{"id":62948,"date":"2026-05-02T03:00:19","date_gmt":"2026-05-02T01:00:19","guid":{"rendered":"https:\/\/housesmarketplace.com\/with-the-hill-in-limbo-on-road-act-the-toll-on-btr-projects-climbs\/"},"modified":"2026-05-02T03:00:19","modified_gmt":"2026-05-02T01:00:19","slug":"with-the-hill-in-limbo-on-road-act-the-toll-on-btr-projects-climbs","status":"publish","type":"post","link":"https:\/\/housesmarketplace.com\/ru\/with-the-hill-in-limbo-on-road-act-the-toll-on-btr-projects-climbs\/","title":{"rendered":"With the Hill in limbo on ROAD Act, the toll on BTR projects climbs"},"content":{"rendered":"
\n

Last week, 76 members of Congress, specifically the Real Estate Caucus and the Build America Caucus, signed a bipartisan \u043f\u0438\u0441\u044c\u043c\u043e<\/a> \u201cexpressing serious concerns\u201d over section 901 of the 21st Century ROAD to Housing Act<\/a>.<\/p>\n

The letter, signed by 38 democrats and 38 republicans, urged House leadership to remove or substantially alter the highly contentious Section 901, arguing it could reduce housing supply and negatively impact renters. <\/p>\n

Section 901, added at the last minute to the \u0421\u0435\u043d\u0430\u0442 \u0421\u0428\u0410<\/strong>\u2019s version of the legislation before it passed on 12 \u043c\u0430\u0440\u0442\u0430<\/a>, would ban institutional investors that own 350 or more single-family homes from purchasing additional single-family properties, other than manufactured housing.\u00a0<\/p>\n

Section 901 would exempt renovate-to-rent projects and existing build-to-rent (BTR) communities from immediate disposition. However, it would mandate that those homes be sold to individual homeowners within seven years.\u00a0<\/p>\n

Similar rules would apply to developers building new BTR communities, requiring that those rental homes be sold to individual homeowners within seven years of completion. <\/p>\n

However, these provisions would only apply to single-family and duplex homes. Triplexes, fourplexes and traditional multifamily properties are generally exempt, although the legislation\u2019s text is ambiguous enough to possibly leave those exemptions open to interpretation in the future.\u00a0<\/p>\n

\u0412 \u0440\u0430\u0437\u0433\u043e\u0432\u043e\u0440\u0430\u0445 \u0441 \u0416\u0438\u043b\u044c\u0435\u041f\u0440\u043e\u0432\u043e\u043b\u043e\u043a\u0430<\/strong>'s The Builders\u2019 Daily<\/em>, representatives from organizations that advocate on behalf of the rental housing industry say that they have lobbied hard to remove or significantly alter Section 901.\u00a0<\/p>\n

Rather than delivering hypothetical arguments, industry leaders brought real-world examples to Capitol Hill of how the proposal is already impacting the BTR industry. If passed, Section 901 would make it difficult for investors and developers to profit on BTR projects, thereby discouraging investment and potentially impacting supply.<\/p>\n

The uncertainty, to a large extent, has already frozen capital flow into new BTR construction, and \u0438\u0441\u0441\u043b\u0435\u0434\u043e\u0432\u0430\u0442\u044c<\/a> \u0438\u0437 \u0418\u043d\u0441\u0442\u0438\u0442\u0443\u0442 \u0443\u0440\u0431\u0430\u043d\u0438\u0437\u0430\u0446\u0438\u0438<\/strong> estimates that the legislation could \u201cdecrease the number of rental units built each year by at least 72,000\u201d.\u00a0<\/p>\n

With the provision\u2019s fate uncertain, capital flow into BTR construction has shrunk to a trickle for the time being. While some developers tell \u0415\u0436\u0435\u0434\u043d\u0435\u0432\u043d\u0430\u044f \u0433\u0430\u0437\u0435\u0442\u0430 \u0441\u0442\u0440\u043e\u0438\u0442\u0435\u043b\u044f<\/em> that the uncertainty surrounding the legislation hasn\u2019t affected them yet, others confirm they have already lost out on deals.\u00a0<\/p>\n

