Enterprise Testimony & Public Comment
Enterprise staff members provide statements, testimony and public comment on public policies affecting affordable housing and community development to the U.S. Congress and the Executive Branch.
Learn more about the policy issues and priorities we testify and comment on.
2020 Testimony and Public Comment
Comments to the IRS on its Proposed Rule on the Low-Income Housing Tax Credit Average Income Test
- On December 23, Enterprise submitted comments to the IRS on the proposed rule to implement the Low-Income Housing Tax Credit’s (Housing Credit’s) Average Income Test (AIT). To qualify as a Housing Credit project, an owner must provide a minimum number of affordable units in each property, referred to as a “minimum set-aside.” The AIT is one of three minimum set-aside options, allowing projects the flexibility to serve households earning as much as 80 percent AMI, so long as the average income in the property is 60 percent or less of AMI. In its comments, Enterprise cites a number of concerns with the proposed rule, particularly its detrimental effect on investor willingness to finance projects developed using the AIT.
Comments to HUD on Its proposed Rulemaking on Making Admission or Placement Determinations Based on Sex in Facilities Under Community Planning and Development Housing Programs
- On September 18, Enterprise, along with its partners, submitted comments urging HUD to withdraw a propose rule that would unwind existing federal protections for transgender individuals experiencing homelessness. The proposed rule would rescind requirements under the 2016 amendment to the 2012 Equal Access Rule, an action that would establish a discriminatory admission policy at federally funded homeless shelters whose facilities are segregated by sex and make humane treatment of certain people optional
Comments on FEMA’s Proposed Policy to Implement It’s BRIC Program
- On May 11, Enterprise submitted comments on FEMA’s proposed policy to implement its Building Resilient Infrastructure and Communities (BRIC) program, a new pre-disaster hazard mitigation program that replaces the existing Pre-Disaster Mitigation program and aims to shift the federal focus away from reactive disaster spending and toward research-supported, proactive investment in community resilience.
Comments on the OCC’s and FDIC’s Proposed Changes to the CRA
- On April 8, Enterprise submitted comments on the Office of the Comptroller of the Currency’s (OCC) and Federal Deposit Insurance Corporation’s (FDIC) joint notice of proposed rulemaking to modernize regulations implementing the Community Reinvestment Act (CRA). We strongly urge the two U.S. banking regulators to delay even modest rulemaking on CRA to allow banks and community stakeholders to thoughtfully plan and respond to the current COVID-19 pandemic, as well as find common ground with the third U.S. banking regulator, the Federal Reserve.
Joint Comments on HUD’s Proposed Affirmatively Furthering Fair Housing (AFFH) Rule
- On March 16, Enterprise, along with its partners, submitted comments to HUD urging the agency to withdraw its new AFHH proposed rule and to allow additional time for the 2015 final AFFH regulation to be implemented.
Joint Response to HUD's Request For Information (RFI) on Regulatory Barriers to Housing Development
- On January 31, Enterprise, along with its partners, submitted a joint response to HUD’s RFI, recommending that the federal government focus on easing federal regulatory and administrative practices that impede housing development and contribute to shortages in housing supply, as well as broadly incentivize smarter regulatory practices.
2019 Testimony and Public Comment
Comments to HUD Opposing Its Proposed Disparate Impact Rule
- On October 18, Enterprise, along with its partners, submitted comments to HUD, strongly opposing its proposed disparate impact rule and urging the agency to withdraw it.
Comments to HUD Opposing Its Proposed Rule on the Verification of Eligible Status
- On July 8, Enterprise submitted comments to HUD strongly opposing its proposed rule that would prohibit “mixed-status families”—households whose members have different citizenship and immigration statuses—from living in public and other subsidized housing.
Comments on Opportunity Zones Tax Incentive
- On July 1, 2019, Enterprise submitted comments to the IRS on the second round of IRS proposed regulations implementing the Opportunity Zones tax incentive. Enterprise believes the Opportunity Zones tax incentive should be used to advance equitable and inclusive growth and is pleased to offer recommendations to support that purpose.
Comments to HUD on the Review of HUD Policy in Opportunity Zones
- On June 17, Enterprise submitted comments to HUD on how to maximize the beneficial impact of public and private investments in urban and economically distressed communities, including Opportunity Zones.
Comments to HUD on Proposals for Updating and Streamlining the Implementation of Section 3 Requirements
- On June 3, Enterprise submitted comments to HUD on enhancing and streamlining the implementation of Section 3 requirements for creating economic opportunities for low- and vey low-income person and eligible businesses. Enterprise views updating Section 3 requirements as an opportunity to create and strengthen pathways toward economic mobility for low-income people, particularly residents of HUD-assisted housing.
