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Lawmakers introduce bill to ban hedge funds from buying houses - Spectrum News

Reported by Spectrumlocalnews
Jan 5, 2024· 3 min read
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Key Takeaways
  • • Democratic lawmakers introduced the "End Hedge Fund Control of American Homes Act," legislation that would require hedge funds, corporations, partnerships, and REITs managing pooled investor funds to divest all single-family home holdings over a 10-year period and face complete prohibition from such ownership thereafter.
  • • The bill establishes a $20,000 federal excise tax penalty per single-family home owned in excess of 100 properties, with revenue directed to down-payment assistance programs for homebuyers.
  • • As of June 2022, large institutional investors holding at least 100 properties owned approximately 574,000 single-family homes nationwide, according to Urban Institute research cited in the legislation's framing.
  • • Rep. Adam Smith (Washington) and Congresswoman Nikema Williams (Georgia) co-sponsored bicameral legislation, arguing that institutional cash buyers with bulk purchasing power drive up housing costs and edge out individual homebuyers competing in a constrained market.
  • • The National Rental Home Council and other trade groups oppose the measure, contending that restrictions on institutional investment would reduce housing affordability and availability rather than improve it.
Summary
Democratic lawmakers have introduced comprehensive legislation designed to curtail institutional investor participation in the single-family residential housing market. The "End Hedge Fund Control of American Homes Act" targets entities defined broadly as corporations, partnerships, REITs, and hedge funds that manage pooled capital for investors. Under the proposed framework, these entities would be mandated to liquidate existing single-family home portfolios within a ten-year timeline and would face complete prohibition from acquiring such properties in the future.

The legislative mechanism includes a $20,000 per-property federal excise tax on institutional investors holding single-family homes in excess of 100 properties. This revenue stream is earmarked specifically for down-payment assistance programs, linking the regulatory penalty directly to affordable housing support mechanisms. Rep. Adam Smith of Washington and Congresswoman Nikema Williams of Georgia spearheaded the bicameral introduction, framing the issue around competitive disadvantages faced by individual homebuyers. Smith articulated the core argument to Spectrum News: institutional investors with access to bulk capital deploy it strategically, making cash offers at scale—such as $2 million per property—that individual buyers cannot match, thereby driving up acquisition costs across markets.

The legislation is anchored to quantifiable market data. Research from the Urban Institute, cited as a foundational basis for the bill's policy rationale, documented that institutional investors controlling at least 100 properties owned approximately 574,000 single-family homes as of June 2022. This figure underscores the scale of institutional capital concentration in residential real estate.

Industry opposition has already materialized. The National Rental Home Council, representing institutional property managers, issued statements arguing that forced divestiture and ownership restrictions would paradoxically reduce housing affordability and availability by constraining the supply of rental properties and removing institutional capital from housing investment. This positions the debate within a familiar conflict between housing affordability advocates and institutional real estate operators regarding the optimal structure of residential property ownership.

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Sources

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Spectrumlocalnews Lawmakers introduce bill to ban hedge funds from buying houses - Spectrum News