A concerted lobbying effort\u00a0<\/h2>\n

In January, President Donald Trump signed an executive order<\/a> targeting institutional investors. Later, the administration revealed that BTR would be exempt from any institutional investor ban. The \u041f\u0430\u043b\u0430\u0442\u0430 \u043f\u0440\u0435\u0434\u0441\u0442\u0430\u0432\u0438\u0442\u0435\u043b\u0435\u0439 \u0421\u0428\u0410<\/strong> passed its own version of the 21st Century ROAD to Housing Act without Section 901, but the Senate\u2019s version of the bill, which passed a month later, included the controversial section.\u00a0<\/p>\n

Since then, organizations that advocate on behalf of the rental housing industry have assertively lobbied Congress, urging members to reject or significantly alter Section 901 to allow carve-outs for BTR.\u00a0<\/p>\n

To date, those conversations have mostly taken place in the House. Getting access to Senators has been much more difficult, said Owen Caine, AVP, Federal Legislative Affairs at the \u041d\u0430\u0446\u0438\u043e\u043d\u0430\u043b\u044c\u043d\u0430\u044f \u0430\u0441\u0441\u043e\u0446\u0438\u0430\u0446\u0438\u044f \u0432\u043b\u0430\u0434\u0435\u043b\u044c\u0446\u0435\u0432 \u043a\u0432\u0430\u0440\u0442\u0438\u0440<\/strong> (NAA).<\/p>\n

\u201cI think the Senate just kind of shut down. After they passed their bill, I think their hope was that the House would just kind of take it and move it and keep moving the way that they did. And thank God for us that that wasn\u2019t the case, ultimately. But even today, I think it\u2019s still very tricky to get in and have this conversation with many US senators in a productive way, because they\u2019re still just pivoting back to what they already did, as opposed to trying to find a way to compromise with the House, which has a different viewpoint on this moving forward,\u201d Caine explained. <\/p>\n

The two chambers will need to reach an agreement on the legislation before it heads to the Oval Office. It\u2019s been in limbo for the last several weeks, as members of the House have pushed back on Section 901. Last week\u2019s letter, signed by a bipartisan group that wants to see Section 901 removed or modified, shows signs that the industry\u2019s concerns are being taken seriously.<\/p>\n

It gives housing leaders some hope that there will be a positive resolution, despite lingering uncertainty.<\/p>\n

The NAA was one of many organizations that took part in the advocacy efforts, sending roughly 900 members to Capitol Hill in late March. In one day, those members held about 300 meetings with legislators and their staff.\u00a0<\/p>\n

\u201cI think the advocacy was very effective in kind of pumping the brakes on how fast this was going in the Senate and provided some time for us to get our members in town during our fly in, for us to meet with offices, individually and as a group, and continue those conversations in hopes of finding legislative solutions to what is an otherwise great piece of legislation that we\u2019re supportive of, except this one last section at the end,\u201d Caine said.\u00a0<\/p>\n

Adrianne Todman, CEO of the National Rental Home Council<\/strong> (NRHC), a trade association that lobbies on behalf of the single-family rental and BTR industry, called the letter \u201ca wake-up call for other policymakers.\u201d<\/p>\n

Todman has had numerous conversations with federal legislators and their staff since March and reports a positive response. Todman presented lawmakers with real-world evidence of what is already happening to the BTR industry, instead of hypothetical scenarios.\u00a0<\/p>\n

\u201cI have yet to have spoken to and educated a lawmaker or that person\u2019s staff who didn\u2019t understand,\u201d Todman explained.\u00a0<\/p>\n

Marcus Wiedower, a former state legislator in Georgia and Vice President of External Affairs at Hillpointe<\/strong>, a multifamily and BTR developer, said that he was one of many industry professionals who spoke with federal officials over the last several weeks. These conversations included meetings with representatives Mike Flood (R-NE) and Emanuel Cleaver, II (D-MO), co-sponsors of the House legislation.\u00a0<\/p>\n

\u201cBeing a former legislator myself, I understand how sometimes we miss the bar,\u201d Wiedower said.\u00a0<\/p>\n

How Section 901 has impacted the BTR industry<\/h2>\n

Hillpointe is mostly a traditional multifamily developer, but the company also has a BTR brand that delivers townhomes and duplexes. According to Wiedower, BTR accounts for less than 10% of Hillpointe\u2019s business. To date, the firm has not yet been affected by the uncertainty, but if the legislation passes, it would effectively kill Hillpointe\u2019s BTR brand.\u00a0<\/p>\n

