Legislative Updates

Legislative Updates May 2025

The Branches: Executive / Legislative / Judicial

While each branch has a role to play in the federal government, we are in for a generational reshuffling of authority.

The federal government’s three branches are jockeying for position, and the housing industry is caught in the middle. The Executive Branch, with new leadership and appointees like Secretary Scott Turner, is driving deregulation—think fewer eviction notice rules. Congress, gridlocked and facing a mid-March budget deadline, might stall housing funds or tax breaks. Meanwhile, courts—like Kansas City’s—are redrawing rules on tenant rights and property control, shifting power dynamics.

This reshuffling means uncertainty: executive action could ease burdens, but legislative inaction risks funding cuts, and judicial rulings might upend local operations. Stay nimble—monitor executive orders, push your federal Representatives for budget clarity, and prep legal teams for court-driven changes. It’s a generational shakeup with the housing industry on the line.

No Budget, CR Expires Soon, Shutdown Looming

As of this writing, there is no federal budget, yet, and the current continuing resolution (CR) runs out in mid-March – the shutdown odds are rising. For housing pros, this could freeze HUD loan processing, stall inspections, and delay federal subsidies critical to affordable projects. At present, Congress is stalled, with partisan fights over tax policy and housing funds holding up a deal. The deal is all the more difficult to manage as there are slim majorities in the House and Senate and Republicans can only stand to lose a couple votes on in each house, with no expectation of Democrat support.

A shutdown could hit hard for developers and larger federally subsidized housing projects: expect cash flow hiccups and financing lags, additionally plan for inspection backlogs slowing for new builds or rehabs. Contingency plans are a must with less than three weeks to go. However, most of the country will be only slightly impacted while the Chicken-Little news agencies scare seniors about Social Security checks not going out (they will).

In the first Trump administration, the government shut down 3 times, for 9 hours, 3 days, and the most noteworthy, 35 days in 2018-19. Newspapers ranted that hundreds of thousands of bureaucrats were furloughed with some working without pay for a period of time. In the end, they all received backpay, even those who weren’t working! With DOGE auditing everything, those who aren’t working may find their job on the chopping block as truly necessary.

Renewed TCJA - New Administration Tax Policy

The new administration is itching to renew the 2017 Tax Cuts & Jobs Act (TCJA), set to lapse in 2025, with talk of a single tax bill to simplify things. For the housing industry, this could lock in deductions for property upgrades or business expenses—essential to revitalize the rapidly ageing housing stock. The push is to renew & extend cuts while tweaking them for inflation and housing costs, a lifeline for developers and landlords.

A streamlined tax code could cut compliance headaches, but don’t hold your breath—the detail required to truly reduce complications would certainly delay the process in Congress. It will be important to advocate for rental-property-specific credits and work Congress during the March budget talks; a TCJA renewal could juice investment, but only if it clears the slim partisan logjam.

Respect State Housing Laws Act (CARES ACT) and Tax Reform/Topics (Preserve, Enact, Protect)

The Respect State Housing Laws Act is gaining traction, aiming to scrap the CARES Act’s 30-day eviction notice requirement as interpretated by HUD and return this housing regulation back to states. The CARES Act presently impacts all rental property that receive federal funds or have mortgages that are held or insured by federal programs. S.B 470 and HR 1078, with bipartisan assistance from Rep. Gonzalez (D – TX) represent a bicameral and broad-based support.

For housing providers, this could mean faster tenant turnover and fewer federal hoops—as the market is bogged down by this pandemic-era rule. Expect a return to existing state laws if this passes, but housing providers should brace for local curveballs and advocates fighting the historic federalist policy or seeking to renew it at the state or local level.

Department of Energy Delaying Energy Efficiency Guidelines for Appliances until 3/21/25 and Longer, Hot Water Tank Concerns

The DOE’s delaying appliance efficiency rules—think hot water tanks—to March 21, 2025, or later, a relief for rehabbers and housing providers concerned with avoiding costly upgrades. While this buys time, uncertainty lingers: new standards could hike maintenance budgets down the line. While everyone wants efficient units – they also want them to actually work, and appliance industry feedback as well as consumer groups have been reflected poorly on the time and effectiveness of several of the appliance mandates. With hot water tanks, the substantially increased size is creating retrofit nightmare for rehabbers, resulting in increased costs of the appliance and a reworked and larger area for the appliance – this ultimately increase inflationary impacts on the cost of housing.

