Balancing Act: Tenant Protections and Market Stability in Biden’s Housing Plan- Barry G. Moss

Inspiration And Insights
3 min readJul 23, 2024

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President Biden’s recent announcement on housing affordability marks a significant step towards addressing the ongoing housing crisis in the United States. The proposal includes measures such as capping rent increases and repurposing public land for housing, aiming to provide relief for millions of renters and potential homeowners. While these initiatives are well-intentioned, it’s crucial to examine the broader implications they may have on the real estate market, especially in the multifamily housing sector.

The proposed rent cap of 5% on existing units by corporate landlords is designed to protect tenants from exorbitant rent hikes. However, this could inadvertently complicate the refinancing process for multifamily projects with maturing loans. Proformas, which are used to forecast a project’s financial performance and secure financing, may need to be adjusted to reflect potential limitations on revenue growth due to these rent caps. Banks, already cautious about their real estate exposure, might find this an opportune moment to either walk away from refinancing deals or demand significantly more equity to mitigate perceived risks.

Additionally, although new construction is exempt from these proposed rent controls, the mere possibility of price controls could introduce a level of uncertainty that temporarily freezes market activity. Developers and investors might adopt a wait-and-see approach, pausing their projects until there is greater clarity on how these regulations will be implemented and enforced. This pause could slow down the momentum in the construction of much-needed housing units, counteracting the administration’s goals.

For those involved in rehabilitating multifamily properties, it is essential to understand how these new regulations will impact their investments. Before committing further capital, investors will likely seek detailed guidance on how their projects fit into the proposed rules. This could delay rehabilitation efforts and the subsequent availability of improved housing stock.

On a positive note, the administration’s plan to repurpose excess federal real estate for affordable housing is a promising development. Utilizing underused public land to build affordable housing units not only addresses the housing shortage but also optimizes these resources for public benefit. For instance, the Bureau of Land Management’s initiative in Nevada, where public land is being made available for affordable housing, exemplifies a practical application of this strategy. This approach could serve as a model for other regions, leveraging public assets to meet housing needs efficiently.

While President Biden’s proposal aims to tackle the critical issue of housing affordability, it’s essential to carefully consider the potential repercussions on the real estate market. Balancing tenant protections with market stability will be key to ensuring the success of these initiatives without unintended negative impacts. As the proposal moves through the legislative process, it will be important for stakeholders to engage in constructive dialogue, ensuring that the final policies effectively address the housing crisis while supporting sustainable growth in the real estate sector.

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