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
Representative
NV-4
The Housing Market Transparency Act requires the Department of Housing and Urban Development (HUD) to collect and publicly report detailed information on properties utilizing the Low-Income Housing Tax Credit. This aims to increase oversight regarding construction costs, ownership, and compliance status of affordable housing developments. States will be responsible for submitting required data to HUD annually.
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.
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.
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.
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.