Guidance on ICE Enforcement, Importance of Law Enforcement Policy

New ICE enforcement guidance, rolled out in 2025, ramps up deportations and workplace checks—a heads-up for housing providers with immigrant tenants or labor. Expect tighter scrutiny that could shrink your tenant base or disrupt construction crews. HUD’s role here is unclear, but enforcement could hit rental income in immigrant-heavy markets.

Law enforcement’s priority means compliance is key - vet tenants and workers carefully to dodge legal snags. It is likely a tighter market ahead; adjust occupancy forecasts and lean on local insights to stay ahead of ICE’s impact. Be sure to work with your attorney to update your policy with regard to providing application and legal documents to law enforcement should they request it. Legal expertise will be needed to comply with local, state and federal law. Now is the time to update the policy – not when badge holders are asking for the documents!

Enforcement starts in March 2025!

For all properties receiving federal funds, such as housing Choice Vouchers (Section 8) smoke detector and carbon monoxide requirements changed. Beginning January 1, 2025 all smoke detectors must be tamper proof, meaning hardwired or having the 10-year sealed battery. A smoke detector must be placed in every bedroom and one in the common area of the home. If ceiling mounted, they should be more than 4” from the wall. If they are wall mounted, they should be between 4” and 12” from the ceiling. Basement detectors should be installed on the ceiling at the bottom of the stairs leading to the next level of the home. A carbon monoxide detector is required if there is an attached garage or fuel burning appliance in the unit. If a fuel- burning appliance fuels the bedroom, one must be in that bedroom.

Kansas City Source of Income Court Case

A Kansas City court case on source-of-income discrimination is one to watch. It pits landlords’ right to choose tenants against laws protecting voucher holders and non-wage earners. A ruling either way could ripple through rental markets nationwide—upholding protections might force housing providers to accept Section 8 tenants, while a Housing provider win could tighten screening power. The outcome is pending, but it’s a hot topic for property managers.

Prep for both scenarios: if tenant rights win, ensure your leasing process complies; if housing providers prevail, you’ll have more flexibility but could face PR heat in voucher-heavy areas. Either way, this could reshape tenant pools and revenue strategies, especially in Midwest markets. The ultimate irony is that if Public Housing Authorities were efficient and effective, and less regulatory oriented than the alternate market customers, there would be NO NEED for this suit as property owners would welcome working with PHAs. As it is, these bloated, backward, red-tape heavy bureaucracies alienate housing providers on a very regular basis!

HUD Secretary Confirmed Scott Turner

Scott Turner took the HUD helm on February 5, 2025, bringing a cost-cutting mindset that’s already shaking things up for the housing sector. A former Texas lawmaker, he’s axing DEI contracts, $4 Million to date, and eyeing efficiency—think leaner operations for FHA loans and housing programs. His rural-urban focus could mean more funding for underserved markets, but details are thin as of now. Industry players relying on HUD-backed financing or inspections should note his “every dollar counts” mantra.

Turner’s approach could speed up loan approvals if staff cuts don’t gum up the works. But with rumors of big layoffs (see HUD DOGE below), expect potential delays in processing or inspections. If you are planning to build utilizing HUD funding of any sort, stay proactive—build buffers into project timelines and look for clarity on how his vision impacts your bottom line.

HUD DOGE Target, 50% Layoffs Predicted, Impact on Inspection and Loan Processing

HUD’s “DOGE” plan—likely a cost-cutting push under Secretary Turner—hints at slashing 50% of staff, a bombshell for the industry. Fewer bodies could clog loan approvals and inspections, slowing project approvals or financing deals. Turner’s efficiency drive aims to refocus on rural and urban needs, but the trade-off might be operational gridlock. To overcome this, staff has been incentivized to bring forward red-tape cutting measures to save time and money. Typically, internal staff only nibble around the edges of real change. The new executive leadership and 3^rd party perspective of the DOGE audits implementing AI and trimming redundancies are the main hope!

In short, brace for delays: pad timelines for FHA loans or HUD inspections, and expect longer waits on affordable housing approvals. With HUD at record breaking staffing numbers and the majority passed the age of retirement, buyouts and reductions to new and updated processes are LONG past due.

