained earnings necessary to exit conservatorship, thus

serving a different policy objective. Also, charging high-risk borrowers slightly lower premiums

could potentially increase affordability and promote more stable payment behavior from this

group, possibly increasing the amount of revenues that could also facilitate earlier exit from

conservatorship. Given that fewer high-risk borrowers may qualify for as many or for mortgages

as large as those obtained by low-risk borrowers, more of the revenues collected under the new

LLPA schedule are likely to be applied toward improving the financial conditions of Fannie Mae

and Freddie Mac.

The new fees went into effect on May 1, 2023. The Middle Class Borrower Protection Act of

2023 (H.R. 3564), passed by the House in June 2023, would have required the FHFA Director to

revert to the prior fee structure and would have placed certain restrictions on future fee changes.

That bill was not enacted. Also in May 2023, FHFA released a Request for Input (RFI) on Fannie

Mae’s and Freddie Mac’s pricing framework for single-family mortgages.192 In addition, the

House Financial Services Committee’s Subcommittee on Housing and Insurance held a hearing

on the pricing changes,193 and the full Financial Services Committee held a hearing on FHFA

oversight shortly thereafter.194

For more information, see the following:

189 FHFA, “FHFA Announces Updates to the Enterprises’ Single-Family Pricing Framework,” press release, January

19, 2023, https://www.fhfa.gov/Media/PublicAffairs/Pages/FHFA-Announces-Updates-to-Enterprises-SF-PricingFramework.aspx.

190 See Fannie Mae’s LLPA matrix incorporating the changes announced in January at

https://singlefamily.fanniemae.com/media/9391/display.

191 FHFA, “FHFA Director Sandra L. Thompson’s Statement on Upfront Fees Based on Certain Borrowers’ Debt-toIncome (DTI) Ratio,” press release, March 15, 2023, https://www.fhfa.gov/Media/PublicAffairs/Pages/Statement-fromFHFA-Director-Sandra-Thompson-on-Upfront-Fees-Based-on-Certain-Borrowers-DTI-Ratio.aspx; and FHFA, “FHFA

Announces Rescission of Enterprise Upfront Fees Based on Debt-To-Income (DTI) Ratio,” press release, May 10,

2023, https://www.fhfa.gov/Media/PublicAffairs/Pages/FHFA-Announces-Rescission-of-Enterprise-Upfront-FeesBased-on-Debt-To-Income-Ratio.aspx.

192 FHFA, “FHFA Requests Input on the Enterprises’ Single-Family Pricing Framework,” press release, May 15, 2023,

https://www.fhfa.gov/Media/PublicAffairs/Pages/FHFA-Requests-Input-on-the-Enterprises-Single-Family-PricingFramework.aspx.

193 U.S. Congress, House Committee on Financial Services, Subcommittee on Housing and Insurance, The Current

Mortgage Market: Undermining Housing Affordability with Politics, hearing, 118th Cong., 1st sess., May 17, 2023,

https://financialservices.house.gov/calendar/eventsingle.aspx?EventID=408776.

194 U.S. Congress, House Committee on Financial Services, FHFA Oversight: Protecting Homeowners and Taxpayers,

hearing, 118th Cong., 1st sess., May 23, 2023, https://financialservices.house.gov/calendar/eventsingle.aspx?EventID=

408797.

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•

•

•

CRS Insight IN12151, Recent Mortgage Pricing Directive for Fannie Mae and

Freddie Mac

CRS Report R44525, Fannie Mae and Freddie Mac in Conservatorship:

Frequently Asked Questions

CRS Report R46746, Fannie Mae and Freddie Mac: Recent Administrative

Developments

Energy Standards for Manufactured Housing

Manufactured housing is a type of factory-built housing that is built on a permanent chassis and

transported to a home site for installation. Unlike site-built housing and other types of factorybuilt housing (e.g., modular homes), which are subject to state and local building codes,

manufactured housing is built in accordance with HUD’s Manufactured Housing Construction

and Safety Standards.195 In general, manufactured homes tend to be more affordable than

traditional site-built homes.196

Section 413 of the Energy Independence and Security Act of 2007 (EISA, P.L. 110-140) directed

the Department of Energy (DOE) to establish energy conservation standards for manufactured

housing. Among other requirements, EISA directed DOE to base the standards on the most recent

version of the International Energy Conservation Code (IECC) unless the Secretary finds that the

IECC is not cost-effective or that a more stringent standard would be more cost-effective. EISA

also directed DOE to establish the standards after providing notice and opportunity for comment

from manufacturers and other interested parties and after consultation with the Secretary of HUD,

who the law specified may seek further counsel from the Manufactured Housing Consensus

Committee.197

DOE published a final rule establishing energy standards for manufactured housing in May

2022.198 It addresses certain aspects of manufactured homes that pertain to building thermal

performance and mechanical systems, based on the 2021 IECC.199 The rule adopts a tiered

standard that applies somewhat different requirements to single-section and multi-section

manufactured homes,200 specifically with regard to the building thermal envelope requirements.