Comments to the Treasury on Data Collection and Tracking fro Qualified Opportunity Zones
- On May 30, Enterprise submitted comments to the Treasury in response to the Request for Information (RFI) on Data Collection and Tracking for Qualified Opportunity Zones. Enterprise believes the collection and public reporting of meaningful data on qualified opportunity funds (QOFs) and their investments into designated Opportunity Zones (OZs) are critical first steps towards ensuring the Opportunity Zones tax incentive is fulfilling its intended purpose.
Comment Letter to the House Financial Services Committee on the hearing ‘Housing in America: Assessing the Infrastructure Needs of America’s Housing Stock
- On May 6, Enterprise submitted comments for the record to the House Committee on Financial Services on the hearing “Housing in America: Assessing the Infrastructure Needs of America’s Housing Stock.” The comments applaud the committee for its commitment to including housing in any infrastructure legislation that moves forward. Enterprise encourages lawmakers to include funding for the HOME program and the Capital Magnet Fund in the legislation, as well as expand and strengthen the Low-Income Housing Tax Credit.
2018 Testimony and Public Comment
Comments to the Department of Homeland Security (DHS) on Proposed Amendments to its Public Charge Regulations
- On December 10, Enterprise submitted comments to the Department of Homeland Security (DHS) on proposed amendments to its public charge – a term by U.S. immigration officials to refer to a person who is considered primarily dependent on the government for subsistence – regulations. These changes would significantly expand the definition of a public benefit to include Medicaid, the Supplemental Nutrition Assistance Program (SNAP), as well as any federal housing assistance including participation in the Section 8 Housing Choice Voucher Program or the Section 8 Project Based Rental Assistance Program, and residency in any HUD-funded Public Housing development.
Comment Letter to the Office of the Comptroller of the Currency on Possible Regulatory Changes to the CRA
- On November 19, Enterprise submitted comments to the Office of the Comptroller of the Currency (OCC) on possible streamlining of and enhancements to the Community Reinvestment Act (CRA). Enterprise’s comments note that our aim for modernized CRA regulations is to ensure a consistent, transparent system that properly gives banks credit for sound community development work. Our comments also point out Enterprise’s three principles in CRA modernization: 1) Preserving a focus on affordable housing, 2) Updating assessment areas to address national lending and investment challenges and 3) Retaining an explicit investment test with an emphasis on community development activities.
Comment Letter to the Federal Housing Finance Agency on Proposed Amendments to the Federal Home Loan Banks’ Affordable Housing Program
- In June, Enterprise submitted comments to the Federal Housing Finance Agency on proposed amendments to the Federal Home Loan Banks’ Affordable Housing Program (AHP). Established by Congress in 1989 as part of broader reforms to the banking system after the Savings & Loan crisis, this program funds homeownership for low-income households and frequently provides an important source of gap financing in Housing Credit developments.
Comment Letter to the Department of the Treasury on Opportunity Zones
- On March 15, Enterprise submitted comments to the Treasury Department on the implementation of Opportunity Zones, a new federal tax incentive created in the Tax Cuts and Jobs Act of 2017. Enterprise's comments urge Treasury to include community development best practices in the rules and regulations around Opportunity Zones and establish a framework that ensures equitable economic growth.
2017 Testimony and Public Comment
Testimony on Legislative Proposals to Increase Economic Growth
- On April 14, Enterprise submitted testimony to the Senate Banking Committee responding to a call for “legislative proposals that will promote economic growth and/or enable consumers, market participants and financial companies to better participate in the economy.” Enterprise’s testimony makes the case that investments in affordable housing must be part of any federal strategy to promote strong and inclusive growth. It then lays out six specific proposals for the committee.
Comment Letter to the Dept. of Homeland Security (DHS) on the EB-5 Program
- On April 11, the Accelerating Impact Investing Initiative (AI3), which is co-led by Enterprise Community Partners and Pacific Community Ventures, submitted comments to the Department of Homeland Security (DHS) on its proposed rulemaking for the EB-5 Immigrant Investor Program. The AI3 urged DHS to strengthen the EB-5 program’s impact on underserved communities by including incentives that would encourage investors to pursue social and economic outcomes beyond job creation, such as the creation of affordable housing.
Comments to the Department of Treasury on Satisfying the Required Qualified Allocation Plan Preference Concerning Concerted Community Revitalization Plans
- On February 10, 2017 Enterprise submitted comments to the Department of the Treasury on its notice regarding standards for concerted community revitalization plans in the allocation of Low-Income Housing Tax Credits (Housing Credit).