\u201cNow, where it has affected us in banking is, if there is a townhome or cottage component for us, we have had some banks get nervous about lending. Now they have not [stopped], because obviously, we leverage banks from our fund. But, you know, they are asking questions and being cautious about writing a loan on any project that has that component,\u201d Wiedower explained.\u00a0<\/p>\n

For other BTR developers, the impacts have been more immediate. Florida-based Southern Impression Homes<\/strong>, which builds townhomes and single-family homes for sale, has already lost out on deals.\u00a0<\/p>\n

\u201cWe actually had a couple of projects that were single-family, individually platted communities that were at the end of our inspection periods, and we had to just cancel the deal. Because we couldn\u2019t justify moving forward with that level of risk related to the bill,\u201d Southern Impression Homes President and CEO Chris Funk said.\u00a0<\/p>\n

\u201cThe equity markets for built-to-rent and multifamily were both incredibly tight before [Section 901] went out. After it went out, I can\u2019t tell you how many deals have either been put on hold or died altogether\u201d, Funk added. <\/p>\n

Investors say that they can\u2019t justify pouring capital into BTR assets if they have no clear path to making a return on their investment.\u00a0<\/p>\n

\u201cAny uncertainty will put a chill on the transaction market, because you have to price in that uncertainty, and we don\u2019t know right now whether there could be an exit for these assets. The biggest issue, as we all know, is the provision they inserted, kind of at the last-minute \u2014 section 901,\u201d said Peter Ciganik, Partner at GTIS Partners<\/strong>, which invests in and develops BTR projects. \u201cWhen you have that, you can\u2019t responsibly underwrite an exit scenario.\u201d<\/p>\n

Tony Julianelle, CEO and Partner at Atlas Real Estate<\/strong>, which invests in BTR communities and has acquired thousands of rental homes, agrees.\u00a0<\/p>\n

\u201cI can tell you right now that capital for new construction projects is completely frozen, both equity and debt. So there are lenders who are saying we won\u2019t even look to underwrite or refinance a built-to-rent product today, because we don\u2019t understand what the exit options are due to this pending legislation,\u201d Julianelle said.\u00a0<\/p>\n

Picking winners and losers<\/h2>\n

Industry professionals argue that Section 901 picks winners and losers. Owning is bad, and renting is good. Traditional apartments, fourplexes and triplexes are permissible, but single-family homes and duplexes for rent are not.\u00a0<\/p>\n

Ting Qiao, co-founder and CEO of Wan Bridge<\/strong>, a BTR developer in Texas, said that his business hasn\u2019t been impacted by the legislation in any meaningful way. Wan Bridge builds townhomes and single-family homes for rent, but Qiao said that most of the company\u2019s deliveries come from fourplexes, which would be exempt from Section 901. As a result, lenders are still willing to write checks for those projects.\u00a0<\/p>\n

\u201cAbout 60 to 70% of our product are [fourplexes]. That\u2019s our bread and butter, and we saw a lot of demand from apartment renters who would like to live in those kinds of communities,\u201d Qiao said.\u00a0<\/p>\n

Many industry insiders worry that the legislation\u2019s wording is ambiguous enough to potentially affect rental housing types beyond single-family homes and duplexes, depending on how it is interpreted. Others say that discriminating against certain types of rental housing, while favoring others, is misguided.<\/p>\n

Senator Elizabeth Warren (D-MA) was instrumental in getting Section 901 added into the legislation at the last minute. While the Senate has been largely reluctant to make changes to the bill, this provision has received pushback from the upper chamber, including from members of Warren\u2019s own party.\u00a0<\/p>\n

Senator Brian Schatz (D-HI), in an impassioned speech on the Senate floor in March, railed against Section 901. While he agrees with banning large investors from buying up individual homes, he says that Section 901 was written incorrectly, in a way that unfairly targets the build-to-rent industry. Section 901, Schatz said, was a \u201cdrafting error\u201d that can easily be corrected.\u00a0<\/p>\n

\u201cIf you do a triplex, you\u2019re fine. If you do a duplex, you must sell after seven years. This is positively Soviet. It is arbitrary. We have decided owning is good, renting is bad. We have decided triplexes are fine, duplexes are not. We have decided that hedge funds can have their way with apartment complexes, but not on the single-family home side,\u201d Schatz argued.<\/p>\n

