Staff Response re: Impacts of HB21
Modeling HB21 Impacts
Can someone model the financial impact of the 50% rent reduction requirement? It would be helpful to see a few sample projects with and without the new rules.
At this time, staff believe that the requirement that reduced rents be at least 50% of the abated value is not likely to have a material impact on the financial model of most of Strategic HFC’s deals, since our current deal terms (approved last year) require that rent reductions equal at least 60% of the projected abated taxes – greater than the state’s minimum requirement. That said, there will be some differences in how the calculation must be completed; we will have a better sense of this once the Texas Department of Housing and Community Affairs (TDHCA) issues its rules - slated for January 2026. The primary impact of the legislation on our pipeline is that there is now a state compliance process and potential compensatory payment to taxing jurisdictions if the projected rent reduction ratio is not met, increasing risk from the standpoint of developers, investors and lenders – which may have a chilling effect on deal flow.
The only workforce deal Strategic HFC has that closed before the law went into effect was Banyan Braker, which was closed under older Strategic HFC deal terms. At the time of underwriting, the projected rental savings were 43% of projected abated property taxes by year 10. This project will have ten years to come into compliance with the new law, unless it is sold or refinanced before that time. Additional clarity is needed from TDCHA on how such deals will be treated. Staff can provide comparative analysis to the Real Estate Committee or the full board as additional information becomes available.
Note that there are questions about the constitutionality of this retroactive provision that industry experts expect may be challenged in court in the coming months.
Tenant Protections Summary
What specific tenant protections are now required under HB21? A short list of new statutory obligations at the lease level would be useful.
Tenant protections required at all HFC owned properties by January 1, 2026 include the following:
Source of Income Protections: Projects cannot deny tenant applications based solely on a tenant having a Housing Choice Voucher as a source of income. In other words, Housing Choice Vouchers must be accepted. The development must affirmatively market to Housing Choice Voucher holders, the website must post policies on voucher acceptance, and local public housing authorities must be notified of the project. Projects are also prohibited from setting minimum financial standards that require voucher holders to make more than 250% of the tenant's portion of the rent.
Non-Retaliation: Property management may not retaliate against tenants for organizing.
Limitations on Non-Renewals: Non-renewal can only occur in certain situations, including substantial or repeated minor lease violations, failure to provide information needed to certify eligibility and income level. At least 30 days’ notice of non-renewal must be provided.
Strategic Opportunity in Travis County
Are there any developments in Travis County where another HFC exited or failed to meet compliance, and Strategic HFC could step in?
Since the legislation has just been enacted, such instances of noncompliance or exit due to the new rules have not yet occurred. However, the new law does eliminate property tax exemptions for so-called “Traveling HFCs” beginning January 1st, 2027, unless approvals are obtained from local taxing jurisdictions and certain HFCs. We anticipate there may be existing projects seeking a new tax-exempt partner and have received some very preliminary inquiries. For such projects, Strategic HFC would presumably need to underwrite the transaction structure (including affordability), quality, and development team like any other new project. Staff will keep Real Estate Committee updated on any prospective deals.
Thank you,
Dianna Grey
Executive Director