State by State Update

States are moving fast as federal action lags. California’s tightening tenant rules—more headaches for landlords—while Texas offers tax breaks to spur rentals. New York’s eyeing marijuana cash for housing, and Florida’s speeding up evictions. The legislative response is in part a reflection of the varied economic conditions: opportunity in some markets, restrictions in others.

Key concerns: wildfire zones need rebuilding support, Midwest discrimination suits could shift tenant screening, and Northeast transparency bills (like New Hampshire’s) add admin burdens. Tailor strategies state-by-state—tap local rebates where you can, and brace for compliance shifts where you can’t.

Be sure to check out National REIA’s Bill Track site for a state-by-state tracing of bill progress!

New Hampshire Rental Registration/Rate Publishing Bill HB 558

New Hampshire’s bill to register rentals and publish rates is picking up steam in 2025. For housing providers, it’s more paperwork—listing properties and rents publicly—but it could level the playing field in a hot market. It is pitched as a transparency boost, though it is likely to chase off additional capital investment in NH housing.

If it passes, compliance costs rise, and low-ball pricing could squeeze margins. On the flip side, it might draw tenants hunting deals – if your property is the most efficient.

Ironically, the DoJ sued Real Page for publishing rental rates and then adjusting for surge pricing – like airlines have done for decades - and yet New Hampshire is going to prep the hard part, getting individual rental prices published, allowing for “adjustments” by housing providers ongoing!

On more local note: Uptick in Fines/Inspections – Reduced Revenues

Fines and inspections are climbing, but local revenues are tanking—a red flag for the housing industry. Stricter housing codes mean more likely penalties for noncompliance. Even with substantial increases in housing values and property taxes, cash-strapped cities aren’t seeing the payoff, potentially cutting services or increasing fees. Additionally, HUD staff cuts could shift more enforcement to locals, putting upward pressure on municipalities and ultimately increasing your costs.

Simply put, it’s a profit squeeze; proactive maintenance is your best defense. Audit your properties now—fix issues before fines hit. If new inspection programs are rolled out in your community, budget for higher upkeep, and expect slower municipal responsiveness if revenues keep sliding

Marijuana Income and Local Governments

Marijuana taxes are padding local budgets—good news for housing as states like Colorado and New York funnel cash into rentals and infrastructure to help offset high housing prices. While it can ease pressure from inspection-driven revenue drops and potentially fund subsidies or tax breaks for housing projects new and renovated, the funding source is unstable.

The catch: the Feds stance on cannabis is not good and federal rules limit banking options. Tap into local grants if available, but tread carefully—marijuana money’s a boost, but not a sure or long-time bet.

Finally, be aware of the crosswinds involved with often contradictory local and state laws relating to smoking bans and the ADA exceptions for marijuana. There are a growing number of court cases where the property owner is trying to balance the rights of non-smokers with the ADA exception of a marijuana smoker. Know the local rules and make sure your written policy is up to date!

Legislative Updates February 2025

The Branches: Executive / Legislative / Judicial

While each branch has a role to play in the federal government, we are in for a generational reshuffling of authority.

No Budget, CR Expires Soon, Shutdown Looming

Renewed TCJA - New Administration Tax Policy

Respect State Housing Laws Act (CARES ACT) and Tax Reform/Topics (Preserve, Enact, Protect)

Department of Energy Delaying Energy Efficiency Guidelines for Appliances until 3/21/25 and Longer, Hot Water Tank Concerns

Guidance on ICE Enforcement, Importance of Law Enforcement Policy

Enforcement starts in March 2025!

Kansas City Source of Income Court Case

HUD Secretary Confirmed Scott Turner

HUD DOGE Target, 50% Layoffs Predicted, Impact on Inspection and Loan Processing

State by State Update

Be sure to check out National REIA’s Bill Track site for a state-by-state tracing of bill progress!

New Hampshire Rental Registration/Rate Publishing Bill HB 558

If it passes, compliance costs rise, and low-ball pricing could squeeze margins. On the flip side, it might draw tenants hunting deals – if your property is the most efficient.