Furthermore, many argue that the legislation would discourage large investors from renovating distressed homes<\/a>, which often sit vacant for years. Investors that spend at least 15% of the purchase price on improvements would be granted an exemption.\u00a0However, Julianelle argues that the 15% threshold is very high. <\/p>\n

Assuming an average purchase price of $400,000, investors would need to spend $60,000 on improvements per home to qualify for that exemption. Atlas Real Estate purchases and renovates many homes, but spends somewhere in the mid-$20,000 range per home, falling well short of the 15% mark.\u00a0\u00a0<\/p>\n

\u201c[15%] is just a meaningful number. I mean, you\u2019re buying very distressed assets at that point,\u201d Julianelle said. \u201cAnd it\u2019s not like there\u2019s a plethora of those assets that are available.\u201d<\/p>\n

The cost of uncertainty<\/h2>\n

Some analysts go so far as to argue that even if Section 901 is completely excised from the final draft of the 21st Century ROAD to Housing Act, it has already taken a long-term toll on BTR investment players.\u00a0<\/p>\n

\u041f\u043e \u0434\u0430\u043d\u043d\u044b\u043c \u0438\u0437 \u0427\u0430\u043d\u0434\u0430\u043d \u042d\u043a\u043e\u043d\u043e\u043c\u0438\u043a\u0441<\/strong> \u0438 Arbor Realty Trust<\/strong>, BTR starts made up more than 7% of all single-family construction in 2025, up from the historical 2.3% average. With single-family rentals expanding their footprint, the sector has drawn heightened political scrutiny from both sides of the aisle, as homeownership becomes less attainable for many Americans.<\/p>\n

As a result, there is always a risk that similar legislation could reemerge, depending on where political winds blow.\u00a0<\/p>\n

\u201cSome capital will not return even if the bill is altered, out of fear of what could happen in the future,\u201d wrote Chris Nebenzahl, Vice President, Rental Research at \u0418\u0441\u0441\u043b\u0435\u0434\u043e\u0432\u0430\u043d\u0438\u044f \u0438 \u043a\u043e\u043d\u0441\u0430\u043b\u0442\u0438\u043d\u0433 \u0414\u0436\u043e\u043d\u0430 \u0411\u0435\u0440\u043d\u0441\u0430<\/strong>.\u00a0<\/p>\n

For now, BTR industry stakeholders are holding their breath as they await what compromise, if any, the House and Senate will reach. Meanwhile, every day this uncertainty lasts is another day that projects are put on hold. <\/p>\n

This limbo has real-world consequences, said George Ratiu, VP, Research, at NAA.\u00a0<\/p>\n

Many projects, even those with significant upfront investments such as permitting and land development, are frozen due to uncertainty about the legislation. Assuming that Section 901 isn\u2019t included in the final draft of the legislation, developers \u2013 and renters \u2013 could still feel the effects in the form of higher costs.\u00a0<\/p>\n

\u201cWhen we restart [construction], what are we going to face in terms of lumber, in terms of wages, in terms of fuel, just to get supplies to the construction site? So that\u2019s why, to me, simply delaying or not resolving this\u2026is simply tacking on additional cost, which down the line, as it always does in any business, would get passed to the consumer, either in the form of fewer options available, or, in many cases, potentially higher prices,\u201d Ratiu said.\u00a0<\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"

Last week, 76 members of Congress, specifically the Real Estate Caucus and the Build America Caucus, signed a bipartisan letter \u201cexpressing serious concerns\u201d over section 901 of the 21st Century ROAD to Housing Act. The letter, signed by 38 democrats and 38 republicans, urged House leadership to remove or substantially alter the highly contentious Section […]<\/p>","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-62948","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"yoast_head":"\nWith the Hill in limbo on ROAD Act, the toll on BTR projects climbs - Houses Marketplace<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/housesmarketplace.com\/ru\/with-the-hill-in-limbo-on-road-act-the-toll-on-btr-projects-climbs\/\" \/>\n<meta property=\"og:locale\" content=\"ru_RU\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"With the Hill in limbo on ROAD Act, the toll on BTR projects climbs\" \/>\n<meta property=\"og:description\" content=\"Last week, 76 members of Congress, specifically the Real Estate Caucus and the Build America Caucus, signed a bipartisan letter \u201cexpressing serious concerns\u201d over section 901 of the 21st Century ROAD to Housing Act. 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