DOE stated that it adopted this tiered standard in response to concerns raised by stakeholders,

including HUD, about the potential impact on the affordability of manufactured homes.201 Being

smaller, single-section homes generally have lower purchase prices than multi-section homes, and

195 42 U.S.C. §5401 et seq. and 24 C.F.R. Part 3280. For more information, see HUD’s website at

https://www.hud.gov/program_offices/housing/rmra/mhs/csp.

196 See, for example, Chadwick Reed, Comparing the Costs of Manufactured and Site-Built Housing, Joint Center for

Housing Studies of Harvard University, blog post, July 10, 2023, https://www.jchs.harvard.edu/blog/comparing-costsmanufactured-and-site-built-housing.

197 The Manufactured Housing Consensus Committee is an advisory committee established by statute that provides

recommendations to HUD on revisions to the Manufactured Housing Construction and Safety Standards. For more

information, see HUD’s website at https://www.hud.gov/program_offices/housing/rmra/mhs/cc1.

198 Department of Energy (DOE), “Energy Conservation Program: Energy Conservation Standards for Manufactured

Housing,” 87 Federal Register 32728-32824, May 31, 2022, https://www.federalregister.gov/documents/2022/05/31/

2022-10926/energy-conservation-program-energy-conservation-standards-for-manufactured-housing.

199 87 Federal Register 32730.

200 Manufactured homes can be built in one or more sections that are attached at the home site. A manufactured home

that consists of one section is a single-section home; a manufactured home that consists of two or more sections is a

multi-section home.

201 See the final rule at 87 Federal Register 32745-32746.

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the rule applies lower stringencies to the building thermal envelope requirements for singlesection homes in order to limit cost increases for such homes.

The rule was initially scheduled to go into effect on May 31, 2023. However, in May 2023, DOE

issued a final rule202 delaying compliance until July 1, 2025 for multi-section manufactured

homes and until 60 days after the issuance of enforcement procedures for single-section

manufactured homes. DOE published a notice of proposed rulemaking to establish enforcement

procedures in December 2023.203 According to the notice, DOE proposes to determine

compliance by reviewing certain manufacturer records rather than through testing or

manufacturer certification requirements,204 and it “tentatively concludes” that compliance costs

for manufacturers will be minimal.205

Some stakeholders have questioned whether DOE should have pursued more energy efficiency

for single-section manufactured homes.206 Others have argued that the final rule will make

manufactured housing less affordable for many consumers and that HUD, as the agency

responsible for the Manufactured Housing Construction and Safety Standards, should have final

authority over the adoption of any standards related to manufactured housing.207 Multiple bills

introduced in the 118th Congress addressed the DOE energy standards for manufactured housing,

including the following, though none of these provisions was enacted:

•

•

•

The Affordable HOMES Act (H.R. 6421) would have eliminated the DOE

standards, striking the provision of EISA that required DOE to implement these

standards and providing that the final rule shall have no force or effect. The bill

was reported by the House Energy and Commerce Committee in March 2024.

The Manufactured Housing Affordability and Energy Efficiency Act of 2023

(H.R. 3327) would have provided that the DOE standards would only become

effective and enforceable if HUD adopted them into the Manufactured Housing

Construction and Safety Standards.

The House-passed FY2024 DOE appropriations bill (H.R. 4394) included a

provision that would have prohibited funds provided by the act from being used

to carry out the final rule.208

202 DOE, “Energy Conservation Program: Energy Conservation Standards for Manufactured Housing; Extension of

Compliance Date,” 88 Federal Register 34411-34419, May 30, 2023, https://www.federalregister.gov/documents/2023/

05/30/2023-11043/energy-conservation-program-energy-conservation-standards-for-manufactured-housing-extensionof.

203 Department of Energy, “Energy Conservation Program: Energy Conservation Standards for Manufactured Housing;

Enforcement,” 88 Federal Register 88844-88854, December 26, 2023, https://www.federalregister.gov/documents/

2023/12/26/2023-27182/energy-conservation-program-energy-conservation-standards-for-manufactured-housingenforcement.

204 88 Federal Register 88846.

205 88 Federal Register 88848-88849.

206 For example, see American Council for an Energy-Efficient Economy (ACEEE), “Biden Standard for Manufactured

Homes Will Leave Low-Income Households with High Energy Bills,” press release, May 18, 2022,

https://www.aceee.org/press-release/2022/05/biden-standard-manufactured-homes-will-leave-low-income-householdshigh.

207 For example, see the written testimony of Bill Boor, CEO of Cavco Industries, Inc., on behalf of the Manufactured

Housing Institute, at a July 14, 2023 House Financial Services Subcommittee on Housing and Insurance Hearing on

“How Mandates Like ESG Distort Markets and Drive Up Costs for Insurance and Housing,” https://docs.house.gov/

meetings/BA/BA04/20230714/116212/HHRG-118-BA04-Wstate-BoorB-20230714.pdf.