On more local note: Uptick in Fines/Inspections – Reduced Revenues

Marijuana Income and Local Governments

Legislative Update: Winter 2024

With all the campaign ads a distant bad memory, the implications of those decisions are starting to take root. Common sense has raised its head, in California of all places, with the defeat of Proposition 33 which would have expanded rent control statewide. Across the country many regions voted down property tax increases, even as property valuations are driving higher.

The seats will move slightly in Washington DC with President-Elect Trump moving quickly to nominate his cabinet, which allows the Senate to start hearings after they are sworn in the 3^rd of January. The Presidential Inauguration will follow on the 20^th. With a final Electoral Vote yet to be finalized as of this writing, the estimate is Trump won with 312 compared to Harris’ 226. In the Senate Republicans will have a slight edge at 53 to the Democrats 47, remembering that Cloture requires 60 votes to bring a matter to vote…things will be tough. Although, Senate President Schumer was not afraid of utilizing the “nuclear option” which ignored cloture votes and moved a simple majority. The House is similarly matched with a GOP edge at 219 to the Dems 213 (as of this writing). However, Republicans may be down a few votes as several members have been appointed to cabinet positions and while their seat will likely remain Republican, each state will need to hold a special election or appointment to fill the seat. Missing more than a few members won’t allow anyone to be out sick in order to pass bills along party lines.

As for policies that might be forthcoming from the legislature, expect a focus on renewing the soon the be expiring 2017 Jobs and Tax Cuts Act – a signature bill from the previous Trump Administration. Saber rattling aside on issues such as tariffs, Ukraine and NATO, there are more relevant issues that impact the housing community. Below are a number of bills that could substantially impact housing providers for the better. How much HUD and similarly housing related departments take on these issues could be a question of how much the modern Eye of Sauron (from Lord of the Rings), in the form of the Department of Government Efficiency (DoGE) focuses on them. Here are several to consider:

Require proof of citizenship or active Visa

All HUD subsidized housing through any agency fund, grant, loan, or insurance, shall require proof of US citizenship or active Visa.

Made in American by Americans

All construction and rehab shall be performed by US citizens or active Visa residents.

Stop taxpayer subsidy of drug use

Taxpayers across the country are required to take drug tests and yet their taxes support drug users living in government funded housing. State-based drug testing can be required of residents living in all forms of government subsidized housing, including public housing and Housing Choice Vouchers.

Remove marriage penalty from housing.

The economic qualifications need to be redrafted to eliminate the penalty for married couples to be pushed out in favor of single parent residents. The structural opposition to the family and marriage is further destroying those in poverty – when studies have shown that couples are much more likely to rise out of poverty given the opportunity. The results of generations of governmental policy opposing family-focused housing have only increased the demand for more impoverished housing.

Stop intergenerational housing, term limits on housing.

For the elderly and the disabled, the generous support of the American people will not stop. However, as President Ronald Reagan said, “Government does not solve problems. It subsidizes them.” Allowing for unlimited subsidy allows for unlimited abuse. Housing was meant to be a safety net not a lifestyle. The bureaucracy has focused more on compliance and support, investing in growing the need to justify itself, rather than actually helping people. Every adult and child know the motivation of a deadline. No longer will the able be allowed to take advantage of the American Taxpayer and government housing. Work requirements have been waived and minimized, to the extent that intergenerational housing has become commonplace. Public housing, a resource contingent upon the US taxpayer, will be limited to 5-7 years for the able-bodied. Public housing support should be an escalator up to success, not an introduction to generational poverty.

State Block Grants of Housing

All housing programs will be block-granted to states over a 3-year period, with a 10-year contract at current budget levels. Funding algorithms will be recalculated with duplicative programs consolidated, as per the 2020 Senate Budget Committee Report, “Housing Programs – The Need for One Roof”. States stepping up in the first year will receive a one-time 5% bonus to assist with transitional costs. In the third year, states will receive a 10% reduction in funds. States that refuse to accept the block grants will be considered to have no need for federal housing assistance.

K-3 Education Prioritized Housing Grants - Breaking Cycle of Poverty

There are a few issues that destabilize a child's education before third grade as much as unstable housing. Moving schools within a school year, especially for K through Third grade is significantly impactful for the educational development of the child.

