21st Century ROAD to Housing Act: Impact on Large Institutional Investors

On March 10, 2026, H.R. 6644, the 21st Century ROAD to Housing Act (Act), which is co-sponsored by Senators Elizabeth Warren and Tim Scott, passed the Senate and will return to the House of Representatives for further consideration. The Act, in combination with Executive Order 14376 of January 20, 2026 (“Stopping Wall Street from Competing with Main Street Homebuyers”) signals growing national, bipartisan focus on individual home ownership. However, the Senate version of the Act added controversial restrictions and provisions to the version passed by the House of Representatives on February 9, 2026.

As explained below, the proposed restrictions added to the Act by the Senate, including mandatory disposal, would make institutional investors’ participation in the build-to-rent market and other markets significantly more challenging. The following is a high-level overview of the provisions of the Act that are expected to impact large institutional investors. Additional information will be provided once the Act is in final form.

Impact on Large Institutional Investors

Newly added Section 901 of the Act (titled “Homes are for people not corporations”) would prohibit large institutional investors — entities that own more than 350 single-family homes — from purchasing additional single-family homes unless a statutory exception applies. There are currently 11 enumerated “excepted purchases” in the Act. As detailed below, three of those exceptions include a mandatory disposal requirement that would require such entities to sell to an individual homebuyer within seven years.¹

Relevant definitions include:

• Large Institutional Investors — any for-profit entity or business arrangement that is a legal entity and engaged, in whole or in part, in the business of investing in, owning, renting, managing, or holding single-family homes, and either alone or in concert with one or more other entities, beginning after the date of enactment of the Act, directly or indirectly has investment control (as defined) of more than 350 single-family homes in the aggregate.
• Purchase — any purchase, transfer, or other acquisition of a single-family home, including through mergers, acquisitions, construction, foreclosures, or bulk purchases, whether or not for cash consideration.
• Single-Family Home — any structure that contains two or fewer dwelling units that are each intended for residential occupancy by a single household, but not including manufactured homes.

Excepted Purchases Requiring disposal

The excepted purchases that would require disposal within seven years are listed below. If a single-family home remains unsold or without a purchase offer after 60 days from advertisement, as specified, the large institutional investor would be deemed in compliance with the disposal requirement.

• Newly constructed, renovated, or a rental conversion for sale by a large institutional investor, not including single-family homes rented pending sale.
• Build-to-rent projects where the large institutional investor purchases newly constructed single-family homes to be managed as rental properties, whether as communities exclusively of renter-occupied single-family homes or as communities of single-family homes that are both owner- and renter-occupied.²
• Renovate-to-rent projects that (i) substantially rehabilitate single-family homes that do not meet structural or core system elements of local building codes and (ii) make improvements in an aggregate dollar amount of not less than 15% of the purchase price of the single-family home(s).

There is also an exception for senior housing projects consisting of newly constructed, renovated, or rental conversions that are intended and operated for occupancy as part of a community for households with one or more members aged 55 years or older, and satisfies specified standards established by the Secretary of Housing and Urban Development (HUD). Disposal would only be required if the single-family home no longer meets the specified senior housing criteria.

The Act also includes specified requirements regarding renter accommodations, renter options to purchase, and the advertisement of the property.

Program to Boost Homeownership

The Act includes an exception intended to boost future homeownership among renters, which would not impose a seven-year disposal requirement.  To qualify, tenants must be given the right of first refusal if the single-family home is sold, including a 30-day “first look” period.  The “positive reporting” of tenant rental payments must also be provided to credit bureaus, unless the tenant opts out.  The Act provides that this exception “may entail meaningful financial support from the large institutional investor, including price concessions, for the purchase of a single-family home by the renter (whether it is the home the renter occupies or another home).” (Section 901(a)(2)(E).)

This exception could prove useful to large institutional investors, depending in part on the configuration of the housing project.  Please refer to Section 901(a)(2) of the Act for additional exceptions.

Enforcement

In its current iteration, Section 901(d) of the Act would impose civil penalties of up to $1 million per violation or three times the purchase price of the property involved, whichever is greater. The civil penalties would be transferred to HUD for homeownership expansion activities.

Next Steps

The proposed institutional investor restrictions would not be retroactive, meaning current portfolios would not be affected. Nevertheless, prospective institutional buyers should prepare for these incoming regulations, as they will affect future acquisitions.

While the White House has expressed strong support for the Act in its current form, House Republicans and other industry groups have opposed newly added Section 901. As such, it is expected that Section 901 will be amended in the coming months. 

Allen Matkins will continue to monitor the reconciliation process and will provide an update after the new version of the Act is considered by the House of Representatives. In the meantime, please contact us with any questions about the Act and its implications.

 

^[1]     The disposal requirement would not apply to a REIT if the sale would trigger a 100% tax under the Internal Revenue Code, as specified.

^[2]     The disposal deadline could be extended by up to an additional three years if the tenant chooses to renew, as specified.