S 5625 — 119th Congress

Affordable Housing Construction Act

Introduced Sep 30, 2026 Open for voting
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Core Policy Mechanism Top 4

Raise LIHTC state credit ceiling amounts

Expands federal affordable housing tax credits by raising the per-capita amount states can award to developers from $1.75 to $9.79, and raising the small-state minimum from $2 million to $11.34 million, taking effect in 2027. Increases the tax credit available for affordable housing projects by 50% when construction workers are paid prevailing wages under federal wage standards, subject to a state agency determination that the boost is financially necessary. Increases the affordable housing tax credit for buildings powered by renewable energy, with the bonus scaling up based on the share of energy from renewable sources, subject to a state agency financial feasibility finding. Adds a 25% increase to the affordable housing tax credit for buildings located near rail lines, bus routes, or walkable areas designated by the EPA, subject to a state agency financial feasibility finding. Increases the affordable housing tax credit for buildings that dedicate a meaningful share of units to people with physical, mental, sensory, or developmental disabilities, with the bonus scaling with the proportion of accessible units. Adds a 50% increase to the affordable housing tax credit for buildings where at least 20% of units house extremely low-income families, subject to a state agency determination that the boost is financially necessary.

  • Population Scope Medium Directly affects state housing finance agencies and affordable housing developers nationwide, plus low-income renters who benefit from expanded credit supply — a meaningful but not majority share of the U.S. population.
  • Budgetary Magnitude High Raises the per-capita credit ceiling from $1.75 to $9.79 — a roughly 5.6x increase — and the small-state minimum from $2M to $11.34M, representing a very large expansion of a recurring federal tax expenditure program deployed across all 50 states plus bonus credit categories layered on top.
  • Legal / Regulatory Depth High Creates new statutory entitlements to substantially larger credit volumes and establishes new bonus credit categories as affirmative statutory mandates, fundamentally restructuring the LIHTC allocation regime rather than adjusting agency procedures.
  • Degree of Discretion Granted Medium Bonus credit categories require housing credit agency designation confirming financial necessity, giving agencies meaningful case-by-case discretion, though the ceiling increases themselves are mandatory and formula-driven.
  • Implementation & Enforcement Burden Medium State housing credit agencies must evaluate financial necessity for each bonus credit designation across multiple new categories, imposing recurring project-by-project adjudication obligations without creating new enforcement infrastructure.
  • Temporal Commitment High The higher ceilings and bonus credit categories take effect in 2027 with no sunset, persisting indefinitely until Congress acts to repeal or reduce them.
No signal yet

Regulatory or Legal Changes Top 4

Extend LIHTC affordability period from 15 to 35 years

Requires that affordable housing built with housing tax credits remain affordable for 35 years after the initial compliance period ends — more than double the current 15-year requirement — binding property owners for a longer time.

  • Population Scope Low Directly binds owners of new LIHTC properties and benefits low-income renters in those developments — a narrow population relative to the U.S. as a whole, concentrated in future LIHTC-financed housing stock.
  • Budgetary Magnitude Low Changes a legal duration requirement on existing credit recipients rather than authorizing or obligating any new federal funds.
  • Legal / Regulatory Depth High Imposes a new, substantially longer statutory compliance obligation on property owners — more than doubling the mandatory affordability period — creating a binding private legal duty that did not previously exist for new agreements.
  • Degree of Discretion Granted Low The 35-year period is a mandatory statutory floor with no agency discretion to shorten or waive it.
  • Implementation & Enforcement Burden Medium State housing credit agencies must monitor and enforce affordability restrictions for 20 additional years per property, extending an ongoing compliance obligation across a growing portfolio of buildings over time.
  • Temporal Commitment High Applies to all new extended use agreements after enactment with no sunset, binding property owners and agencies indefinitely into the future until Congress acts to change the requirement.
No signal yet

Regulatory or Legal Changes Top 4

Eliminate early exit option for LIHTC property owners

Closes the legal mechanism that allowed owners of affordable housing tax-credit properties to exit affordability requirements before the end of their commitment by requesting a qualified contract, applying to new buildings going forward and revising how older buildings' exit values are calculated.

