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HR10856119th Congress
In Committee

LIHTC Security Act: Restrictions on Occupancy of Low-Income Housing Units

housingimmigrationtax creditslow-income housing+1 more
Congress.gov·Updated daily·Introduced Oct 22, 2026·Last action Oct 22, 2026·Report a correction
AI-Powered Summary

The LIHTC Security Act proposes changes to the Internal Revenue Code to prevent certain non-citizen individuals, specifically those not authorized under specific immigration provisions, from occupying units in qualified low-income housing projects that receive federal tax credits. The bill amends Section 42 of the tax code, which governs the Low-Income Housing Tax Credit (LIHTC) program, by adding an occupancy requirement that prohibits leasing to alien individuals not meeting defined immigration criteria. This requirement applies to all relevant low-income units in a building for the taxable year, with a transition period allowing 75% compliance for certain buildings until 2031.

Additionally, the bill provides states with an option to avoid enforcing this occupancy restriction by electing to reduce the amount of housing tax credits allocated to buildings in their jurisdiction by 5%. This election is made at the state level and applies annually unless revoked with federal approval. The bill's provisions take effect for taxable years and calendar years starting after December 31, 2027.

The practical effect of this legislation would be to limit access to federally subsidized low-income housing for certain non-citizens who do not meet specific immigration status criteria, potentially reducing the eligible tenant pool. At the same time, states can choose to maintain broader occupancy eligibility but at the cost of reduced federal tax credits for housing developers. This could influence the availability and financing of affordable housing projects and impact both housing providers and prospective tenants.

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Key Points

Main Benefit

Ensures federally subsidized housing units are occupied by individuals meeting specific legal immigration criteria.

Main Concern

May reduce housing options for certain non-citizen individuals who do not meet the specified immigration criteria.

Who's Affected

Non-citizen individuals not meeting immigration criteria

Restricted from occupying federally subsidized low-income housing units

Low-income housing developers and property owners

Must comply with occupancy restrictions or face reduced tax credits if state opts out

State governments

Can choose to enforce restrictions or accept reduced federal tax credits

Low-income renters eligible under immigration criteria

Potentially increased access to subsidized housing units

Latest Action

Referred to the House Committee on Ways and Means.

Estimated Impact

Medium

Probability over time

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