PolicyBrief
S. 788
119th CongressFeb 27th 2025
HOPE (Humans over Private Equity) for Homeownership Act
IN COMMITTEE

The HOPE for Homeownership Act imposes new excise taxes on large investment entities that own excess single-family residences and disallows mortgage interest and depreciation deductions for those properties.

Jeff Merkley
D

Jeff Merkley

Senator

OR

LEGISLATION

HOPE Act Hits Large Investors with 15% Tax on New Homes, Strips Mortgage Deductions

The “HOPE (Humans over Private Equity) for Homeownership Act” is a direct shot across the bow of large institutional investors who have been snapping up single-family homes. If you’ve been frustrated by getting outbid by cash offers from hedge funds when trying to buy a house, this bill is designed to change the math for those big players.

The core of the bill introduces a brand-new federal excise tax (Chapter 50B) aimed squarely at entities like large partnerships, corporations, and REITs that manage pooled investor funds—what the bill calls “applicable taxpayers.” This isn’t just a slap on the wrist; it’s a significant financial disincentive meant to make holding single-family homes (defined as properties with 1 to 4 units) far less profitable for these groups.

The Immediate 'Buy' Penalty

The bill creates two major tax hurdles. The first is an immediate penalty on purchase. If you qualify as a “hedge fund taxpayer”—meaning you’re an applicable taxpayer managing at least $50 million in assets—you get hit with a tax the moment you buy a new single-family home. That tax is the greater of 15 percent of the home’s purchase price or a flat $10,000 fee. Imagine buying a $400,000 house and immediately owing $60,000 in tax just for the purchase. This provision (SEC. 2) is clearly designed to halt new acquisitions by these large funds dead in their tracks, forcing them to reconsider whether the investment is worth the immediate cost.

The Annual 'Holding' Penalty

The second penalty targets funds that already have large portfolios. Applicable taxpayers who own more than their “maximum permissible units” by the end of the year get taxed $5,000 for every home over that limit (SEC. 2). Even if a fund tries to dump a property quickly, the bill has a catch: a “disqualified sale” during the year still counts that house toward the year-end total. This means large investors can’t just cycle properties quickly to avoid the penalty; they are forced to reduce their overall inventory permanently.

Stripping Away the Investor Tax Breaks

If the new excise taxes weren't enough, the bill delivers a second major blow in Section 3: it strips away the two biggest tax advantages of owning real estate for these covered taxpayers. If a fund is liable for the Chapter 50B tax, they are blocked from taking the mortgage interest deduction on the debt used to acquire the home, and they are also blocked from taking any depreciation deduction for that property. Depreciation is how investors write off the wear and tear of a property over time—it’s a massive financial benefit. Removing both the interest and depreciation deductions means the economics of holding these rental properties become significantly worse, likely forcing many large funds to divest their holdings.

What This Means for the Housing Market

The goal here is straightforward: reduce the competition that individual buyers face from Wall Street money. If these large entities can no longer buy homes without a steep penalty and can’t hold them profitably without major tax deductions, they will likely be forced to sell off large chunks of their portfolios. For the average person looking to buy a house, this could potentially mean more inventory on the market and fewer all-cash bids from institutional investors. The bill specifically exempts non-profits and companies primarily focused on building and selling homes, but the rules are complex, especially for related entities that are aggregated together for tax purposes. If these large funds suddenly flood the market with houses, it could impact pricing, though the extent of that impact remains to be seen.