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Tax Relief Aimed at Preserving Affordable Housing

Bills Would Help Enlistees Qualify for Affordable Housing

Legislation that would provide greater access to affordable housing for enlisted military personnel and their families was introduced in the House and Senate last week.

Sen. Pat Roberts (R-Kan.) introduced S. 839, the Military Access to Housing Act of 2007, legislation that would correct a technical anomaly in how income eligibility is calculated for enlisted military personnel who seek to qualify to live in a tax-credit home. This would be achieved by excluding military members’ housing allowances from their annual household income when qualifying them for the tax credit properties.

Specifically, the measure would amend the Internal Revenue Code of 1986 to exclude amounts received as a military basic housing allowance (BAH) from consideration as income for purposes of the Low Income Housing Tax Credit (LIHTC) and qualified residential rental projects.

Rep. Jerry Moran (R-Kan.) introduced a companion bill in the House, H.R. 1481.

These bills respond to high demand for affordable rental housing for enlisted military personnel around the country, especially in light of the ongoing Base Realignment and Closure process, which is shifting large numbers of military personnel to communities that don’t have enough affordable market-rate units available.

Currently, enlisted military personnel (typically in the E-2 to E-5 range) are disqualified from LIHTC housing because the BAH is considered income, unlike Section 8 housing subsidies distributed by the Department of Housing and Urban Development, which are not.

NAHB is now focusing on building co-sponsorship for both bills and raising their profile with the respective tax-writing committees.

To view the legislation, click here and enter the respective bill numbers in the box at the center of the page.

For more information, e-mail Greg Brown at NAHB or call him at 800-368-5242 x8421. 

 
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