Getting the first child of a family to learn to read is critical. That allows the next children in the family to prosper and be encouraged to be educated rather than poisoned against education. Staying in the same school is critical for consistent education, as well as an intra-grade focus on development.

Most public housing authorities have multi-year wait lists, especially in larger cities, that result in families with young children being delayed the opportunity to participate in stable housing. No longer. Families and single parents with an oldest child under the age of 5 will be enrolled in a 5–7-year Continuous Housing Education Program (CHEP). PHAs will be required to provide at least 10% of funds to this program. A key aspect of CHEP is to keep the participant in the same house, preferably, or at least the same school if a move is required. A time commitment is required from both the resident and the Housing Provider.

Private actions not funded by the government.

The government shall not fund directly or indirectly private actions against violations. The Federal Bureau of Investigations is the current entity funded to investigate and address potential violations. The government does not need to fund vigilante services against private parties. Therefore, no HUD funds may be used for private actions. Everyone has a right to legal defense for criminal proceedings. Civil matters are personal and private and the government should not bring its weight to bear on civil matters.

Banish Administrative Kangaroo Courts, per Chevron Deference.

Chevron Deference has made it clear that administrative courts are unconstitutional, and those who have been forced to try to prove their innocence in Fair Housing administrative courts know the unfairness. HUD will no longer fund administrative courts for fair housing cases nor provide funding in communities that utilize administrative courts for fair housing cases.

Voluntary nature of HUD programs

HUD was designed, voted on and approved as a volunteer program. Any community that violates the volunteer nature of participation in HUD housing for the resident or the housing provider will lose all HUD funding.

Market Support of HUD Programs

As the quintessential urban development department, HUD fully engages the necessities of market forces in growing, developing and redeveloping communities. HUD will support communities engaging in catalyzing and growing communities. However, HUD will no longer fund, support or participate in communities that stifle, reduce or cap housing prices, rents or developments. This is after all the “fastest way to destroy a community” and that is the opposite of HUD’s mission.

Renewing and re-engaging Housing Providers

In many communities the Housing Choice Voucher goes unused by residents because it is declined by housing providers due to burdensome and delayed processing of applications, institutional disregard for contracts as well as the complicated and changing inspection regimes. The contract between a resident, a PHA and a housing provider shall not be changed after signing without at least a 60-day notice after the first year. The habit of changing lease amounts after a contract is signed will result in the removal of funding from the PHA and an inquiry of fraudulent action by the Inspector General.

Removal of Expensive and Redundant Inspection Regimes

As the Housing Choice Vouchers are meant to allow resident to blend into the community and become part of the community, HCVs shall follow the building code standards of the local community and are not required to have any additional inspections. Project-Based rental programs shall be transitioned to municipal compliance as well. Compliance with local building and property codes will be considered acceptable for that community. The cottage industry of consultants feeding on this process shall be eliminated creating real savings for affordable housing.

Community Protection Act – Securing Background Checks

HUD programs are to be best in class and should never represent a threat to the community. Housing providers and PHAs are required to complete civil and criminal background checks on residents upon initial rental and every three years thereafter. States or municipalities that reduce, interfere or eliminate the ability of housing providers or PHAs to run background checks will be exempted from all HUD programs and funds.

Grant Compliance Simplification

As current processes are a byzantine and varied structure for bureaucratic control that requires outside consultants to comply, eating into the very limited grant funds, a few changes are in order:

HUD will use the same definition for homelessness as the VA and Education grants, i.e. class 1, 2, & 4.
Compliance will be annual, not monthly or quarterly.
A simplified and uniform compliance form shall be developed.
Unified Funding Agents (UFA) shall be designated for all 400 grant areas – expanded from the current 14, thereby allowing greater local flexibility.
Allow UFAs greater flexibility to address preventive measures around homelessness.
Promoting Greater Development and Redevelopment of Housing

As the majority of Public Housing has a backlog of renovation requirements far exceeding Congressional funding levels, PHAs will be encouraged to sell properties to private entities or cooperatives, to the extent possible purchasers shall be offered Renovation loans as part of the package. Several PHAs have led in this area, including Columbus Ohio which manages vouchers, not property. History has proven that government is a poor landlord and property divesture needs to be expedited.

Consolidation of Programs

Per the Senate Budget Committee 2020 & OMB 2018 recommendations HUD, USDA and VA should coordinate a process to allow HUD to administer housing for all 3 programs at a reduced compliance level.

