Housing credits reform extends affordability

Summary#

The Save Affordable Housing Act of 2025 would amend the Internal Revenue Code of 1986, which governs the federal low-income housing tax credit. Its stated goal is to repeal the “qualified contract” exception to rules requiring extended affordability, while preserving that option for certain buildings tied to pre-2025 allocations or determinations. The bill has been introduced and referred to the House Committee on Ways and Means; it is not law.

  • For buildings outside the pre-2025 categories, owners could no longer use the qualified-contract route to end the extended low-income housing commitment.
  • Certain earlier projects would keep that route. For those projects, the purchase-price calculation would include the fair market value of both the low-income and non-low-income portions.
  • For the low-income portion, the housing credit agency would determine fair market value while accounting for required rent restrictions.
  • The Treasury Secretary would have to issue regulations for the change to the purchase-price calculation.

What it means for you#

  • Owners of covered affordable-housing buildings: Owners of buildings allocated housing credits before January 1, 2025, and certain bond-financed buildings with a qualifying pre-2025 determination, would retain the qualified-contract route. For requests submitted after enactment, the purchase-price calculation would include both portions of the building, with rent restrictions factored into the value of the low-income portion.
  • Owners of other buildings: Owners whose buildings are outside those pre-2025 categories could not use this route to end the extended affordability commitment. The bill does not remove other termination exceptions in the tax code.
  • Tenants and people seeking affordable housing: The bill does not directly change rent limits, create a new tenant service, or give tenants a new right to buy a building. It could keep the affordability commitment in place longer for buildings that lose the qualified-contract route, but the bill does not guarantee a particular housing outcome.

Money#

No cost estimate is included in the available material.

  • The bill requires the Treasury Secretary to issue regulations and housing credit agencies to determine fair market value for the low-income portion in the specified cases. The cost of that work is not stated.
  • The bill does not specify an appropriation, tax rate change, fee, or fine.

What is unclear#

  • The bill does not explain how housing credit agencies would determine fair market value, or what process or timeline they would use.
  • The text does not set out how the change would interact with state or local affordable-housing programs.
  • The parent Code text was not supplied, so the exact current wording and operation of the existing exception could not be checked against current law.
  • The bill takes effect on enactment, but does not say when enactment might occur.

Case for#

  • The bill appears intended to keep affordability commitments from ending through the qualified-contract route for buildings outside the pre-2025 categories.
  • Removing that route could make it harder for owners of those buildings to end the commitment early through this particular process.
  • Keeping the route for certain earlier projects, while changing the purchase-price calculation, could be seen as treating existing projects differently from newer ones.

Case against#

  • One concern is that removing this exit route could affect owners’ willingness to develop or maintain affordable housing; the bill does not provide evidence about that possible effect.
  • The bill does not explain how the housing credit agency should value rent-restricted units, leaving an important part of the calculation to agency judgment and future regulations.
  • The bill does not estimate the administrative cost of the required agency work and Treasury regulations.