Update (July 2026): Congress passed a revised version of this bill, the 21st Century ROAD to Housing Act, in June 2026 (Senate 85–5, House 358–32), and it became law in July 2026 without the president's signature. The 350-home cap on institutional investors stayed in. The seven-year sell requirement for build-to-rent homes was dropped: build-to-rent and renovate-to-rent homes can be held indefinitely. The sections below describe the Senate version as it passed in March 2026. We're updating this article to reflect the final law.

The Senate just passed the largest housing bill in 36 years. For real estate investors, one provision stands out: a hard cap that blocks institutional investors from buying more single-family homes once they own 350.

The bill passed 89–10 on March 12, 2026. It still faces House opposition and an uncertain path to the president's desk. But the provisions it contains signal where federal housing policy is headed, and investors who understand them now can adjust their acquisition, depreciation, and exit strategies ahead of time.

Here's what's in the bill, how it affects your portfolio, and what to do next.

What the Senate Housing Bill Actually Does

Senators Tim Scott (R-SC) and Elizabeth Warren (D-MA) co-sponsored this bipartisan package. Its core mission: increase the supply of housing in the United States.

The bill removes regulatory barriers, expands construction incentives, and preserves existing housing stock. It also targets institutional investors in the single-family housing market, a priority for President Trump, who signed an executive order on the issue in January.

Context matters. Home prices have climbed roughly 50% since the pandemic began. Interest rates spiked after the initial buying frenzy, freezing the market even as prices held. Rents followed the same trajectory upward.

The last time Congress passed housing legislation at this scale was 1990. That bill created a national affordable housing strategy and funded new construction through federal grant programs. This new measure would modernize a key program from that earlier law.

The bill now moves to the House. It faces opposition from members of both parties over changes made in the Senate version.

The 350-Home Cap on Institutional Investors

This is the headline provision for real estate investors.

Under a rule spearheaded by Senator Raphael Warnock (D-GA), any investor who owns 350 or more single-family homes would be prohibited from acquiring additional ones.

Two critical details:

• The cap is not retroactive. If an institutional investor already owns 500 single-family homes, that portfolio is grandfathered. The investor just cannot buy number 501.
• The cap applies to purchases, not current holdings. No forced sales. No divestitures.

What this means for smaller investors. If you own 5, 15, or even 100 single-family rentals, this provision does not apply to you directly. But it may benefit you indirectly. Large institutional buyers, the firms bidding on entire subdivisions, face a ceiling on growth. That could reduce competition at the acquisition stage, especially in markets where institutional capital has priced out individual investors.

Does the 350-home cap apply to my portfolio?

For most individual investors, no. The threshold is 350 or more single-family homes. The vast majority of individual investors fall well below this number. If you operate through multiple LLCs or partnerships, watch for future guidance on how the cap applies to affiliated entities.

Build-to-Rent Restrictions: The 7-Year Sell Rule

The final law dropped this requirement. This section describes the Senate version.

The bill still allows investors to build single-family homes exclusively as rentals. But there's a catch.

Builders must sell those homes after seven years.

About 7% of all single-family construction in the U.S. is currently built as rental housing. Critics of this provision, including several House Republicans, argue the seven-year sell requirement will discourage new rental construction at a time when the country needs more supply, not less.

For investors, the depreciation implications matter.

A seven-year forced sale creates a hard recapture event. If you've used bonus depreciation and a cost segregation study to accelerate deductions in the early years, selling at year seven at a gain triggers depreciation recapture. The 5- and 7-year components are recaptured as ordinary income to the extent of the gain, and straight-line depreciation on the building is taxed at up to 25%.

The Big Beautiful Bill restored 100% bonus depreciation, making front-loaded deductions larger. That increases the recapture exposure at a forced seven-year exit.

What happens to my depreciation if I have to sell after 7 years?

You keep every deduction you claimed. On a sale at a gain, the 5- and 7-year components are recaptured as ordinary income to the extent of the gain. Bonus depreciation taken on 15-year land improvements is recaptured as ordinary income only to the extent it exceeds straight-line, and straight-line depreciation on the building is taxed at up to 25%. With a seven-year horizon, planning for that recapture from day one is essential.

Example. Say you build a $1.2 million single-family rental. A cost segregation study reclassifies $300,000 into 5-, 7-, and 15-year property. Under 100% bonus depreciation, you deduct that $300,000 in year one. At a 37% tax rate, that's $111,000 in first-year tax savings.

At a year-seven sale at a gain, you'd owe recapture on the accelerated portion. But you've had the use of that $111,000 for seven years. The deferral still has value if you plan for the recapture.

Supply-Side Provisions: Manufactured Housing, Multifamily Loans, and Faster Permitting

Beyond the investor-specific provisions, the bill includes several supply-side measures that create new opportunities.

Manufactured housing gets a broader definition. Factories could build homes without a steel chassis, making factory-built housing cheaper and faster to produce. Updated mortgage lending standards and expanded financing access would make these homes easier to buy.

Multifamily construction loans expand. The bill increases access to loans for building multifamily housing and broadens eligibility for federal construction grants.

Environmental reviews get streamlined. Faster permitting means faster construction timelines.

For investors, more new construction means more opportunities to apply cost segregation from day one, when the tax benefits are largest.

What This Means for Your Tax Strategy

The bill hasn't become law yet. House opposition and President Trump's stated reluctance to sign legislation before Congress delivers a voter ID bill create real uncertainty.

But the direction is clear. Federal policy is moving toward more housing supply and fewer institutional acquisitions of single-family homes.

Three actions to consider now:

• Review depreciation on your existing portfolio. The 350-home cap doesn't touch what you already own. If you haven't run a cost segregation study on your properties, a study can show how much depreciation you can move into earlier years. A look-back study can capture missed depreciation without amending prior returns, your CPA files a Form 3115 and you take the catch-up deduction in the current year.
• Plan for recapture on build-to-rent projects. If the seven-year sell rule survives the House, every build-to-rent investor needs a recapture strategy from closing day. Front-loading deductions still makes sense, but only with a clear exit plan.
• Watch manufactured housing. An expanded definition and better financing could make factory-built rentals worth evaluating, especially in markets where construction costs have stalled traditional development.

Not sure where to start? Book a call with R.E. Cost Seg.

Key Takeaways

• The Senate passed an 89–10 bipartisan housing bill, the largest in 36 years
• Institutional investors owning 350+ single-family homes cannot acquire more (not retroactive)
• Build-to-rent homes must be sold after 7 years, triggering depreciation recapture (Senate version; dropped from the final law)
• Manufactured housing, multifamily loans, and permitting all get expanded
• The bill still faces major House opposition and presidential uncertainty
• Investors should review depreciation on existing portfolios now and plan for potential policy shifts

Get a free cost segregation proposal from R.E. Cost Seg to see what a study would show on your portfolio.

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