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Permanent Housing Affordability Act creates federal tools to scale shared-equity homeownership

Establishes a Treasury-backed revolving loan fund, a HUD land-and-purchase pilot, and a surplus‑land pathway to expand community land trusts and other resale‑restricted homeownership models.

The Brief

The bill establishes a suite of federal interventions to expand shared‑equity homeownership: a Treasury program that capitalizes local revolving funds to make low‑cost construction loans, a HUD pilot that buys land and properties for resale‑restricted homeownership, and statutory changes enabling conveyance of surplus federal land to community land trusts with deep discounts. It also funds research, lender outreach, and public awareness to help integrate resale‑restricted models into the mortgage market.

This matters because the legislation ties three levers—subsidized construction finance, public land access, and lender/market education—to a single policy objective: creating and preserving owner‑occupied housing that remains affordable for decades. Practically, that changes who can deploy and finance for‑sale affordable housing and puts permanence (99‑year minimum affordability) at the center of federal support for homeownership models such as community land trusts and limited equity cooperatives.

At a Glance

What It Does

The Treasury establishes a grant program for eligible grantees to create revolving funds that provide construction loans to nonprofits, units of local government, and community land trusts; loans must carry interest no greater than 3 percent and origination fees no greater than 1 percent. HUD runs a separate pilot that buys land or properties to develop resale‑restricted owner‑occupied homes, with income targeting and a 3‑year development window. The bill also amends the federal surplus‑land statute to allow conveyances to shared‑equity entities with a default 75 percent discount of market value.

Who It Affects

Primary actors are community land trusts, limited equity cooperatives, eligible grantees (state agencies, housing authorities, certified CDFIs), and local governments managing shared‑equity programs; secondary actors include mortgage lenders, appraisers, and downstream homebuyers whose resale value will be limited by resale formulas. Federal agencies—Treasury, HUD, and the GSA—will implement and oversee the programs.

Why It Matters

By coupling low‑cost construction finance with preferential access to federal land and an explicit education and research effort, the bill creates a pathway to scale permanent affordability. The design also raises operational questions for mortgage markets and appraisal practices and reallocates a portion of federal land value to subsidize long‑term affordability rather than maximizing sale proceeds.

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What This Bill Actually Does

The bill defines shared‑equity homeownership broadly but centers permanence: programs must use resale restrictions or ground leases that keep homes affordable for at least 99 years unless state law forces a shorter minimum. The Treasury component requires the department to award grants to state agencies, state‑chartered authorities, or certified community development financial institutions; those grantees must use the grant to stand up revolving loan pools that make construction and rehabilitation loans to eligible entities.

Loans to developers or CLTs are limited to a maximum interest rate of 3 percent and an origination fee no greater than 1 percent, and grantees must prioritize projects in high cost‑burden, displacement‑risk, redlined, rural, or persistent poverty areas.

Grantee and borrower eligibility is built to channel federal subsidy through intermediaries: an eligible grantee cannot be the same entity that receives loans from its own fund, and eligible entities (such as CLTs or local governments) may use loan proceeds for standard hard and soft development costs. Grantees must collect and report a long list of metrics—loan counts, recipients, interest rates, origination fees, zip codes, AMI levels served, and resale mechanisms—so Treasury can track outputs and outcomes.

The appropriation authorized is $100 million for fiscal year 2027 to seed the program.Separately, HUD’s pilot provides multiyear grant funding to eligible entities to acquire vacant land or existing properties for development and sale under resale restrictions. The pilot prioritizes projects that lock in the longest affordability terms and requires homes built on purchased vacant land or existing properties to be sold within three years of acquisition (with carved‑out extensions for documented extenuating circumstances).

Income limits are explicit: most sales must go to households at or below 80 percent of area median income, with a 120 percent AMI threshold available for rural locations. The pilot carries its own reporting schedule, biennial follow‑ups, and an appropriation authorization of $100 million per year for FY2027–2031, with up to 10 percent available for technical assistance.To increase supply of affordable sites, the bill amends the federal surplus‑property statute to allow the Administrator to convey surplus real property to community land trusts or similar models.