Transition from Brick-based bureaucracies to digital services

The welfare system has traditionally been a brick and mortar, 8:00 – 4:00 location-based solution that works for bureaucrats but doesn’t help travel challenged individuals, especially the poorest among us. A tech solution, rethinking services for all programs, must be available to every American – empowerment is the opposite of standing in a line.

Beware the Lame Duck: With the off-year elections wrapped up, many elected officials will have at least a month or so to pass legislation before exiting or renewing their term of office. It is not uncommon for unfavorable legislation to pass during this time frame. Please keep an eye on end-of-year bills! The SEC & Junk Fees: On October 3, 2023, the Securities and Exchange Commission (SEC) announced a proposed rule that would require publicly traded companies to disclose more information about the junk fees they charge their customers. The proposed rule is part of a broader effort by the SEC to protect investors from unfair and deceptive practices. While the proposed rule is still in its early stages, it could have a significant impact on housing providers. The SEC is determining if these are all junk fees: late fees, application fees, and move-in fees. The SEC's proposed rule would require housing providers to disclose more information about any fees they charge, such as the amount of each fee, the frequency with which it is charged, and the conditions under which it is charged. Ideally this information would help tenants to make more informed decisions about whether to rent a particular unit. The goal of the proposal is to increase transparency, competition, and scrutiny, with the hoped-for impact of lowering the cost of housing overall. With SEC enforcement, real or threatened, it is likely the only cost that will change will be the payments to lawyers. In the meantime, please make sure your lease is clear on all fees, so your business doesn’t get junked! Seller Finance Coalition Virtual Event on December 14, 2023: Working with the Seller Finance Coalition for the past several years, National REIA is glad to share a value laden fundraising effort being promoted to help fund the lobbying campaign and push HR 3464 through the legislative process! This one-day event will feature 7 sessions that are not watered-down 'up-sell' presentations you might find at some events. These are content-rich sessions with techniques the speakers use. They will be sharing personal strategies related to: • Discover how to make owner financing work for both buyers and sellers. • Tips for safe seller financing to create notes that consistently perform. • The due diligence techniques successful note investors use on each transaction. • How to expand lending options and provide access to affordable homeownership and much more! For more information, please visit sellerfinancecoalition.org/event. Malvertising: Please make sure your virus protection is up to date and be alert to fake Windows advertising & emails regarding discounts and deals available this holiday season – these sites can insert malware into your computer to either take over your system as ransomware or steal critical financial data from you or your clients. Racially targeted hacking: Iranian-based hackers are targeting publicly known companies of Jewish individuals…if you are or may be confused with a Jewish-owned company, please take extra precautions with any online activities.

Federal Flood Insurance…Good news!

In positive news from the US Government: HUD Secretary Marcia Fudge in conjunction with the Federal Housing Commissioner Julia Gordon have lifted the requirement for Federal Flood Insurance only for FHA-insured mortgages. This is a great step forward for citizens and consumers in FEMA designated flood zones. HUD Secretary Marcia L. Fudge stated, “Flood insurance is required to ensure families and individuals are prepared if disaster strikes. Increasing consumer options for this important protection is one way we are building more resilient communities in the face of climate change.” While insurance might not be the best form of resiliency, it will definitely help bring market forces to bear on FHA-insured mortgages and could greatly assist struggling buyers. As a personal example, the Federal Flood Insurance proposal for a project of mine was estimated at $27,000 annually. The private market offered it for $1,200. Apples to apples. Thank you, Secretary Fudge and Commissioner Gordon!

Rent Control:

Wherever rent control is tried, it has failed spectacularly. It is the short-sighted solution to a long-term problem that eventually exacerbates the housing undersupply and increasing disinvestment, all without helping those it supposedly is intended to assist. Much like the proverb, housing undersupply that local elected officials inherit from their predecessors must be addressed now. Delaying the development helps no one and hurts many. Please reach out to local elected officials and leaders in a coordinated effort to offer stakeholder experiences and advice!

The best time to plant a tree was 20 years ago. The Second best is now. – Chinese Proverb

Stay up to date:

Stay up to date with current industry news and updates by visiting RealEstateInvestingToday.com. Likewise, visit NationalREIA.org/advocacy to stay up today with current legislation and governmental actions.

