[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 2725 Introduced in House (IH)] <DOC> 119th CONGRESS 1st Session H. R. 2725 To amend the Internal Revenue Code of 1986 to reform the low-income housing credit, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 8, 2025 Mr. LaHood (for himself, Ms. DelBene, Ms. Tenney, Mr. Beyer, Mr. Feenstra, Mr. Panetta, Mr. Buchanan, Mr. Larson of Connecticut, Mr. Kelly of Pennsylvania, Mr. Davis of Illinois, Mr. Estes, Ms. Sanchez, Mrs. Miller of West Virginia, Ms. Sewell, Mr. Murphy, Ms. Chu, Mr. Kustoff, Ms. Moore of Wisconsin, Mr. Fitzpatrick, Mr. Evans of Pennsylvania, Mr. Moore of Utah, Mr. Schneider, Ms. Malliotakis, Mr. Gomez, Mr. Carey, Mr. Horsford, Mr. Yakym, Mr. Suozzi, Mr. Miller of Ohio, Mr. Lieu, Mr. Emmer, Mr. Neguse, Mr. Hudson, Mr. Mrvan, Mr. Reschenthaler, Ms. McCollum, Mrs. Houchin, Ms. McBride, Mr. Flood, Ms. Kelly of Illinois, Mr. Finstad, Ms. Schakowsky, Mr. Kiley of California, Ms. Omar, Ms. Salazar, Mr. Peters, Mr. Huizenga, Mrs. Ramirez, Mr. Balderson, Ms. Budzinski, Mr. Moolenaar, Mr. Pappas, Mr. Gooden, Mrs. Beatty, Mr. LaMalfa, Mr. Garcia of California, Mr. Bergman, Ms. Goodlander, Mr. Fleischmann, Mrs. Dingell, Mrs. Kim, Mr. Casten, Mr. Garbarino, Ms. DeGette, Mr. Cole, Mr. Vargas, Mr. Valadao, Ms. Barragan, Mr. Carter of Georgia, Ms. Tlaib, Mr. Walberg, Mr. Bera, Mr. Calvert, Mr. Costa, Mr. Rouzer, Ms. Houlahan, Mr. Barr, Mr. Foster, Mr. Lawler, Mr. Quigley, Mr. Guest, Ms. Dean of Pennsylvania, Mr. Taylor, Mr. Goldman of New York, Mr. Evans of Colorado, Mr. Morelle, Ms. Maloy, Mr. Torres of New York, Mr. Zinke, Mr. Crow, Mr. Sessions, Ms. Pettersen, Mr. Issa, Mr. Mullin, Mr. Nunn of Iowa, Mr. Vasquez, Mr. Langworthy, Ms. Stevens, Mr. Guthrie, Mr. Cleaver, Mrs. Hinson, Mr. Deluzio, Mr. Wittman, Mr. Magaziner, Mr. Johnson of South Dakota, Ms. Matsui, Mrs. Kiggans of Virginia, Mr. Thanedar, Mr. Comer, Mrs. McIver, Mr. Rogers of Kentucky, Mr. Amo, Mr. Mann, Ms. Balint, Mr. Bost, Mr. Huffman, Mr. Ezell, Ms. Craig, and Mr. Stauber) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to reform the low-income housing credit, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Affordable Housing Credit Improvement Act of 2025''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--REFORM OF STATE ALLOCATION FORMULAS Sec. 101. Increases in State allocations. TITLE II--REFORMS RELATING TO TENANT ELIGIBILITY Sec. 201. Average income test applicability to exempt facility bonds. Sec. 202. Codification of rules relating to increased tenant income. Sec. 203. Modification of student occupancy rules. Sec. 204. Tenant voucher payments taken into account as rent for certain purposes. Sec. 205. Requirement that low-income housing credit-supported housing protect victims of domestic abuse. Sec. 206. Clarification of general public use requirement relating to veterans, etc. TITLE III--RULES RELATING TO CREDIT ELIGIBILITY AND DETERMINATION Sec. 301. Reconstruction or replacement period after casualty loss. Sec. 302. Modification of previous ownership rules; limitation on acquisition basis. Sec. 303. Certain relocation costs taken into account as rehabilitation expenditures. Sec. 304. Repeal of qualified census tract population cap. Sec. 305. Determination of community revitalization plan to be made by housing credit agency. Sec. 306. Prohibition of local approval and contribution requirements. Sec. 307. Increase in credit for certain projects designated to serve extremely low-income households. Sec. 308. Increase in credit for bond-financed projects designated by State agency. Sec. 309. Elimination of basis reduction for low-income housing properties energy efficient commercial building deduction. Sec. 310. Restriction of planned foreclosures. Sec. 311. Increase of population cap for difficult development areas. Sec. 312. Increased cost oversight and accountability. Sec. 313. Tax-exempt bond financing requirement. TITLE IV--REFORMS RELATING TO NATIVE AMERICAN ASSISTANCE Sec. 401. Selection criteria