HouseH.R. 9267119th Congress

Transit Oriented Development Act of 2026

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9267 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9267

  To amend the Internal Revenue Code of 1986 to modify the low-income 
   housing tax credit to incentivize affordable and transit-oriented 
development and development in certain difficult development areas, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2026

   Mr. Case (for himself, Mr. Moylan, and Ms. Tokuda) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To amend the Internal Revenue Code of 1986 to modify the low-income 
   housing tax credit to incentivize affordable and transit-oriented 
development and development in certain difficult development areas, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transit Oriented Development Act of 
2026''.

SEC. 2. LOW-INCOME HOUSING TAX CREDIT FOR TRANSIT-ORIENTED DEVELOPMENT 
              AREAS.

    (a) In General.--Section 42(d)(5) of the Internal Revenue Code of 
1986 is amended by adding at the end the following new subparagraph:
                    ``(C) Increase in credit for buildings in transit-
                oriented development areas.--
                            ``(i) In general.--In the case of any 
                        building located in a transit-oriented 
                        development area which is designated for 
                        purposes of this subparagraph--
                                    ``(I) in the case of a new 
                                building, the eligible basis of such 
                                building shall be 150 percent of such 
                                basis determined without regard to this 
                                subparagraph, and
                                    ``(II) in the case of an existing 
                                building, the rehabilitation 
                                expenditures taken into account under 
                                subsection (e) shall be 150 percent of 
                                such expenditures determined without 
                                regard to this subparagraph.
                            ``(ii) Increased eligible basis for 
                        noncontiguous states and territories.--In the 
                        case of a transit-oriented development area in 
                        Hawaii, Alaska, or any territory of the United 
                        States, subclauses (I) and (II) of clause (i) 
                        shall each be applied by substituting `155 
                        percent' for `150 percent'.
                            ``(iii) Transit-oriented development 
                        area.--For purposes of this subparagraph, the 
                        term `transit-oriented development area' means 
                        an area designated by the Secretary of Housing 
                        and Urban Development and State housing credit 
                        agency as located in an area within \1/2\ of a 
                        mile from a rail, bus, harbor, or waterway 
                        station and as zoned for high-density.
                            ``(iv) Limit on areas designated.--The 
                        portions of metropolitan statistical areas 
                        which may be designated for purposes of this 
                        subparagraph shall not exceed an aggregate area 
                        having 20 percent of the population of such 
                        metropolitan statistical areas. A comparable 
                        rule shall apply to nonmetropolitan statistical 
                        areas.
                            ``(v) Coordination with high cost areas.--
                        If the eligible basis of a new building, or the 
                        rehabilitation expenditures with respect to an 
                        existing building, are determined pursuant to 
                        subparagraph (B), such building shall not be 
                        treated as located in a transit-oriented 
                        development area for purposes of this 
                        subparagraph.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to buildings placed in service after the date of the enactment of this 
Act.

SEC. 3. HUD STUDY REGARDING ADJUSTMENT OF TAX CREDIT ALLOCATIONS TO 
              REFLECT GEOGRAPHIC COST-OF-LIVING DIFFERENCES.

    The Secretary of Housing and Urban Development shall conduct a 
study to identify cost-of-living differences throughout the United 
States based on geographic location and proximity and accessibility to 
transit. Not later than the expiration of the 1-year period beginning 
on the date of the enactment of this Act, the Secretary shall submit a 
report to the Congress setting forth the results and conclusions of the 
study and recommending formulas for the adjustment of annual 
allocations to the States of low-income housing tax credits under 
section 42 of the Internal Revenue Code of 1986 to reflect such cost-
of-living differences.
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