208 Section 622 of H.R. 4394.

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Housing and Disaster Response and Recovery

The extent to which federal policies adequately and effectively address the housing needs of

disaster survivors is of ongoing interest to policymakers. In the 118th Congress, concerns and

questions arose regarding individual compensation for disaster-caused decreases in property value

(even when a person’s residence was not directly damaged or destroyed), options for simplifying

the application process for disaster assistance, and considerations for addressing unmet needs. In

addition, the location and frequency of natural disasters may be affecting the housing market,

with the threat of natural disasters to housing stock increasing in recent years.209 Nearly one-third

of the U.S. housing stock—about 35 million homes—is considered to be at high risk of damage

from a natural disaster.210

When disasters occur, the President may authorize an emergency or major disaster declaration

under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93288, as amended). The declaration can authorize the Federal Emergency Management Agency

(FEMA) to provide short- and intermediate-term housing assistance for disaster survivors through

the Individuals and Households Program (IHP).211

In addition to disaster relief provided by FEMA, Congress may make supplemental

appropriations of Community Development Block Grants for Disaster Recovery (CDBG-DR),

allowing HUD to administer grants to states, localities, and insular areas for long-term recovery

needs, including those of disaster survivors.

There are also some disaster assistance programs that may be available to individuals regardless

of whether there is a declared disaster or congressional appropriation—for example, funding

provided through the National Flood Insurance Program (NFIP) and some FEMA Hazard

Mitigation Assistance programs.212

The following sections provide brief overviews and selected considerations related to housing

assistance provided through FEMA’s IHP and HUD’s CDBG-DR program, including the

interaction of these programs. There is also discussion of the role of flood insurance. The final

section provides an overview of how the changing climate may affect housing.

FEMA’s Individuals and Households Program (IHP) and HUD’s Community

Development Block Grant-Disaster Recovery (CDBG-DR)

FEMA may assist individuals with their recovery from disasters when the President authorizes the

Individual Assistance (IA) program pursuant to a Stafford Act declaration of emergency or major

disaster. The IHP is the form of IA through which FEMA may provide temporary financial and/or

209 Howard Kunreuther, “Reducing losses from catastrophes: role of insurance and other policy tools,” Environment:

Science and Policy for Sustainable Development, vol. 58, no. 1 (January/February 2016), pp. 30-37.

210 CoreLogic, “Risk Redefined: CoreLogic Climate Change Catastrophe Report Emphasizes Need to Address

Increasing Frequency of Hazard Events,” January 27, 2021, https://www.corelogic.com/press-releases/risk-redefinedcorelogic-climate-change-catastrophe-report-emphasizes-need-to-address-increasing-frequency-of-hazard-events/.

211 42 U.S.C. §5174. See also 44 C.F.R. §206.110(a), and FEMA, Individual Assistance Program and Policy Guide

(IAPPG), FP 104-009-03, v. 1.1, May 2021, pp. 6, 41, https://www.fema.gov/sites/default/files/documents/fema_iappg1.1.pdf (hereinafter, “FEMA, IAPPG”). For information on other forms of federal disaster relief, see CRS Report

WMR10001, CRS Guide to Federal Emergency Management.

212 Building Resilient Infrastructure and Communities (BRIC), the Flood Mitigation Assistance Grant Program (FMA),

and the Safeguarding Tomorrow Revolving Loan Fund Program (STRLF). For additional information, see CRS Report

R46989, FEMA Hazard Mitigation: A First Step Toward Climate Adaptation.

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direct assistance for housing (referred to as Housing Assistance).213 Examples of financial

Housing Assistance include Rental Assistance and Home Repair Assistance, and examples of

direct assistance include temporarily providing a person with a Manufactured Housing Unit or

Direct Lease Assistance.

Despite the range of existing IHP financial and direct assistance options, concerns have arisen

related to the IHP’s ability to meet the needs of disaster survivors.214 Because the program is

generally authorized to address uninsured or underinsured damages caused by an emergency or

major disaster, IHP housing assistance is structured to address survivors’ disaster-caused housing

needs when they are displaced or their homes are rendered uninhabitable. Moreover, FEMA does

not have the statutory authority to provide temporary rental or mortgage payments when people

experience disaster-caused financial hardship.215 As an additional example, the IHP cannot

compensate disaster survivors for all losses (e.g., it does not compensate disaster survivors for

loss of property value resulting from disasters).216

Congress has also provided supplemental funding for long-term disaster recovery and other

related purposes for selected incidents under the statutory authority of HUD’s conventional

Community Development Block Grant (CDBG) program—a usage commonly referred to as

CDBG-DR.217 Typically, CDBG-DR funds are directed to jurisdictions with the most impacted

and distressed areas that have federal emergency or disaster declarations under the Stafford

Act.218 To that end, CDBG-

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