Elizabeth Warren’s housing fix could make home buying even tougher

As part of his affordability agenda, President Trump has been looking for ways to bring down housing costs.

He’s had some success. Mortgage rates are lower than at any point since his first term. The National Association of Realtors’ Housing Affordability Index has started ticking up again. And as Trump noted during his State of the Union address, the cost of buying a house has dropped about $5,000 since he took office.

Affordability is the target. A serious policy needs to increase the number of homes Americans can actually buy, not just score points against investors.

More work remains. Trump brought a guest to the State of the Union to make the point. Rachel Wiggins, a Houston mom of two, told a story many families recognize: She bid on 20 homes and “lost all of those bids to gigantic investment firms that bypassed inspection, paid all cash, and turned all those houses into rentals, stealing her American dream,” Trump said.

That experience explains the executive order Trump signed to curb large institutional investors from dominating the single-family market — driving up prices for buyers and renters alike while shrinking supply for both.

Trump’s order sets a clear policy: Large institutional investors should not buy single-family homes that families could otherwise purchase. It does that by restricting federal approval, insurance, guarantees, securitization, and other forms of facilitation for institutional purchases of single-family homes that could go to owner-occupants. It also limits the disposal of federal assets in ways that transfer single-family homes to large institutional investors.

The order goes farther. It directs the administration to promote sales to individual owner-occupants — people who actually live in the homes and care for the neighborhoods — through first-look policies, disclosure requirements, and anti-circumvention provisions. It also directs the legislative affairs office to produce legislation to codify the order.

The order includes narrow exceptions for build-to-rent projects planned, permitted, financed, and constructed as rental communities, as well as other tailored cases. It also directs the Treasury Department to tighten rules affecting housing acquisition and instructs the attorney general and the Federal Trade Commission chairman to review major acquisitions, especially serial purchases, and to prioritize antitrust enforcement as warranted.

Trump also directed Housing and Urban Development Secretary Scott Turner to require owners and managing agents of single-family rentals participating in federal housing assistance programs to disclose indirect owners, managers, and affiliates and to report changes in ownership.

In other words, Trump offered a concrete proposal: prioritize owner-occupants, expand supply, and curb the worst market distortions without choking off lawful investment that supports construction and growth.

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Photo by Jeremy Weine/Getty Images

Sen. Elizabeth Warren (D-Mass.) offered something else.

Warren unveiled legislation last week before the Senate Banking Committee, where she serves as ranking member. Her approach targets the tax incentives that support housing investment. It would impose higher taxes on any person or entity that owns more than 50 single-family homes. It would also bar access to Fannie Mae and Freddie Mac-backed mortgages and restrict purchases of foreclosed homes.

That is less a housing plan than a punishment plan. It aims to drive investors out, even though big investors have never owned more than about 4% of U.S. housing stock. The core problem is supply: The country does not have enough homes for a growing population. The answer is not to chase away capital that can help build housing. The answer is to align incentives so that families — owner-occupants — get first priority.

Sen. Jeff Merkley (D-Ore.), Warren’s co-sponsor, said he’s willing to work with anyone trying to bring down home prices. Trump should take him up on that offer and make the point directly: The goal is not to punish firms that operated lawfully. The goal is to create rules that prioritize families, encourage construction, and expand affordable supply.

Affordability is the target. A serious policy needs to increase the number of homes Americans can actually buy, not just score points against investors.