S. 3754

119 S3754 IS: Affordable Housing and Homeownership Protection Act of 2026
 U.S. Senate
 2026-01-30
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 II  119th CONGRESS  2d Session  S. 3754  IN THE SENATE OF THE UNITED STATES   January 30, 2026   Mr. Reed  (for himself,  Ms. Smith ,  Mr. Blumenthal ,  Ms. Klobuchar ,  Ms. Baldwin ,  Mr. Whitehouse ,  Mr. Kim ,  Mr. Gallego ,  Mr. Murphy , and  Ms. Slotkin ) introduced the following bill; which was read twice and referred to the  Committee on Finance    A BILL
To amend the Internal Revenue Code of 1986 to impose a tax on the purchase of single-family homes by certain large investors, and for other purposes.
1.
Short title
This Act may be cited as the   Affordable Housing and Homeownership Protection Act of 2026  .
2.
Tax on certain investor purchases of single-family homes
(a)
In general
 Chapter 36  of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter:
G
Certain home purchases
4499.
Tax on certain investor purchases of single-family homes
(a)
In general
There is hereby imposed on each covered investor a tax equal to the applicable percentage of the purchase price paid by such covered investor with respect to any covered home purchase during the taxable year.
(b)
Applicable percentage
For purposes of subsection (a), the applicable percentage is—
(1)
1 percent in the case of a medium-sized investor,
(2)
3 percent in the case of a large investor, and
(3)
5 percent in the case of a giant investor.
(c)
Covered investor
For purposes of this section—
(1)
In general
The term  covered investor  means any person, other than a person described in paragraph (6), who is a medium-sized investor, large investor, or giant investor.
(2)
Medium-sized investor
The term  medium-sized investor  means any person who owns more than 15 and not more than 25 single-family homes as of the last day of the taxable year.
(3)
Large investor
The term  large investor  means any person who owns more than 25 and not more than 100 single-family homes as of the last day of the taxable year.
(4)
Giant investor
The term  giant investor  means any person who owns more than 100 single-family homes as of the last day of the taxable year.
(5)
New construction excluded
Any new single-family home which is constructed by the taxpayer shall not be taken into account for purposes of this subsection, unless such single-family home replaces a previous single-family home on the same site which was purchased by the taxpayer and replaced with the newly constructed single-family home.
(6)
Exceptions
A person described in this paragraph is—
(A)
any organization which is exempt from taxation under section 501(a), the primary purpose of which is related to affordable housing, housing counseling, or neighborhood stabilization,
(B)
any State or political subdivision thereof,
(C)
any public housing authority or its instrumentalities,
(D)
any land bank, or
(E)
any community land trust.
(d)
Terms relating to home purchase, etc
For purposes of this section—
(1)
Covered home purchase
(A)
In general
The term  covered home purchase  means the purchase of a single-family home by a covered investor.
(B)
New construction
The construction of a new single-family home by the taxpayer shall not be treated as a purchase, unless such new single-family home is taken into account for purposes of subsection (c) by reason of paragraph (5) thereof.
(2)
Purchase price
The term  purchase price  means the total amount paid, including the amount of any indebtedness incurred or assumed, by the taxpayer to acquire a single-family home from the seller.
(3)
Single-family home
The term  single-family home  has the meaning given such term by section 81.2 of title 24, Code of Federal Regulations.
(4)
Own
The term  own  means directly or indirectly possessing a majority interest in a single-family home.
(e)
Aggregation rules
(1)
In general
Except as otherwise provided in paragraph (2), all persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as 1 person for purposes of this section.
(2)
Modifications
For purposes of this subsection—
(A)
section 52(a) shall be applied by substituting  component members  for  members , and
(B)
for purposes of applying section 52(b), the term  trade or business  shall include any activity treated as a trade or business under paragraph (5) or (6) of section 469(c) (determined without regard to the phrase  To the extent provided in regulations  in such paragraph (6)).
(3)
Component member
For purposes of paragraph (2), the term  component member  has the meaning given such term by section 1563(b), determined without regard to paragraph (2) thereof.
(4)
Acquisition of homes by related parties
(A)
In general
For purposes of determining the number of homes owned or purchased by a covered investor, a covered home purchase by a person bearing a relationship to the covered investor specified in section 267(b) or 707(b)(1), from a person who does not bear such a relationship to the covered investor, shall be treated as a covered home purchase by the covered investor.
(B)
Members of family
For purposes of this paragraph, sections 267(b) and 707(b)(1) shall be applied as if section 267(c)(4) provided that the family of an individual consists of the individual’s spouse, the individual’s children, grandchildren, and parents, and any spouse of the individual’s children or grandchildren.
(C)
Exception
This paragraph shall not apply to the purchase or ownership by any individual of a home which is the principal residence (within the meaning of section 121) of the individual.
(f)
Reporting
Each person who is a covered investor for the taxable year shall attach to the return of the tax imposed by this section a report containing information, in such form as the Secretary shall prescribe, on—
(1)
the number of single-family homes owned on the last day of the taxable year by such person, and
(2)
the number of single-family homes purchased by such person during the taxable year.
  .
(b)
Clerical amendment
The table of subchapters for  chapter 36  of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:
SUBCHAPTER G—Certain home purchases
  .
(c)
Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2025.
3.
Revenues
The Secretary of the Treasury shall allocate or otherwise transfer such revenues resulting from the tax imposed by  section 4499  of the Internal Revenue Code of 1986 as follows:
(1)
65 percent of such amounts to the Secretary of Housing and Urban Development to provide additional funding for the Housing Trust Fund established under section 1338(a) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568(a) ).
(2)
35 percent of such amounts to provide additional funding for the Capital Magnet Fund established under section 1339(a) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4569(a) ).
4.
Housing Trust Fund small State minimum
Section 1338(c)(4)(C) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568(c)(4)(C) ) is amended by striking  $3,000,000  each place that term appears and inserting  1.1 percent of amounts made available under this subsection in a fiscal year .