Congress Establishes the 4% Floor to Support Affordable Housing

February 8, 2021
Kimberly C. Moore - Gravel2Gavel Construction & Real Estate Law Blog

Legislation signed into law on December 27, 2020, fixed the rate for the 30% present value low-income housing tax credit (LIHTC), which had dropped to a historic low of 3.07 in 2020, at 4% (the 4% Floor). Congress hopes that the 4% Floor will increase the supply of affordable rental housing in 2021 and beyond by reducing the need for other types of financing and subsidies for qualified LIHTC projects.

The LIHTC program, which was enacted as part of the 1986 Tax Reform Act, subsidizes the acquisition, construction and rehabilitation of affordable rental housing for low- and moderate-income tenants. The program accounts for approximately 90% of all such housing created in the United States today. According to HUD, an average of almost 1,400 projects and 106,000 units were completed annually between 1995 and 2018. The LIHTC program is by far the largest federal program supporting the creation of affordable rental housing.

Ms. Moore may be contacted at kimberly.moore@pillsburylaw.com



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