  • Population Scope Low Directly affects LIHTC property owners who would have used the qualified contract option and the low-income renters in those buildings — a narrow subset of the U.S. population concentrated in the LIHTC portfolio.
  • Budgetary Magnitude Low Eliminates a procedural exit right rather than authorizing or restricting any federal funding stream.
  • Legal / Regulatory Depth High Repeals an existing statutory right held by property owners — the qualified contract exit mechanism — converting what was formerly a voidable obligation into a binding one for new buildings, a substantive change in private legal entitlements.
  • Degree of Discretion Granted Low The repeal is categorical for post-2027 buildings; agencies retain no discretion to grant or deny the eliminated exit option for qualifying new buildings.
  • Implementation & Enforcement Burden Medium State housing credit agencies must administer a revised valuation methodology for remaining qualified contract requests on pre-2027 buildings, adding ongoing case-by-case adjudication without standing up entirely new enforcement infrastructure.
  • Temporal Commitment High The elimination applies to all post-2027 allocations with no sunset, permanently closing the exit mechanism for new buildings unless Congress reinstates it.
No signal yet

Core Policy Mechanism Top 4

Lower bond-financing threshold for LIHTC eligibility

Makes it easier for affordable housing projects to qualify for housing tax credits by lowering the minimum share of tax-exempt bond financing required from 25% to 15%, applying to buildings placed in service after 2025 using bonds issued before 2028.

  • Population Scope Low Directly affects the narrow set of affordable housing developers using tax-exempt bond financing and the state and local housing finance agencies that issue such bonds.
  • Budgetary Magnitude Medium Broadens LIHTC eligibility to more bond-financed projects, expanding the federal tax expenditure footprint, but the effect is bounded by the 2028 bond-issuance sunset and the requirement that projects still obtain tax-exempt financing.
  • Legal / Regulatory Depth High Changes a statutory eligibility threshold in IRC Section 42(h)(4), creating a new enforceable entitlement to credits for projects that previously could not qualify — a substantive alteration of who may access the program.
  • Degree of Discretion Granted Low The threshold reduction is a fixed numerical rule; agencies have no discretion over whether a project meeting the 15% test qualifies.
  • Implementation & Enforcement Burden Low Applies the existing LIHTC compliance framework to a broader set of projects without creating new enforcement mechanisms or compliance requirements.
  • Temporal Commitment Low The reduced threshold applies only to bonds issued before January 1, 2028, a hard expiry within a few years of enactment that self-terminates the expanded benefit unless Congress acts to extend it.
No signal yet

No possible riders have been surfaced for this bill.

Summary

This bill expands the Low-Income Housing Tax Credit (LIHTC) program, the main federal tool for building affordable rental housing, by increasing the amount of credits states can give out and making it easier for more projects to qualify. Among other elements, the bill * sharply raises the per-state cap on LIHTC credits, giving states far more money to award to affordable housing developers; * adds bonus credits for buildings that pay prevailing wages, use renewable energy, sit near public transit, or house people with disabilities or very low incomes; * lowers the share of tax-exempt bond financing a project must use to qualify for credits; * extends the time a tax-credit property must stay affordable housing from 15 to 35 years after the initial compliance period; * and eliminates the mechanism that allowed property owners to exit affordability requirements early.

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Version Event Date User support Your vote Roll calls
Original
Initial publication
Sep 30, 2026
Sep 30, 2026 No votes yet — —

Core Policy Mechanism Top 4

Raise LIHTC state credit ceiling amounts

Expands federal affordable housing tax credits by raising the per-capita amount states can award to developers from $1.75 to $9.79, and raising the small-state minimum from $2 million to $11.34 million, taking effect in 2027. Increases the tax credit available for affordable housing projects by 50% when construction workers are paid prevailing wages under federal wage standards, subject to a state agency determination that the boost is financially necessary. Increases the affordable housing tax credit for buildings powered by renewable energy, with the bonus scaling up based on the share of energy from renewable sources, subject to a state agency financial feasibility finding. Adds a 25% increase to the affordable housing tax credit for buildings located near rail lines, bus routes, or walkable areas designated by the EPA, subject to a state agency financial feasibility finding. Increases the affordable housing tax credit for buildings that dedicate a meaningful share of units to people with physical, mental, sensory, or developmental disabilities, with the bonus scaling with the proportion of accessible units. Adds a 50% increase to the affordable housing tax credit for buildings where at least 20% of units house extremely low-income families, subject to a state agency determination that the boost is financially necessary.

  • Population Scope Medium Directly affects state housing finance agencies and affordable housing developers nationwide, plus low-income renters who benefit from expanded credit supply — a meaningful but not majority share of the U.S. population.
  • Budgetary Magnitude High Raises the per-capita credit ceiling from $1.75 to $9.79 — a roughly 5.6x increase — and the small-state minimum from $2M to $11.34M, representing a very large expansion of a recurring federal tax expenditure program deployed across all 50 states plus bonus credit categories layered on top.
  • Legal / Regulatory Depth High Creates new statutory entitlements to substantially larger credit volumes and establishes new bonus credit categories as affirmative statutory mandates, fundamentally restructuring the LIHTC allocation regime rather than adjusting agency procedures.
  • Degree of Discretion Granted Medium Bonus credit categories require housing credit agency designation confirming financial necessity, giving agencies meaningful case-by-case discretion, though the ceiling increases themselves are mandatory and formula-driven.
  • Implementation & Enforcement Burden Medium State housing credit agencies must evaluate financial necessity for each bonus credit designation across multiple new categories, imposing recurring project-by-project adjudication obligations without creating new enforcement infrastructure.
  • Temporal Commitment High The higher ceilings and bonus credit categories take effect in 2027 with no sunset, persisting indefinitely until Congress acts to repeal or reduce them.
No signal yet

Core Policy Mechanism

Raise LIHTC state credit ceiling amounts

Regulatory or Legal Changes Top 4

Extend LIHTC affordability period from 15 to 35 years

Requires that affordable housing built with housing tax credits remain affordable for 35 years after the initial compliance period ends — more than double the current 15-year requirement — binding property owners for a longer time.

