Biden's Rent Cap Plan

Just reading through Biden's rent cap plan (not yet passed; subject to congressional approval). Looks like tax credits would be withdrawn from any landlords raising rents more than 5% per year with exceptions for new builds or significant renovations. Thoughts on how this would affect the industry?

Edit: I should add, looks like a senior official is saying it would only be effective for 2 years, to serve as a bridge while more supply hits the market.

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This 'plan' is just election year fodder to try to win some votes.  Biden has zero political capital / good will at this point.  He's effectively a lame duck president and no one who wants to win an election in November will get behind anything he says/does.  Now maybe the plan can be implemented via executive order but (A) there's a public comment period that will stretch to the election; (B) DJT will spike the rule immediately taking office and (C) industry lawsuits will delay it so long as to never be implemented.  

Recall that democrats controlled the White House, senate and house in 2021/2022 and still couldn't kill the 1031 tax deferred exchange.  

 
asmith_1\

Recall that democrats controlled the White House, senate and house in 2021/2022 and still couldn't kill the 1031 tax deferred exchange.  

How is that relevant?  

And obviously it's an election year giveaway and won't make it into law.

 

It is relevant because the administration failed to push through anti-landlord/anti-RE legislation (ie killing 1031) even when it controlled both houses of congress.  Now that it only controls one house of congress, it's even less likely to successfully enact anti-landlord/anti-RE legislation. 

I thought the relevance/connection  between the two things would be obvious to readers, but I was wrong.  I'm sorry.  Glad I could clear this up for you.  

 
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The cynic in me thinks it's dead on arrival. Doubt it gets the votes. 

I'm generally not a fan of heavy handed measures like rent caps, rent control, etc. though to solve the housing affordability problem when the real solution is to build more housing. We need massive reform of local governments & zoning laws to break up the little planning board fiefdoms who bow down to 80 year old NIMBY activists across the country. 

Commercial Real Estate Developer
 

I saw that if landlords increase rent by more than 5%, they will not be able to take any write-off for depreciation. This has nothing to do with tax credit deals. Only applies to landlords with more than 50 units, and will not impact new construction or "heavy renovations", and would theoretically last for two years. This will not get passed before the election, so the odds are very low this is real. 

 

If this gets passed, it is not the IRS you should be worried about. Your tenants will be the ones making the noise about above market 'illegal' renewal rates.

PropMetrica | Multifamily underwriting template
 

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