Detached Single-Family Design Preference in Federal Housing, Tax, and Infrastructure Programs

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Don’t Let Federal Money Block Affordable Homes

AKA “Stop Penalizing American Families”


Which agency/agencies promulgated the regulation? *
U.S. Department of Housing and Urban Development (HUD) U.S. Department of the Treasury U.S. Department of Transportation (DOT)
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
• 24 CFR § 92.205 and § 92.251 — HOME Program use and property standards (HUD) • 26 CFR § 1.42-9(b) — IRS Low-Income Housing Tax Credit (LIHTC) design preferences (Treasury) • 23 CFR § 450.322 and § 450.324 — Metropolitan planning requirements for transportation grants (DOT) Specifically, rescind or revise provisions and program guidance that prioritize detached single-family housing over multi-family or mixed-use development.
What is your name?
—OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Notice of Proposed Rulemaking
What is the name of the regulation being rescinded, if applicable? *
Detached Single-Family Design Preference in Federal Housing, Tax, and Infrastructure Programs
Please provide a short summary of the justifications for the rescission. *
Across housing, tax, and transportation policy, federal rules have embedded a bias toward detached, single-family development—fueling sprawl, segregation, and artificial housing scarcity. HUD’s HOME program and LIHTC scoring criteria prioritize detached housing. DOT transportation planning guidance often centers on car-centric infrastructure that favors low-density zoning. Rescinding these programmatic preferences would allow communities to pursue more flexible, affordable, and sustainable development without being penalized in funding competitions.
Please insert the address of the agency. [NPRM, DFR, and IFR only]
HUD: 451 7th Street SW, Washington, DC 20410 Treasury: 1500 Pennsylvania Avenue NW, Washington, DC 20220 DOT: 1200 New Jersey Avenue SE, Washington, DC 20590
Please insert the contact information for the agency. *
HUD: (202) 708-1112 · affordablehousing@hud.gov Treasury: (202) 622-2000 · tax.policy@treasury.gov DOT: (202) 366-4000 · planning@dot.gov
What is the background for the regulation being rescinded? *
Post-WWII federal policy elevated suburban homeownership as a national priority. Over time, HUD, Treasury, and DOT encoded single-family bias into program design—favoring detached homes in HOME and LIHTC development, prioritizing road expansion in transportation grants, and reinforcing zoning systems that exclude renters and dense housing. These rules have locked in a structural preference that distorts local planning, drives up housing costs, and undermines racial and economic integration.
Explain the reasons for the rescission. *
Federal money shouldn’t punish communities for trying to build apartments, duplexes, or mixed-use housing. Today’s crisis isn’t a lack of land—it’s a system of financial and regulatory disincentives for anything but sprawl. These detached-housing preferences are not mandated by statute—they’re artifacts of outdated rule design. Rescinding them would level the playing field and allow federal dollars to support housing diversity, affordability, and climate resilience.
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
• 24 CFR § 92.205 and § 92.251 would be revised to remove any implied or explicit preference for detached units or single-family design in HOME funding scoring. • 26 CFR § 1.42-9(b) would be amended to eliminate LIHTC scoring preferences based on unit type (e.g. detached vs multifamily) unless explicitly tied to local needs assessments. • 23 CFR §§ 450.322 and 450.324 would be revised to require that regional transportation plans consider zoning flexibility and multi-modal, high-density development as equal or superior to low-density expansion.
Please insert the name of the current agency head. *
Scott Turner
Please insert the title of the agency head. *
Secretary of Housing and Urban Development

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