Conveyance deeds must impose perpetual use and reverter clauses to keep land in shared‑equity use, and the statute sets a baseline 75 percent discount off market value (with the Secretary authorized to apply a larger discount when justified). Finally, the bill directs HUD’s research arm to study best practices for long‑term affordability mechanisms and funds public awareness and lender outreach activities to help bring shared‑equity properties into mainstream financing and appraisal workflows.

The Five Things You Need to Know

1

Grantees awarded Treasury funds must use them to create revolving loan pools that make construction loans with interest rates capped at 3 percent and origination fees capped at 1 percent.

2

An eligible grantee cannot be the same entity that receives loans from its own revolving fund, and grantees must prioritize loans to projects in high cost‑burden areas, places at risk of displacement, redlined areas, or projects proposing affordability terms longer than 99 years.

3

HUD’s pilot requires land purchased as vacant to be developed and marketed for sale within 3 years (extensions allowed for documented extenuating circumstances) and limits buyers to households at ≤80% AMI (≤120% AMI in rural areas), with resale restrictions enforced by deed restrictions, ground leases, or covenants.

4

The bill amends 40 U.S.C. 550 to authorize conveyance of surplus federal property to community land trusts or other shared‑equity models and establishes a default 75% discount off market value when fixing sale or lease price (the Secretary may authorize a larger discount).

5

Funding authorizations: $100 million (Treasury program) for FY2027; HUD pilot authorized at $100 million per year for FY2027–2031 (with up to 10% for technical assistance); and $3 million per year for FY2027–2029 for the public awareness campaign.

Section-by-Section Breakdown

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Section 2

Definitions and minimum affordability standard

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This section sets the program vocabulary and the statute’s durability benchmark: shared‑equity models and community land trusts must preserve affordability for not less than 99 years unless state law enforces a shorter minimum. It also imports the Federal Housing Administration’s resale‑formula concept by reference to the CFR and clarifies who qualifies as an eligible grantee and an eligible entity—important because the Treasury grant pathway channels money through designated intermediaries rather than directly to developers or homebuyers.

Section 3

Lasting Home Affordability Fund (Treasury grant program)

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The Treasury must create a grant program that awards funds to eligible grantees (state agencies, state‑chartered housing authorities, or certified CDFIs). Grant recipients create revolving funds that provide low‑interest construction loans to eligible entities; loans carry a 3% maximum interest rate and up to a 1% origination fee, and grantees may not require more than 10% of the loan amount in borrower liquid assets. The provision includes a prioritized geography list and a robust reporting regime (loan volumes, recipient types, AMI levels, zip codes, resale mechanisms, and project cost shares) to enable program oversight.

Section 4

Lasting Affordability Homeownership Grant Pilot (HUD)

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HUD runs a competitive pilot that gives grants to eligible entities to buy vacant land or existing properties for development and resale under shared‑equity terms. The pilot imposes a 3‑year development or sale deadline (with discretionary extensions for extenuating circumstances), explicit income targeting (≤80% AMI or ≤120% AMI in rural areas), and mandatory resale restrictions. HUD must prioritize applicants proposing the longest affordability terms, require periodic reporting from awardees, and is authorized to spend up to 10% of annual pilot funds on technical assistance to build local capacity.

2 more sections▾
Section 5

Research, outreach, and lender education

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HUD’s Office of Policy Development and Research will fund and disseminate best‑practice research on ground leases, deed restrictions, and resale formulas. The agency must also run outreach to lenders, appraisers, housing counselors, and builders to raise awareness and provide model documents and appraisal guidance; appropriations are authorized for a modest public awareness campaign and for outreach work intended to reduce friction between resale‑restricted stock and conventional lending channels.

Section 6

Surplus federal land conveyances to shared‑equity models

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This amends 40 U.S.C. 550 to permit and prioritize conveyance of surplus federal property to community land trusts and similar models, with deeds that impose perpetual shared‑use requirements and government reversion rights if the property ceases to be used as intended. In valuing such conveyances, the statute instructs HUD to apply a standard discount—75 percent of market value—when pricing transfers to shared‑equity entities, while permitting larger discounts where justified.

