#lihtc

By HerUnpopularOpinion

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In the ongoing debate over homelessness in America, we hear a lot about addiction, mental health, and poverty. What we don’t hear nearly enough about is the role our own housing policies play in perpetuating this crisis. Specifically, we need to talk about how low-income housing programs—like HUD-funded apartments and Low-Income Housing Tax Credit (LIHTC) properties—are quietly but aggressively pushing vulnerable people onto the streets through draconian, often borderline-illegal enforcement tactics aimed at rooting out drug use.

The Illusion of Shelter: Housing with a Catch

When people think of subsidized housing, they often imagine it as a safety net—a last-resort solution for people on the edge. And in many ways, that’s what it’s supposed to be. But what’s not commonly known is that these “safe havens” come with a harsh, zero-tolerance approach to drug use. Many housing authorities and property managers enforce policies that give them broad power to evict tenants for suspected drug activity—often without charges, let alone a conviction.

In some of the worst cases, property managers or housing authority staff are accused of unlawfully entering residents’ apartments to search for “evidence” of drug use. Not only is this a blatant violation of Fourth Amendment protections, but it’s also a violation of basic human dignity. Imagine living in fear that the very people supposed to help you can burst into your home at any time, looking for a reason to throw you out.

Eviction Without Trial: Guilt by Association

The federal “One Strike” policy, which gained traction in the 1990s during the height of the War on Drugs, allows for tenants to be evicted even if someone else in their household—or even just a guest—is caught using drugs. No trial. No context. Just gone.

This approach doesn’t differentiate between occasional use and large-scale trafficking, or between someone recovering from addiction and someone in crisis. It doesn’t even require a conviction. If housing management believes drug activity is occurring, that alone can be enough to justify an eviction under many current policies.

These tactics, ironically, aren’t even effective at addressing addiction. Kicking someone out of stable housing doesn’t treat their substance use—it exacerbates it. When people lose their homes, they lose their stability, their support networks, and often their access to treatment and health services.

A Pipeline to the Streets

So, where do these people go? The answer is obvious: the streets.

Many of the individuals you see sleeping in tents, using drugs in public parks, or overdosing in alleyways were once housed. But when their housing situation turned into a surveillance state—when they were treated like criminals instead of human beings—they were pushed out. Not because they were convicted of a crime, but because they used the wrong substance in the privacy of their own homes.

If we want to reduce homelessness and public drug use, we need to stop acting like housing is a privilege for the morally pure. Housing is a human right. And when we tie housing to strict behavioral control—especially without due process—we set people up to fail.

The “Gestapo” Effect: A Culture of Fear and Control

Let’s call it what it is: this level of surveillance and policing inside low-income housing is authoritarian. It's more aligned with a right-wing police state than with the values of democracy or justice. It's a “Gestapo-like” intrusion that treats poverty as a criminal offense and addiction as moral failure.

By prioritizing “clean” housing over compassionate housing, we end up with policies that are not just cruel, but deeply counterproductive. We sacrifice long-term community stability for the illusion of law and order. We trade compassion for control.

What Needs to Change

End Zero-Tolerance Drug Policies in Housing:

Evictions should be based on serious, provable threats to safety—not on what someone does in the privacy of their own home.

Restore Tenant Rights and Privacy:

Unauthorized by housing staff must be treated as violations of law. Tenants deserve privacy and due process.

Decouple Housing from Policing:

Housing authorities should not be in the business of conducting surveillance or enforcing criminal laws. That’s not their job—and when they try to play cop, they only end up making things worse.

Invest in Harm Reduction:

If someone is struggling with addiction, the last thing they need is to lose their home. Stable housing is a cornerstone of recovery.

Give People Space to Live Their Lives:

Adults should be trusted to make choices in their own homes without fear of being evicted for behaviors that pose no danger to others.

Conclusion: Housing Is a Right, Not a Weapon

If we’re serious about addressing homelessness, we need to look beyond the streets and into the policies that are forcing people there. Our current housing system is less a safety net and more a trap—one that punishes vulnerability instead of protecting it.

Drug use should not be a crime. Poverty should not be treated as a crime. But our policies treat them as such. Until we reverse that, we’ll continue to see the consequences play out on our sidewalks, in our parks, and across every major city in the country.

You’re facing the reality of rising housing costs, mounting demand, and limited resources—but you’re still determined to deliver affordable homes that people can actually live in. That’s where this toolbox comes in. If you want to build or support affordable housing that meets today’s challenges, you need to understand how to use the right combination of funding mechanisms—federal tax credits, state-level programs, local abatements, grants, and utility rebates. This guide walks you through how each tool works, how you can qualify, and how stacking them together turns tight budgets into viable, community-strengthening developments.

