[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