The 21st Century ROAD to Housing Act appears likely to pass the Senate. The bill contains some genuinely good ideas alongside some very popular—but bonkers ideas.

Let’s start with the good ideas.

The bill would streamline NEPA review for federally supported housing, primarily by expanding categorical exclusions. Federal environmental review does impose real costs and delays on housing construction, so reducing unnecessary review is a step in the right direction. The gains will probably be modest—most housing regulation occurs at the state and local level—but removing friction is good.

The bill would also deregulate manufactured housing by eliminating the permanent chassis requirement and creating a uniform national construction and safety standard. The United States once built far more factory-produced housing; in the early 1970s, by some accounts a majority of new homes were factory-built (mobile or modular). Long-run productivity growth in housing almost certainly requires greater use of factory construction. Land-use regulation remains the dominant constraint on supply, but enabling scalable manufacturing is still welcome.

Another interesting provision involves Community Development Block Grants (CDBG). The bill allows CDBG funds to be used for building new housing rather than being largely restricted to rehabilitation of existing housing. More federal spending is not automatically appealing, but the bill adds an unusual incentive mechanism.

The bill creates a tournament for CDBG allocations. Localities that exceed the median housing growth improvement rate among eligible CDBG recipients receive bonus funding. Those below the median face a 10 percent reduction. The key feature is that the penalties fund the bonuses, so the system reallocates money rather than expanding spending.

This is a clever design. It creates competition among localities and benchmarks them against peers rather than against a fixed national target. In effect, the program rewards relative improvement rather than absolute performance—a classic tournament structure. (See Modern Principles for an introduction to tournament theory!).

Ok, now for the popular but bonkers ideas. Section 901 (“Homes are for People, Not Corporations”) restricts the purchase of new single-family homes by large institutional investors. Elizabeth Warren is a sponsor of the bill but this section was driven almost entirely by President Trump. Trump passed an Executive Order, Stopping Wall Street from Competing With Main Street Home Buyers, that cuts off institutional home investors from FHA insurance, VA guarantees, USDA backing, Fannie/Freddie securitization and so forth. The bill goes further by imposing a seven-year mandatory divestiture rule, forcing institutional investors to convert rental homes to owner-occupied units after seven years.

No one objects to institutional investors owning apartment buildings. But when the same investors own single-family homes, it breaks people’s brains. Consider how strange the logic sounds if applied elsewhere:

…a growing share of apartments, often concentrated in certain communities, have been purchased by large Wall Street investors, crowding out families seeking to buy condominiums.

Apartments are fine, hotels are fine, but somehow a corporation owning a single family home is un-American. In fact, the US could do with more rental housing of all kinds! Why take the risk of owning when you can rent? Rental housing improves worker mobility. When foreclosures surged after 2008 and traditional buyers disappeared, institutional investors stepped in and absorbed distressed supply — helping stabilize markets. Who plays that role next time?

Institutional investors own only a tiny number of homes, so even if this were a good idea it wouldn’t be effective. But it’s not a good idea, it’s just rage bait driven by Warren/Trump anti-corporate rhetoric.

What does “Homes are for People, Not Corporations” even mean?–this is a slogan for the Idiocracy era. “Food is for People, Not Corporations,” so we should ban Perdue Farms and McDonald’s?