  • Population Scope Low Directly binds owners of new LIHTC properties and benefits low-income renters in those developments — a narrow population relative to the U.S. as a whole, concentrated in future LIHTC-financed housing stock.
  • Budgetary Magnitude Low Changes a legal duration requirement on existing credit recipients rather than authorizing or obligating any new federal funds.
  • Legal / Regulatory Depth High Imposes a new, substantially longer statutory compliance obligation on property owners — more than doubling the mandatory affordability period — creating a binding private legal duty that did not previously exist for new agreements.
  • Degree of Discretion Granted Low The 35-year period is a mandatory statutory floor with no agency discretion to shorten or waive it.
  • Implementation & Enforcement Burden Medium State housing credit agencies must monitor and enforce affordability restrictions for 20 additional years per property, extending an ongoing compliance obligation across a growing portfolio of buildings over time.
  • Temporal Commitment High Applies to all new extended use agreements after enactment with no sunset, binding property owners and agencies indefinitely into the future until Congress acts to change the requirement.
No signal yet

Regulatory or Legal Changes

Extend LIHTC affordability period from 15 to 35 years

Regulatory or Legal Changes Top 4

Eliminate early exit option for LIHTC property owners

Closes the legal mechanism that allowed owners of affordable housing tax-credit properties to exit affordability requirements before the end of their commitment by requesting a qualified contract, applying to new buildings going forward and revising how older buildings' exit values are calculated.

  • Population Scope Low Directly affects LIHTC property owners who would have used the qualified contract option and the low-income renters in those buildings — a narrow subset of the U.S. population concentrated in the LIHTC portfolio.
  • Budgetary Magnitude Low Eliminates a procedural exit right rather than authorizing or restricting any federal funding stream.
  • Legal / Regulatory Depth High Repeals an existing statutory right held by property owners — the qualified contract exit mechanism — converting what was formerly a voidable obligation into a binding one for new buildings, a substantive change in private legal entitlements.
  • Degree of Discretion Granted Low The repeal is categorical for post-2027 buildings; agencies retain no discretion to grant or deny the eliminated exit option for qualifying new buildings.
  • Implementation & Enforcement Burden Medium State housing credit agencies must administer a revised valuation methodology for remaining qualified contract requests on pre-2027 buildings, adding ongoing case-by-case adjudication without standing up entirely new enforcement infrastructure.
  • Temporal Commitment High The elimination applies to all post-2027 allocations with no sunset, permanently closing the exit mechanism for new buildings unless Congress reinstates it.
No signal yet

Regulatory or Legal Changes

Eliminate early exit option for LIHTC property owners

Core Policy Mechanism Top 4

Lower bond-financing threshold for LIHTC eligibility

Makes it easier for affordable housing projects to qualify for housing tax credits by lowering the minimum share of tax-exempt bond financing required from 25% to 15%, applying to buildings placed in service after 2025 using bonds issued before 2028.

  • Population Scope Low Directly affects the narrow set of affordable housing developers using tax-exempt bond financing and the state and local housing finance agencies that issue such bonds.
  • Budgetary Magnitude Medium Broadens LIHTC eligibility to more bond-financed projects, expanding the federal tax expenditure footprint, but the effect is bounded by the 2028 bond-issuance sunset and the requirement that projects still obtain tax-exempt financing.
  • Legal / Regulatory Depth High Changes a statutory eligibility threshold in IRC Section 42(h)(4), creating a new enforceable entitlement to credits for projects that previously could not qualify — a substantive alteration of who may access the program.
  • Degree of Discretion Granted Low The threshold reduction is a fixed numerical rule; agencies have no discretion over whether a project meeting the 15% test qualifies.
  • Implementation & Enforcement Burden Low Applies the existing LIHTC compliance framework to a broader set of projects without creating new enforcement mechanisms or compliance requirements.
  • Temporal Commitment Low The reduced threshold applies only to bonds issued before January 1, 2028, a hard expiry within a few years of enactment that self-terminates the expanded benefit unless Congress acts to extend it.
No signal yet

Core Policy Mechanism

Lower bond-financing threshold for LIHTC eligibility