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The Affordable Housing Team at Nelson Mullins is tracking potential affordable housing legislation potentially coming out of Congress. Here's a brief update on where that process currently stands:
How did we get here?
Last year, the Senate Banking Committee passed the Road to Housing Act 24-0 and tried to attach it to the must-pass National Defense Authorization Act. The ROAD amendment did not survive the House–Senate NDAA negotiations, and the final NDAA text passed in October without it.
On February 9, the House passed their own bill: the Housing for the 21st Century Act. The Senate now has to decide on how to reconcile its ROAD framework with the House‑passed bill to produce a package that can clear both chambers. That means negotiation, possibly a formal conference, and then sending final text to the President for signature.
What's in the legislation?
Here's a section-by-section for Road to Housing Act: ROAD to Housing Act of 2025 Section by Section
And here's one for Housing for the 21st Century: 2026-02-03_-_sbs_-_housing_for_the_21st_century_act.pdf
Both bills are bipartisan but are distinct legislative efforts and reflect differences in policy preferences between the chambers rather than partisanship. For example, Sens. Tim Scott and Elizabeth Warren are working together closely in the Senate; Reps. French Hill and Maxine Waters are partnering in the House.
What's going to happen next?
The Senate's ROAD Act provides a ready-made framework for negotiations but hasn't passed on the full Senate floor (the NDAA amendment was an attempt to bypass those constraints). Meanwhile, the House bill's overwhelming bipartisan vote last week (390–9) increases pressure on the Senate to act. Regardless of the legislative vehicle, the White House has made clear that the President will not sign any bill that doesn't restrict institutional ownership of single‑family rentals.
Challenges remain. Beyond negotiating the final contours of the housing package, the ongoing Department of Homeland Security shutdown adds another layer of complexity. Still, with bipartisan backing and strong political incentives to deliver a housing win in an election year, there's a good chance that some version of a housing package will advance this session. The Affordable Housing Team at Nelson Mullins will keep you posted.
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