Low-Income Housing Tax Credit (LIHTC): The engine behind affordable rental development

You won’t find a more proven tool for building affordable rental housing than the LIHTC program. It’s been used to finance more than 3 million units across the country and continues to support over 100,000 new units annually. Through this program, you can receive equity from private investors who buy tax credits—reducing your need for traditional debt. You apply through your state housing agency, usually by responding to their Qualified Allocation Plan (QAP), which scores and ranks projects. If selected, you can claim 9% or 4% credits depending on how the project is financed. The key is meeting income and rent limits—most commonly 60% of Area Median Income (AMI), although some states allow averaging to serve a broader mix of tenants.

The demand for credits often exceeds supply, which is why planning early and aligning your project with state priorities—like sustainability or supportive housing—can give you an edge. With annual per-capita allocations increasing slightly in recent years, states have more room to support smaller cities and rural projects alongside urban housing needs.

Workforce Housing Credits: Covering the missing middle

You’ve likely heard complaints from teachers, EMTs, or service workers who earn too much to qualify for traditional affordable housing but still can’t afford market-rate rents. This is where workforce housing credits step in. These are typically state-specific programs that target households earning between 60% and 120% of AMI. States like Iowa, Colorado, and Georgia have introduced or expanded credits aimed at building housing for this overlooked group.

If your project targets this segment, you’ll benefit from greater flexibility on rent limits and possibly lower compliance burdens than with federal programs. These credits can often be paired with LIHTC to create mixed-income communities that include both low- and moderate-income tenants. They’re especially useful in areas experiencing economic growth where housing availability hasn’t caught up with job creation.

New Markets Tax Credit (NMTC): Supporting neighborhood-wide revitalization

If you’re planning a mixed-use development in a distressed area, NMTC is worth your attention. This program doesn’t directly fund housing—but it’s ideal when you’re combining affordable units with community spaces, healthcare centers, or small business retail. NMTC can bring in private capital for these non-residential parts of your project, offsetting costs that housing credits won’t touch.

The process involves applying through a Community Development Entity (CDE) that receives federal NMTC allocations. You’ll need to demonstrate that your project benefits low-income communities and aligns with the CDE’s investment goals. The benefit is significant: investors receive tax credits over seven years, which you can turn into upfront equity. When combined with housing incentives, this strategy lets you create complete neighborhoods—not just buildings.

Local Incentives: Property tax relief, fee waivers, and grants

When you build or renovate affordable housing, don’t overlook what your city or county can offer. Local governments often provide incentives that can tip the balance on a tight project budget. These may include property tax abatements, permit fee reductions, expedited approvals, or infrastructure cost-sharing.

Cities like Houston, Tulsa, and Belleville, Kansas have launched bold local incentives. In Houston, developers partnering with public housing agencies have used tax-exempt structures to save hundreds of thousands annually, with those savings passed on to renters. In Belleville, builders are offered grants to construct homes that meet affordability criteria. Even relocation grants are available in some smaller towns aiming to attract workers or new residents.

To access these programs, you’ll usually need to commit to affordability for a fixed period—often 15 to 30 years—and show that your project meets local goals around density, transit access, or sustainability. The upside? These savings can drastically reduce your long-term operating costs.

Energy Rebates and Sustainability Grants: Boosting efficiency and appeal

If you’re planning new construction or major rehab, energy efficiency incentives are an easy win. State agencies and utility providers often offer rebates for solar panels, heat pumps, smart thermostats, insulation upgrades, and high-efficiency appliances. These programs are especially valuable for LIHTC projects where rent revenue is fixed—because cutting utility costs can make your operating budget more manageable.

On top of utility savings, these upgrades improve your appeal to tenants and funding partners. Some state housing agencies now award scoring points in their QAPs for energy efficiency commitments. In a competitive funding cycle, that’s the kind of edge you want to have.

You can also tap into federal funds under programs like the Weatherization Assistance Program or the new Green and Resilient Retrofit Program (GRRP) that targets aging HUD-assisted housing with high energy loads. Pairing these with local grants or rebates can help you lower your per-unit costs while modernizing older properties.

Grants and Soft Funding: Filling gaps where credits don’t reach

Not every project qualifies for tax credits—or needs them. Sometimes you’re working on a smaller project, rural infill housing, or homeownership options. That’s where direct grants and soft funding from foundations, community development banks, or municipal funds come in. Programs like HUD’s HOME Investment Partnerships and the Community Development Block Grant (CDBG) offer flexible funds that can be used for acquisition, construction, or rehabilitation.

You’ll find that these dollars can act as the “glue money” to bring a project together—especially when layering with state and local tools. They’re especially useful when you’re building transitional housing, serving seniors or veterans, or working on owner-occupied rehab in lower-income neighborhoods.

To compete for these funds, your proposal needs to show public benefit, long-term affordability, and readiness to execute. If you can prove those things and match them with tax credit equity or loan financing, you’re in a strong position to secure approval.

How to Layer These Tools: Combining for long-term success

The smartest projects don’t rely on just one funding source. You want to stack the tools—credits for equity, abatements for lower taxes, grants for upfront costs, and energy rebates for efficiency. This blended capital strategy spreads risk and creates more flexibility. It also lets you meet multiple goals at once: affordability, sustainability, workforce support, and community growth.