under qualified allocation plans. Sec. 402. Inclusion of Indian areas as difficult development areas for purposes of certain buildings. TITLE V--REFORMS RELATING TO RURAL ASSISTANCE Sec. 501. Inclusion of rural areas as difficult development areas. Sec. 502. Uniform income eligibility for rural projects. TITLE VI--EXEMPT FACILITY BONDS Sec. 601. Revision and clarification of the treatment of refunding issues. TITLE VII--AFFORDABLE HOUSING TAX CREDIT Sec. 701. Affordable housing tax credit. TITLE VIII--DATA AND TRANSPARENCY Sec. 801. Sense of Congress. TITLE I--REFORM OF STATE ALLOCATION FORMULAS SEC. 101. INCREASES IN STATE ALLOCATIONS. (a) In General.--Clause (ii) of section 42(h)(3)(C) of the Internal Revenue Code of 1986 is amended-- (1) in subclause (I), by striking ``$1.75'' and inserting ``the per capita amount'', and (2) in subclause (II), by striking ``$2,000,000'' and inserting ``the minimum amount''. (b) Per Capita Amount; Minimum Amount.--Section 42(h)(3) of the Internal Revenue Code of 1986 is amended by striking subparagraphs (H) and (I) and inserting the following: ``(H) Per capita amount.--For purposes of subparagraph (C)(ii)(I), the per capita amount shall be determined as follows: ``(i) Calendar year 2025.--For calendar year 2025, the per capita amount is $4.25. ``(ii) Calendar year 2026.--For calendar year 2026, the per capita amount is the product of-- ``(I) 1.25, and ``(II) the dollar amount under clause (i) increased by an amount equal to-- ``(aa) such dollar amount, multiplied by ``(bb) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting `calendar year 2024' for `calendar year 2016' in subparagraph (A)(ii) thereof. If the amount determined after application of the preceding sentence is not a multiple of $5,000, such amount shall be rounded to the next lowest multiple of $5,000. ``(iii) Calendar years after 2026.--In the case of any calendar year after 2026, the per capita amount is the dollar amount determined under clause (ii) increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting `calendar year 2025' for `calendar year 2016' in subparagraph (A)(ii) thereof. Any amount increased under the preceding sentence which is not a multiple of 5 cents shall be rounded to the next lowest multiple of 5 cents. ``(I) Minimum amount.--For purposes of subparagraph (C)(ii)(II), the minimum amount shall be determined as follows: ``(i) Calendar year 2025.--For calendar year 2025, the minimum amount is $4,876,000. ``(ii) Calendar year 2026.--For calendar year 2026, the minimum amount is the product of-- ``(I) 1.25, and ``(II) the dollar amount under clause (i) increased by an amount equal to-- ``(aa) such dollar amount, multiplied by ``(bb) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting `calendar year 2024' for `calendar year 2016' in subparagraph (A)(ii) thereof. If the amount determined after application of the preceding sentence is not a multiple of 5 cents, such amount shall be rounded to the next lowest multiple of 5 cents. ``(iii) Calendar years after 2026.--In the case of any calendar year after 2026, the minimum amount is the dollar amount determined under clause (ii) increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting `calendar year 2025' for `calendar year 2016' in subparagraph (A)(ii) thereof. Any amount increased under the preceding sentence which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000.''. (c) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2024. TITLE II--REFORMS RELATING TO TENANT ELIGIBILITY SEC. 201. AVERAGE INCOME TEST APPLICABILITY TO EXEMPT FACILITY BONDS. (a) In General.--Paragraph (1) of section 142(d) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``(A) or (B)'' and inserting ``(A), (B), or (C)'', and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) Average income test.--A project meets the requirements of this subparagraph if it meets the minimum requirements of section 42(g)(1)(C).''. (b) Effective Date.