PolicyBrief
H.R. 3216
119th CongressMay 6th 2025
Housing Market Transparency Act
IN COMMITTEE

This bill mandates that the Department of Housing and Urban Development (HUD) collect and publicly report detailed information on properties utilizing the Low-Income Housing Tax Credit to increase market transparency.

Steven Horsford
D

Steven Horsford

Representative

NV-4

LEGISLATION

Housing Transparency Bill Demands Annual Data on Tax Credit Properties to Expose Costs and Compliance

The Housing Market Transparency Act is essentially a major data upgrade for how the federal government tracks subsidized affordable housing. Specifically, it forces the Department of Housing and Urban Development (HUD) to start collecting a mountain of data on properties built using the Low-Income Housing Tax Credit (LIHTC)—often called Section 42 properties.

The bill mandates that state agencies, which currently manage these tax credits, must report detailed information to HUD. This isn't just a headcount; it includes financial specifics like the initial cost of construction (including what the general contractor was paid), who actually owns the property (down to the LLC or partnership), the results of recent habitability inspections, and exactly when the property’s affordable rent requirements are set to expire. States have 18 months after a property is finished to submit the initial report, and then they have to send annual updates.

Following the Money: What It Means for Accountability

For anyone who cares about how taxpayer money is spent on affordable housing, this bill is a big deal. Currently, it can be tough to track if these subsidized properties are actually staying affordable and well-maintained over the long term. This new system, outlined in Section 2, aims to fix that by creating a national database. For example, if a developer gets millions in tax breaks to build apartments, the public will now be able to see the inspection history and know if those units are actually safe and decent places to live, long after the ribbon-cutting ceremony. HUD is required to make most of this collected data publicly available every year, which is a win for housing advocates and watchdog groups.

The Cost of Clarity: New Burden for States and Owners

While transparency is great, it doesn't come free. The biggest immediate impact will be felt by state housing finance agencies and the property owners themselves. These state agencies are now tasked with gathering all this granular data—from contractor payments to ownership structures—and submitting it to HUD. This means they need to build new data systems, and that takes time and money. The bill tries to smooth this out by requiring HUD to provide technical assistance to the states, ensuring everyone reports the same way and avoiding duplicate reporting if a property gets funding from multiple federal programs.

The Fine Print and the Gray Areas

There are a couple of things to note in the fine print. First, while HUD must release most of the data publicly, the bill makes an explicit exception for the "specific development cost data." This means we won't get full transparency on how much profit developers are pulling from these projects, which is a key piece of the puzzle for understanding the efficiency of the LIHTC program. Second, the bill gives the Secretary of HUD broad authority to collect "Any other relevant data the Secretary decides is important." This kind of open-ended language can be a double-edged sword: it allows HUD to adapt to new issues, but it also means states and owners could face unpredictable, added reporting requirements down the line, depending on who is running the department.