At scale

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Who Benefits and Who Bears the Cost

Every bill creates winners and losers. Here's who stands to gain and who bears the cost.

Who Benefits

  • Community land trusts and nonprofit shared‑equity sponsors — gain low‑cost, flexible construction capital, prioritized access to surplus federal land, and federal technical assistance that lowers acquisition and development barriers. This improves their ability to hold property in perpetuity and scale portfolios.
  • Low‑ and moderate‑income homebuyers seeking owner‑occupied housing — receive expanded opportunities to buy homes with long‑term affordability covenants and targeted income bands (most sales ≤80% AMI, rural exceptions up to 120% AMI). The resale restrictions preserve affordability for future buyers.
  • Certified community development financial institutions (CDFIs) and state housing authorities — receive new federal grant business as eligible grantees, allowing them to manage revolving loan funds that generate fee income and on‑balance lending activity while advancing mission portfolios.
  • Local governments in high displacement‑risk or persistent poverty areas — gain a federal toolset (subsidized construction finance plus preferential access to federal land) to preserve neighborhood affordability and limit speculative redevelopment.
  • Limited equity cooperatives and small nonprofit developers — receive acquisition and construction support and technical assistance that reduces capital costs and operational risk when creating resale‑restricted for‑sale housing.

Who Bears the Cost

  • Federal agencies (Treasury, HUD, GSA) — must build program administration, compliance, and long‑term monitoring capacity for 99‑year covenants, increasing staff and IT burdens. Reporting and oversight requirements fall on Treasury and HUD.
  • Taxpayers and federal receipts — the surplus‑land discount (baseline 75%) and appropriations (authorized sums for Treasury and HUD programs) reduce federal receipts relative to market sales and commit appropriations to program administration and grants.
  • Market‑rate developers and private sellers — face increased competition for land and may be crowded out near subsidized parcels; surplus land conveyances at deep discounts reduce opportunities for higher‑value private development.
  • Mortgage lenders, GSEs, and appraisers — confront new appraisal and underwriting complexity because resale formulas cap resale appreciation; lenders may need new valuation guidance and appetite adjustments, at least until FHFA and the GSEs integrate shared‑equity product standards.
  • Small nonprofit sponsors and start‑up CLTs — while beneficiaries of funding, they also shoulder compliance, reporting, and operational responsibilities (tracking resale formulas, administering ground leases) that may require capacity investments before they can scale.

Key Issues

The Core Tension

The central dilemma is between locking housing affordability in perpetuity to safeguard communities and future buyers, and preserving market liquidity, developer incentives, and conventional mortgage finance. Permanent resale restrictions solve the problem of re‑marketization and speculative loss of affordability but complicate appraisal, underwriting, and resale dynamics—forcing policymakers to choose between durable public benefit and retaining features of a functioning private housing market.

The bill embraces permanence—99‑year minimum affordability—but that creates legal and operational complexity. Property‑law differences across states may limit how a 99‑year covenant is implemented or enforced, and some states may have statutes that set lower minimums; the bill defers to state law where shorter terms apply, which could produce a patchwork of durability across jurisdictions.

Enforcing perpetual affordability also requires long‑term monitoring, administrative capacity for reversion clauses, and clear remedies; the statute expects grantees and HUD to perform that work but does not fund an ongoing national monitoring system.

Resale formulas and capped resale values are central to shared‑equity models but can depress conventional home price appreciation, which affects homeowner wealth, mortgageability, and appraisal practice. The bill funds outreach and research to reduce frictions, but actual integration into lender underwriting, GSE securitization practices, and private mortgage insurance markets is unresolved.

Similarly, the surplus‑land discount (default 75%) advances affordability by lowering site costs, yet it also reduces federal receipts and could trigger pushback from agencies or Congress when market value is sacrificed. Finally, authorized appropriations are meaningful but small relative to national demand for affordable for‑sale housing; successful scaling depends on strong local capacity, coordinated public‑private capital, and complementary state and local policy reforms (zoning, development subsidies, tax incentives).

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