--The amendments made by this section shall apply to elections made under section 142(d)(1) of the Internal Revenue Code of 1986 after March 23, 2018. SEC. 202. CODIFICATION OF RULES RELATING TO INCREASED TENANT INCOME. (a) In General.--Clause (i) of section 42(g)(2)(D) of the Internal Revenue Code of 1986 is amended by striking ``clauses (ii), (iii), and (iv)'' and all that follows and inserting ``clauses (ii), (iii), (iv), and (vi), notwithstanding an increase in the income of the occupants above the income limitation applicable under paragraph (1)-- ``(I) a low-income unit shall continue to be treated as a low-income unit if the income of such occupants initially was 60 percent or less of area median gross income and such unit continues to be rent-restricted, and ``(II) a unit to which, at the time of initial occupancy by such occupants, any Federal, State, or local government income restriction applied, and which subsequently becomes part of a building with respect to which rehabilitation expenditures are taken into account under subsection (e), shall be treated as a low-income unit if the income of such occupants initially was 60 percent or less of area median gross income and does not exceed 120 percent of area median gross income as of the date of acquisition of the property by the taxpayer.''. (b) Exception.--Subparagraph (D) of section 42(g)(2) of the Internal Revenue Code of 1986, as amended by this Act, is further amended by adding at the end the following new clause: ``(vi) Exception to rule relating to increased tenant income.--In the case of an occupant of a low-income unit who initially qualified to occupy such unit by reason of paragraph (1)(C) with an income in excess of 60 percent of area median gross income but not in excess of 80 percent of area median gross income, clause (i) shall be applied for substituting `80 percent' for `60 percent' each place it appears.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2024. SEC. 203. MODIFICATION OF STUDENT OCCUPANCY RULES. (a) In General.--Subparagraph (D) of section 42(i)(3) of the Internal Revenue Code of 1986 is amended to read as follows: ``(D) Rules relating to students.-- ``(i) In general.--A unit occupied solely by individuals who-- ``(I) have not attained age 24, and ``(II) are enrolled in a full-time course of study at an institution of higher education (as defined in section 3304(f)), shall not be treated as a low-income unit. ``(ii) Exception for certain federal programs.--In the case of a federally-assisted building (as defined in subsection (d)(6)(C)(i)), clause (i) shall not apply to a unit all of the occupants of which meet all applicable requirements under the housing program described in such subsection through which the building is assisted, financed, or operated. ``(iii) Other exceptions.--An individual shall not be treated as described in clause (i) if the individual meets the income limitation applicable under subsection (g)(1) to the project of which the building is a part and-- ``(I) is married, ``(II) is a person with disabilities (as defined in section 3(b)(3)(E) of the United States Housing Act of 1937), ``(III) is a veteran (as defined in section 101(2) of title 38, United States Code), ``(IV) has 1 or more qualifying children (as defined in section 152(c)), ``(V) is or has been a victim or threatened victim of domestic violence, dating violence, sexual assault, or stalking (as defined in section 40002 of the Violence Against Women Act of 1994), ``(VI) is or has been a victim of any form of human trafficking, or ``(VII) is, or was prior to attaining the age of majority-- ``(aa) an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual's State of legal residence, ``(bb) under the care and placement responsibility of the State agency responsible for administering a plan under part B or part E of title IV of the Social Security Act, or ``(cc) an unaccompanied youth (within the meaning of section 725(6) of the McKinney- Vento Homeless Assistance Act (42 U.S.C. 11434a(6))) or a homeless child or youth (wit