Federal Issues Updated August 2019

Federal Issues

The federal issues impacting the apartment industry are vast, ranging from housing finance reform to tax reform to regulatory concerns. Overarching these complex issues is the need for Congress to create a balanced housing policy that recognizes the critical role of apartments in providing shelter for Americans. One-third of all Americans rent their housing, and 39 million of them live in an apartment home.

For more than 20 years, the National Multifamily Housing Council (NMHC) and the National Apartment Association (NAA) have partnered on behalf of America's apartment industry. NAA and NMHC along with more than 170 NAA state and local affiliated organizations - including AAGD - provide a single voice for owners and operators of rental housing.

NMHC and NAA Primary Policy Priorities and Goals

• Accessibility: Seek protections from costly, frivolous ADA and Fair Housing design and construction lawsuits.
  
  
• Section 8 Rental Assistance: Modernize the program to remove obstacles to participation by apartment providers and expand affordable housing options for low-and moderate-income Americans.
  
  
• Housing Finance Reform: Ensure the continuation of a federal guarantee and preserve the ability of Fannie Mae and Freddie Mac to provide necessary capital financing to the apartment industry.
  
  
• Fair Housing: Clarify and update fair housing compliance requirements related to occupancy standards, emotional support animals and other areas of fair housing law and regulation.
  
  
• Flood Insurance: Reform the National Flood Insurance Program to support more effective coverage for the apartment housing industry including a long-term reauthorization and private market solutions.
  
  
• Construction and Development: Establish federal incentives for local governments to eliminate barriers to greater new apartment development through infrastructure investment and financial rewards.
  
  
• Data Security: Ensure federal data security and breach notification laws are structured appropriately for rental housing providers and do not impose overly burdensome compliance obligations.
  
  
• Consumer Reporting: Preserve necessary resident screening tools and ensure that consumer reporting reforms do not unnecessarily hinder business operations for apartment providers.
  
  
• Music Licensing: Clarify and streamline federal music licensing requirements for apartment providers.
  
  
• Tax: Enact beneficial tax provisions such as a fix to the floating rate of the Low-Income Housing Tax Credit, FIRPTA reform and a Middle-Income Tax Credit and ensure proper implementation of the Tax Cuts and Jobs Act, especially on depreciation, pass-through income and opportunity zones.

Significant Policy Issues

Construction & Development

• Clean Water Act
• Building Codes / Sustainability
• Land Use

Finance & Capital Markets

• Dodd-Frank and Basel III
• HVCRE Loans
• HUD Multifamily Programs
• Foreign Capital Investment
• Community Reinvestment Act
• Foreign Investment in Real Property Tax Act (FIRPTA)
• Middle Income Housing Tax Credit (MIHTC)

Fair Housing

• Disparate Impact

Risk Management

• Lead Paint Requirements
• TRIA

Housing Policy

• RAD
• FMRs & SAFMRs
• American Community Survey
• Rental Assistance Program
• Violence Against Women Act (VAWA)

Labor & Employment

• Labor Overtime Rule
• Davis-Bacon Wages
• NLRB Ambush Election Rule
• OSHA

Immigration

• E-Verify
• EB-5 Visa Program
• H2-B Worker Program

Energy Policy

• Energy Benchmarking

Operations

• U.S. Postal Reform
• Short-term Rental Services
• Telecommunications
• Evictions

Military Housing

• Military Housing Privatization