For example, you might pair 4% LIHTC with tax-exempt bonds, add in state workforce housing credits, and close the gap with a local property tax abatement. Then tack on energy rebates to reduce your HVAC costs and apply for soft funding to cover predevelopment expenses. That’s how you build a deal that works without cutting corners.

What’s in the Affordable Housing Toolbox?

LIHTC for rental equity

Workforce credits for middle-income units

NMTC for mixed-use projects

Local tax abatements and grants

Energy rebates and HUD grants

In Conclusion

If you're working to deliver affordable housing, you need more than good intentions—you need the right tools. Federal tax credits, state workforce incentives, local abatements, grants, and energy efficiency programs all play a role in closing the gap between rising costs and what tenants can afford. By understanding how to access and layer these options, you can make your project pencil out without sacrificing quality or long-term impact. Use this toolbox wisely, and you'll create places people are proud to call home—without breaking your budget in the process.

Durham, North Carolina, has embarked on an ambitious journey with its $95 million housing bond, a commendable step towards addressing the growing need for affordable housing. Approved by a staggering 79.5% of voters in November 2019, this initiative marks a significant milestone in the city's efforts to ensure more residents have access to affordable housing through the Affordable Housing Lottery in Durham, NC. With the continued focus on affordable housing, Durham's initiative through the Affordable Housing Lottery in Durham, NC, stands as an exemplary model for cities nationwide. The strategic collaboration involving LIHTC and Midtown Builders signifies a comprehensive and inclusive approach to meeting the community's housing needs.

Overview of Durham's Affordable Housing Plan

The housing bond, part of Durham's Affordable Housing Bond Investment Plan, aims to profoundly impact the community by creating and preserving affordable housing units. Here's what the plan entails: Creating 1,600 new affordable housing units for households has brought in at least 80% of the area median income (AMI). Preservation of 800 affordable rental units, encompassing public housing and other income-restricted properties. Establishment of 400 homeownership opportunities for first-time buyers, supported by down payment assistance. Transition of 1,700 homeless households to permanent housing. Stabilization of 3,000 low-income renters and homeowners with programs aimed at preventing evictions and assisting with property taxes and housing repairs. This multifaceted approach is projected to leverage approximately $443 million in additional capital and create around 3,000 jobs, highlighting the bond's significant economic and social impact.

The Process: From Planning to Approval

Durham's journey to this monumental bond began with a comprehensive analysis of housing needs conducted in 2015. This analysis identified a critical shortage of affordable units for low-income residents. Following this, the city set clear housing goals in 2016, paving the way for this innovative funding solution. The bond's passage was a win for affordable housing in Durham, NC, and a strategic move to foster economic development. The campaign emphasized potential job creation and the prioritization of contracting opportunities for minority- and women-owned businesses, broadening community support for the initiative.

Community Engagement and Transparency

Transparency and ongoing communication have been central to maintaining public trust and support. From the outset, city officials proactively engaged with the community, sharing detailed plans and the expected financial implications of the bond.

Measurable Impacts and Ongoing Developments

Although it's still early to gauge the full impact of the bond, early signs are promising. The city has committed funds to various projects, including expanding services for the homeless and redeveloping fundamental Durham Housing Authority properties. These actions are expected to significantly increase affordable housing availability in Durham, NC.

Addressing Concerns and Future Steps

Despite its success, the initiative has faced concerns about the potential rise in property taxes and its broader implications for low-income homeowners. The city is actively developing strategies to mitigate these concerns, including targeted support for those affected by tax increases.

Conclusion: A Model for Other Cities

Champions in Congress Looking for Any Opportunity to Advance Min 4% Tax Credit Rate in Year-End Tax Legislation Last week the U.S. House of Representatives Ways and Means Chairman Kevin Brady (R-TX) introduced tax legislation that would renew expired tax provisions, make technical fixes to last year's Tax Cuts and Jobs Act, provide incentives for retirement savings, and offer tax relief for natural disaster victims. The tax package also includes a technical correction that would modify the general public use rule for multifamily Housing Bonds to clarify that there is an exemption for properties serving veterans. It is unclear whether lawmakers will move forward with negotiations on this package in the lame duck or wait until the next Congress to consider tax legislation. House Republican leadership intended to vote on the proposal last week, but it was ultimately postponed because a large number of representatives were absent and thus the package lacked the votes to advance. Complicating matters is the fact that there is limited legislative time remaining this year and lawmakers’ top priority is finalizing fiscal year (FY) 2019 appropriations before the current continuing resolution (CR) funding many government functions expires on December 7. The President has said he will veto any spending package that does not include his requested funding for border security, which would result in a partial government shutdown. As reported in a previous post this week, however, given former President George H. W. Bush’s passing over the weekend, congressional leaders agreed to a two-week CR during the week of national mourning. Despite an unclear path forward, our champions in Congress are looking for any opportunity to advance the minimum 4 percent Housing Credit rate and other provisions from the Affordable Housing Credit Improvement Act.