Congress nears major bipartisan housing bill with support from Virginia lawmakers

Last summer, U.S. Sen. Mark Warner, D-Va., criticized Congress for often “kicking the can” on federal housing policy. One year later, federal lawmakers are close to sending a large bipartisan housing bill to President Donald Trump’s desk. 

Dubbed the 21st Century ROAD To Housing Act, the effort is led by Sens. Tom Scott, R-S.C., and Elizabeth Warren, D-Mass. along with U.S. Reps. French Hill, R-Ark., and Maxine Waters, D-Calif. 

A key provision of the bill aligns with one of Trump’s goals to restrict large investment firms from buying up too many single-family homes. The practice has stifled first-time homebuyers, and state lawmakers from both parties in Virginia have previously introduced similar restrictions.

Trump’s administration has expressed it “strongly supports” the federal bill — a clue that he would likely sign it. 

Other provisions in the bill encourage housing development in underused or vacant commercial properties like strip malls. 

“They can be converted to housing because they’ve already got power, parking and utilities around,” said Warner, who spearheaded that portion of the bill. 

The concept, along with incentives to build manufactured homes, drew inspiration from legislation also introduced in Virginia. 

A “housing near jobs” bill by Sen. Schuyler VanValkenburg, D-Henrico, and Del. Dan Helmer, D-Fairfax, did not become law, but its similarity to Warner’s proposal could give supporters hope to try again, VanValkenburg said. The bill would encourage multifamily and mixed-use development by right in certain commercial corridors so more people can live closer to where they work and reduce suburban sprawl. 

VanValkenburg’s manufactured homes bill, which was recently signed into law by Gov. Abigail Spanberger, can help bring those types of homes onto the market in areas that need or want them. Likewise, Congress’ pending bill would treat the factory-built style of home the same as a site-built home when it comes to zoning and financing. 

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“Housing is tricky because a lot of it is local, but of course state and federal governments play a role too,” VanValkenburg said. 

To guide local governments, which typically control land use decisions like housing, the federal bill would also direct the U.S. Department of Housing and Urban Development to publish model zoning guidelines for states and localities to explore in their communities. 

“We also have to be honest that zoning is a local prerogative — too often, it’s a local prerogative to say ‘no,’” Housing Opportunities Made Equal Director Thomas Okuda Fitzpatrick said. “That’s why we need strong state actions and policy solutions in parallel with the 21st Century Road to Housing Act.” 

All of Virginia’s congressional representatives from both parties voted to advance  the bill. But with differences between the House and Senate versions still unresolved, lawmakers cautioned that final passage — and Trump’s signature — are not guaranteed yet.  

‘Devil’s in the details’

One major sticking point involves a provision the House stripped from its version of the bill that would have required developers of build-to-rent housing to sell properties within seven years of construction completion. 

Build-to-rent developments allow tenants to rent single-family homes instead of apartments and can serve people who are not ready to buy or cannot yet afford home ownership but need more space. Supporters of the original provision argued it could help create a path to homeownership for renters, while developers warned the time limit could discourage investment in that type of housing altogether. 

The National Association of Home Builders praised the House changes and said it hopes the Senate accepts them. 

In a statement, Chairman Bill Owens said that keeping the original provision would have “reduced supply.” 

The House version of the bill also includes provisions to streamline examinations for smaller banks, which Owens called “meaningful relief to community banks.” 

“We urge the Senate to move quickly to send a once-in-a-generation housing bill to President Trump to expand housing supply and address America’s housing affordability challenges,” Owens wrote. 

Warner said he is cautiously optimistic the Senate can get the legislation across the finish line. 

“Never underestimate the ability of Congress to screw up a sure thing,” Warner said in a recent phone call. 

He added that the compromise feels “fairly reasonable, so I think we’ll get it done, but there are some strong personalities involved.”

Fitzpatrick said corporate ownership has long concerned his organization, particularly when investors target low-income neighborhoods to “change the ownership landscape there.” But he described build-to-rent housing as “more nuanced” because “they provide a housing option.”

“As with so many things, the devil’s in the details,” he said. 

Still, Fitzpatrick said his organization is pleased to see federal lawmakers exploring solutions to the country’s housing shortage. He also praised provisions aimed at boosting federal funding streams local governments and housing groups rely on, even as some of those programs face proposed cuts from Trump. 

Community Development Block Grants, for example, have long provided funding for local governments to build affordable housing, revitalize neighborhoods and support  economic development projects in low-and-moderate-income communities. 

Warner’s fellow Democratic Virginia senator, Tim Kaine, said Congress has repeatedly blocked Trump’s attempts to eliminate the grants because lawmakers hear how “enormously popular” they are with local governments across the country. Kaine, a former Richmond mayor, said he saw their impact firsthand. 

Overall, Kaine said he does not view the differences between the House and Senate bills as insurmountable and is prepared to help colleagues “get this done.” 

With congressional midterm elections later this year expected to intensify partisan fights, lawmakers may soon return to attacking one another over policy differences. 

But VanValkenburg said the housing bill shows bipartisan cooperation is still possible. 

“In a day and age where we all have, rightfully, a lot of cynicism about Congress and its ability to act, this seems like a bipartisan action on an issue that needs action,” VanValkenburg said.