Legislative Updates: Quarter 4-2023

Insurance costs are going up! Insurance costs have been going up across the nation, especially in hurricane and flood prone areas. Prepare by searching for insurance options early, as several states have been losing providers, and with fewer options, prices continue to increase. Consider increasing the deductible if you have cash on hand. And for flood insurance, ask about discount options. Are you a veteran? Have mitigation efforts been employed? And if you are buying outside your normal area, be sure this information is truly calculated into your due diligence!

On the other hand, rents seem to be stabilizing across the country – markets and especially micro-markets run the spectrum of increases and decreases. Knowing the difference in rent 2-3 city blocks can represent could mean a huge difference in pricing and value of the property. Longer term leases are being employed by some savvy housing providers and requested by residents who know they are in for the long haul. While financing companies like to see those longer-term leases, be sure to look at the whole picture to determine which options are best for each property!

HUD funding $85M to cities to revamp local zoning laws – more housing friendly: get involved! As part of a July role out and update to the White House’s Blueprint for Renter Rights, various departments have initiated new programs. HUD’s funding of $85M to local municipalities furthers the White House effort to expand housing supply promoted in 2022 through higher scores when applying for federal grants, expansion of Accessory Dwelling Units (ADUs) and redevelopment of commercial buildings into residential facilities. The funding will be available to local governments who can and are willing to:

Reduce barriers to building housing, like restrictive and costly land use and zoning rules.
Expand financing for affordable, energy efficient and resilient housing.
Promote commercial-to-residential conversion opportunities, particularly for affordable and zero emissions housing.

So, cities, villages and townships will likely be reviewing their zoning laws? Great. Consider this a wonderful opportunity for local investors, especially ones who invest in their own community(!) to make themselves available to stakeholder groups that will participate in the review and likely redevelopment of the zoning laws. Aside from knowing where the changes will most likely impact – knowledge of real value – the relationship development for the individual and the local REIA can be game changing. This is the ground-floor planning of the community you are investing in, how much more of a pulse of the community could you possibly obtain?

Halloween decorations are out! Once Labor Day passes, the scary stuff starts hitting the shelves in September and October around the country. On the streets it is no different as off-year elections bring out local candidate of every stripe for the election in November. While there are 3 states with executive branch elections, primarily local elections will dominate. Overall, there will be more than 5,000 local positions open – from Trustees and Councilmembers to Alderman and Mayors, and many of those will be contested races. These positions may be long term influencers or a stepping-stone to higher office – but make no mistake, they will have influence. Will you? Candidates are the most impressionable right before an election! Engage with them because the anti-housing side will be there. The anti-property rights groups will…Will you?

