by Irene Lew Research Assistant |
As our most recent State of the Nation’s Housing report confirms, the renter affordability
crisis shows no signs of abating, with more than one in four renters spending over
50 percent of their income on housing in 2012. With the Great Recession pushing
up the number of very low-income households that qualified for rental
assistance by 3.3 million between 2007 and 2011 (a 21 percent increase), the
number of available subsidized rental units has not kept pace—the share of
eligible households able to secure aid dropped from 27 percent to 24 percent over
this period.
Given the growing demand for
subsidized rental housing, preserving the existing
stock of affordable housing has become critical. In our report, we analyzed data from the National Housing Preservation Database to
determine what types of federally subsidized units with assistance tied to them
are particularly vulnerable to loss over the next decade, due to expiring contract
or affordable-use restrictions. (The other two primary forms of assisted
housing are public housing developments and units rented in the private market
using Housing Choice Vouchers.)
Using the database, we determined
that contracts or affordable-use restrictions for more than 2 million federally
assisted rental units will expire between 2014 and 2024. This amounts to 43
percent of federally subsidized units. Rental units subsidized through two
programs—the Low-Income Housing Tax Credit (LIHTC) program and HUD-funded
project-based rental assistance—represent 85 percent of housing with expiring
contracts or affordability restrictions (see Figure 33). Project-based rental
assistance includes Project-based Section 8, as well as Project Rental Assistance
Contracts (PRACs) that provide rental assistance to low-income older adults and
those with disabilities.
Over half (57 percent) of the units
with expiring restrictions in the coming decade are subsidized through the LIHTC
program, while those with project-based rental assistance account for 28
percent. Units in properties supported by HOME funding and
those subsidized with USDA Section 515 Rural Rental Housing Loans represent 9 percent, while another four
percent are in properties with FHA mortgage insurance, and the remaining 3
percent are subsidized through older HUD programs.
Units in properties subsidized
with project-based rental assistance are vulnerable to being removed from the affordable
stock because these programs are subject to annual Congressional appropriations,
which have continued to decline. The Senate Appropriations Committee’s recent
approval of the Fiscal Year 2015 Transportation-HUD Appropriations Bill included a $200 million reduction in project-based
rental assistance from the Fiscal Year 2014 enacted level. These budget
cutbacks come on the heels of sequestration, which reduced the amount of available
funding for project-based rental assistance contracts and forced HUD to
short-fund thousands of contracts in 2013 to prevent them from expiring. Short-funding
refers to the practice of partially funding renewals in the form of yearly
contracts, thereby deferring ongoing costs to future fiscal year budgets in
order achieve cost savings today. However, this practice creates
uncertainty for owners by adding more complexity to ongoing property financing
and operations.
With short-funding becoming so
common for the project-based assistance program, over half of the 596,000 units
with contracts expiring over the next decade will come up for renewal in 2014
and 2015 alone. As federal funding
becomes more uncertain and HUD struggles to fund existing project-based contracts,
fewer owners who are eligible for contract renewals may decide that it is
feasible to continue to rent to low-income households, increasing the
likelihood that these properties may leave the affordable rental housing stock.
And should budget shortfalls continue, HUD may have no choice but to allow some
project-based rental assistance contracts to expire even if the owners want to
remain in the program.
Meanwhile, units in properties
subsidized through the LIHTC program are less vulnerable to removal from the affordable
stock, although they represent the lion’s share of units with affordability
periods expiring over the next decade. Between 2014 and 2024, approximately 1.2
million LIHTC units will reach the end of their 15- or 30-year mandatory
affordability period and are eligible to leave the program. Owners of these properties
have three options: apply for another round of tax credits, maintain the
property as affordable housing without new subsidies, or convert the property
to market-rate housing. For the most part, according to a 2012 HUD report,
LIHTC properties that reached the end of their required 15-year affordability
period continue to operate as affordable housing without new subsidies. These
properties remain affordable without new subsidies for several reasons: they obtain
a nonprofit sponsor with a long-term commitment to continuing affordability, they
have project-based subsidies such as Section 8 that the owner does not want to
give up, and/or the LIHTC rents vary little from market rents. Properties at
higher risk for conversion to market-rate housing tend to be owned by
for-profit owners in high-cost markets. While
the LIHTC program is not subject to annual appropriations, it could be
endangered by comprehensive tax reform that would take a close look at these
types of tax expenditures. But given the importance of the LIHTC program in both
new production and preservation of affordable rental housing, it does have broad
political support.
Given the gap between the demand
for rental assistance and the number of assisted units available, there is a clear need for greater efforts to both preserve and expand affordable rental
housing developments. Preservation initiatives
such as HUD’s Rental Assistance Demonstration (RAD) help ensure that approximately 16,100 rental
units in privately-owned properties subsidized through older project-based assistance
programs (Rent Supplement and Rental
Assistance Payment) remain affordable even after their nonrenewable contracts
expire. Yet, RAD only addresses a small
part of the growing need for preserving such housing.
Meanwhile, promising large-scale initiatives
such as the National Housing Trust Fund have stalled due to lack of funding. Signed
into law in 2008 as part of the Housing and Economic Recovery Act, the fund is a
permanent program not subject to annual appropriations and has the potential to
preserve a substantial share of federally assisted rental housing while also
adding new affordable units. The fund was also the first new production program
targeted to households with extremely low incomes since the creation of the
Section 8 program in 1974. Unfortunately, the program remains unfunded to this
day. Initially, it was to be financed
with contributions from the GSEs, but these contributions were suspended indefinitely
once Fannie Mae and Freddie Mac were taken over by FHFA in 2008. Most proposals
for GSE reform, including the Johnson-Crapo bill making its way through the
Senate, include some provision to fund affordable housing, but it remains
unclear when Congressional action will occur, and what form, if any, the
final legislation will provide for affordable rental housing.