[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5176 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5176

To amend the Internal Revenue Code of 1986 to allow for nonrecognition 
      of gain on real property sold for use as affordable housing.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 8, 2023

Mr. Schiff (for himself and Mr. Peters) introduced the following bill; 
         which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to allow for nonrecognition 
      of gain on real property sold for use as affordable housing.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Affordable and Homeless Housing 
Incentives Act of 2023''.

SEC. 2. NONRECOGNITION OF GAIN ON PROPERTY SOLD FOR USE AS AFFORDABLE 
              HOUSING.

    (a) In General.--Section 1033 of the Internal Revenue Code of 1986 
is amended by redesignating subsection (k) as subsection (l) and by 
inserting after subsection (j) the following new subsection:
    ``(k) Sales for Use as Affordable Housing.--
            ``(1) In general.--For purposes of this subtitle, if real 
        property is sold or otherwise transferred to a qualified 
        housing operator for use or development by such operator as 
        affordable housing and such property meets the requirements of 
        paragraphs (3) and (4), such sale or transfer shall be treated 
        as an involuntary conversion to which this section applies.
            ``(2) Qualified housing operator.--For purposes of this 
        section, the term `qualified housing operator' means any of the 
        following:
                    ``(A) A State or local government, or any political 
                subdivision or instrumentality thereof.
                    ``(B) A tribally designated housing entity (as such 
                term is defined in section 4 of the Native American 
                Housing Assistance and Self-Determination Act of 1996).
                    ``(C) A community housing development organization 
                (as such term is defined in section 104 of the 
                Cranston-Gonzalez National Affordable Housing Act).
                    ``(D) An organization--
                            ``(i) described in section 501(c) and 
                        exempt from taxation under section 501(a),
                            ``(ii) the purpose of which includes 
                        providing affordable housing, and
                            ``(iii) which--
                                    ``(I) has received Federal, State, 
                                or local grant funds to develop or 
                                operate affordable housing, or
                                    ``(II) is described in section 
                                42(h)(5)(B) with respect to a qualified 
                                low-income housing project that is 
                                allocated housing credit dollar amounts 
                                under section 42.
            ``(3) Affordable housing requirement.--The requirements of 
        this paragraph are met with respect to property if such 
        property has, as of the date of the sale or transfer referred 
        to in paragraph (1), a covenant or other binding legal 
        restriction sufficient to--
                    ``(A) obligate, at all times during the 30-year 
                period beginning on such date, each owner of such 
                property with respect to the portion of such period 
                during which such owner owns such property, to maintain 
                such property as either--
                            ``(i) residential rental property (within 
                        the meaning of section 168) not less than 75 
                        percent of the units of which are affordable to 
                        low-income families and either occupied by or 
                        available for use by low-income residents, or
                            ``(ii) a shelter eligible for assistance 
                        under title IV of the McKinney-Vento Homeless 
                        Assistance Act, and
                    ``(B) provide any person a right to obtain 
                injunctive relief to enforce the obligations described 
                in subparagraph (A).
            ``(4) Notification of department of housing and urban 
        development.--The requirements of this paragraph are met with 
        respect to any property if, not later than 90 days after the 
        date of the sale or transfer referred to in paragraph (1), the 
        transferor notifies the Secretary of Housing and Urban 
        Development of such transfer in such manner as such Secretary 
        may provide.
            ``(5) Special rule with respect to period within which 
        property must be replaced.--In the case of a sale or transfer 
        described in paragraph (1), subsection (a)(2)(B)(i) shall be 
        applied by substituting `3 years' for `2 years'.
            ``(6) Special rule for real property held for productive 
        use in trade or business.--For purposes of subsection (a), if 
        the real property described in paragraph (1) is held for 
        productive use in a trade or business or for investment, 
        property of a like kind to be held either for productive use in 
        a trade or business or for investment shall be treated as 
        property similar or related in service or use to the property 
        so described.''.
    (b) Enforcement Obligations of the Department of Housing and Urban 
Development.--With respect to each property with respect to which the 
Secretary of Housing and Urban Development receives notification under 
paragraph (4) of section 1033(k) of the Internal Revenue Code of 1986, 
such Secretary, acting though the Departmental Enforcement Center (DEC) 
of the Department of Housing and Urban Development, shall ensure (not 
less often than every 5 years during the 30-year period described in 
paragraph (3)(A) of such section) that such property complies with the 
requirements of such paragraph (3)(A), including if necessary by 
obtaining the injunctive relief described in paragraph (3)(B) of such 
section.
    (c) Effective Date.--The amendment made by this section shall apply 
to sales and transfers after the date of the enactment of this Act.
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