Legislative Update-Spring 2022

By Charles Tassell

The first scheduled interest hike is in March, with the Federal Reserve forecasting at least two more during the year. This first one is expected to be .5%, but there are no guarantees. Nor are markets sure what to expect from future raises, or if there may be even more. To further complicate the issue is Russia’s invasion of Ukraine. The impact on commodities, especially wheat, oil and natural gas when the logistical backlogs were starting to slow, could be dramatic. As of this writing, it is still unknown. What is known is that COVID and COVID-fatigue are creating a spring of growth for 2022. That is if one can find employees! The Great Resignation, in part due to Boomers aging out and in part due to those who have determined there is something better for them – especially those seeking remote and hybrid options, is still in full swing. However, what is entirely missing and may yet change the calculus are the myriad of service workers who have given up on work/employment and shifted to gig-employment as needed, and if needed. Their expectations have been lowered to such a degree that a small but regular government check seems better than the drudgery of dealing with the public in their former service roles. This missing group and its possible return may be the difference between chasing inflationary pressuring wage hikes and a stable but increasing GDP benefitting all. In the summer of 2020 I was in a meeting with council members, mayors and city managers who were discussing the various COVID era grants and how the funds should be spent, when the discussion turned to documenting those expenditures. The real concern wasn’t even the documentation but if the categorization was incorrect, would the municipality, and therefore the taxpayers be on the hook for the expenditure, with a mandatory repayment. Or in true IRS fashion: interest, fines, and interest on the fines! While the feds and many governors were calling for the funds to be spent, many local level elected officials were rightly concerned. Business owners should be concerned as well, not only for the potential liability of the municipality where they pay taxes, but also because the Small Business Administration is seriously focusing on PPP and EIDL grant/loans. Auditors are sharpening their pencils as careers will be made auditing the expenditures. PLEASE make sure your documentation is correct. IF you have concerns, call them before they call you. Like a police officer, if they have to chase you down, well…you are going to pay! Legislative Log Jam With the mid-year election cycle coming this November there will be an increasingly disparate and shrill call that things are either doing much better or far worse than reality, depending on whose interests are of concern. Word of advice: seek balance and truth early and often, as they will be harder to find as the year progresses. Then breathe deep before making decisions…International conflicts will further complicate the decision process. Be sure to check out the Advocacy tab on NationalREIA.org website. Here, as part of our bill tracking, you find a listing of bills introduced and ongoing across the country. With over 5K rental property related bills alone, your state is probably considering doing something (detrimental) to your business! For example, there are: • 32 bills on abandoned housing • 219 bills on house rehabbing • 66 bills on housing preservation • 13 bills on property maintenance code • 3,632 bills on business licensing • 124 bills on real estate inspections • 5,431 bills on landlord issues / property management A word to the wise: Speaking of International conflicts… The ramifications of those conflicts could show up at a computer near you. Every computer-protection firm and various branches of the government are warning businesses to back-up and lock down their computers. Consider the time lost to rebuilding a hacked and locked file system vs a 100 Terabyte(!) back-up hard drive. And if you are not sure how to do it, hire a teenager for $100 and watch the magic! (When they ask if you want regular back-ups with alternating overwrites, say “yes.”) For perspective, there are several websites that show the active level of hacking threats, botnet threats and other more nuanced efforts, such as: https:// securitycenter.sonicwall.com/m/page/ worldwide-attacks. However, in cyber protection efforts, it is important to understand that with all the hacks and leaks out there, inevitably accounts and pcs will get hacked. How prepared you are for them, how quickly you respond and are able to bounce back may well speak to the viability of your business and your sanity! HUD Update: HUD’s Moving to Work program expands as it marks 25 years in existence. 29 Housing authorities have been added to the program, with little said about past success, in part because of the lack thereof… HUD-FHA in an effort to help singlefamily owner occupants, has extended the purchase time for single-family homes that have been “taken back” (nice phrase for foreclosed: yes, they still do that!) by one of the quasi-governmental mortgage housing funders and insurers. The extension will expand from 15 to 30 days as of March 1st. The unintended consequence being that every municipality and next-door neighbor who has been hoping to get these vacant and often damaged homes back on the market will now wait an additional two weeks for an investor to buy the property, fix it up and place it back on the market. This is another example of the government fixing a problem that was not broken. In the general marketplace singlefamily homes can be sold with multiple offers before even hitting the market! Yet, somehow these often highly problematic homes need an additional two weeks sitting on the market because America’s 1.5+ million real estate brokers somehow cannot find them in the first two weeks! The reality is that these properties often need substantial repairs and /or updates beyond the loans offered by the GSEs, not to mention a level of sophistication to get work done properly, that the general public would rather avoid. However, after an investor re-capitalizes the property and makes it habitable again, they do sell – and everyone benefits. The extension is an example of feel-good policy with poor results. HUD has significantly increased funding for testers and fair housing violations – please make sure you and your business are up to date on ALL fair housing requirements. This is especially true for reasonable accommodation requests. The housing industry is quite familiar with the highly abused issue of companion animals (not pets!) and a mistake or misstep can cost thousands of dollars. It’s a new year with a federal administration that is still settling in, so please take an updated fair housing class! Besides, with local, state and various federal programs having potential jurisdiction, not to mention all the bad advice and misinformation on the internet, a professional in the housing industry really does need to stay up to date on these issues. Many cases I am familiar with result in misunderstandings of rights on both sides that should have been resolved early on, but personalities and stubbornness resulted in litigation rather solution-seeking. Please don’t let a lack of knowledge cost your company or your reputation. Charles Tassell is the Chief Operating Officer

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Minnesota Real Estate Investors Association, Inc.

Minnesota Real Estate Investors Association, Inc.

Legislative Updates