2016 Testimony and Public Comment
Letter to Senators Cantwell, Hatch and Wyden: Support for the Affordable Housing Credit Improvement Act of 2016 (S.3237)
- On December 19, the High-Cost City Housing Forum (HCHF), a peer-to-peer group that is comprised of the local housing commissioners from nine of the most expensive cities in the U.S. and convened by Enterprise Community Partners, submitted a letter to Senators Maria Cantwell (D-WA), Orrin Hatch (R-PA) and Ron Wyden (D-OR) expressing support for the Affordable Housing Credit Improvement Act of 2016 (S.3237).
Letter of Support for the Social Impact Partnership Act (S.1089)
- On November 15, a broad coalition of 35 nonprofit organizations, including Enterprise and the Accelerating Impact Investing Initiative (AI3), submitted a letter to Senators Mitch McConnell (R-KY) and Harry Reid (D-NV) urging passage of Social Impact Partnership Act (S.1089), a bipartisan legislation that would expand federal support to state and local social impact bonds (SIBs).
The 2017 State of New Mexico Low-Income Housing Tax Credit Draft Qualified Allocation Plan
- On October 7, Enterprise submitted comments to the New Mexico Mortgage Finance Authority (MFA) on the 2017 Draft Qualified Allocation Plan regarding green building standards and cost-effectiveness measures.
Comments to HUD on the its proposed transition to Small-Area Fair Market Rents in administering the Section 8 Housing Choice Voucher program
- On August 2, Enterprise submitted comments to Establishing a More Effective Fair Market Rent System: Using Small Area Fair Market Rents in the Housing Choice Voucher Program Instead of the Current 50 Percentile FMRs.
Proposals to Address America’s Rental Housing Crisis
- On July 1, Enterprise submitted testimony to the Democratic National Committee’s Platform Drafting Committee and the Republican National Committee’s Platform Drafting Committee, offering policy recommendations to address America’s rental housing crisis, promote economic mobility and create communities of opportunity across the country.
Comments to the Federal Housing Finance Agency (FHFA) on its Proposed Duty to Serve Rule
- On March 16, Enterprise submitted these comments to the Federal Housing Finance Agency (FHFA) on its proposed Duty to Serve rule, which requires Fannie Mae and Freddie Mac to support certain segments of the mortgage market that are traditionally underserved by private investors.
2015 Testimony and Public Comment
HUD Proposal on Small Area Fair Market Rents in Housing Choice Voucher Program
- On July 2, Enterprise submitted comments to advanced notice of rulemaking on Small Area Fair Market Rents.
Federal Transit Administration (FTA) Major Capital Investment Grant Program
- On May 8, Enterprise submitted comments to the proposed interim policy guidance for the Major Capital Investment Grant program.
Senate Finance Committee Community Development and Infrastructure Tax Reform Working Group
- On April 15, Enterprise submitted comments to the Senate Finance Committee's Community Development and Infrastructure Tax Reform Working Group.
Affirmatively Furthering Fair Housing (AFFH)
- On February 15, Enterprise Community Partners submitted comments on Later Assessments of Fair Housing Submission Dates for Certain Entities under HUD's proposed AFFH rule.
Section 202 and Section 811 Programs
- On January 15, Enterprise submitted comments to HUD on its proposed rule for Section 202 and Section 811 programs. Enterprise urged HUD to implement necessary programmatic changes, while ensuring long-term affordability for existing senior units and continued compatibility with the Housing Credit.
2014 Testimony and Public Comment
Affirmatively Furthering Fair Housing (AFFH)
- On November 25, Enterprise commented on HUD's Affirmatively Furthering Fair Housing Assessment Tool. Enterprise suggested numerous improvements to the Assessment Tool, including the need for more questions related to community-driven revitalization efforts and housing preservation strategies that counteract the displacement that occurs as a result of gentrification.
HUD Consortia Rule that Allows PHAs to Consolidate Resources and Administration
- On September 9, Enterprise commented on HUD's proposed rule streamlining requirements applicable to formation of consortia by public housing agencies. Enterprise indicated support for the proposed rule because it would provide families with greater housing options and mobility.
Small Multifamily Building Risk Share Initiative
- On January 3, Enterprise Community Partners submitted public comments in support of the Federal Housing Administration's proposed Small Multifamily Building Risk Share Initiative. The letter applauds the program as a way to expand capital to small multifamily properties, which are a critical source of affordable rental housing.
On October 14, Enterprise joined several of its partners in submitting comments to the Federal Transit Administration (FTA) expressing support for TOD research, technical assistance and training programs. The letter urges the FTA to allocate a portion of its resources for research, technical assistance and training to support grantees’ efforts to integrate transportation, housing, infrastructure and disaster resiliency policies.
- On August 29, Enterprise submitted comments to the Federal Highway Administration (FHWA) on its notice addressing performance management in transportation planning. The letter provided feedback on supporting the strong and inclusive metropolitan planning process that is crucial to promoting long-term sustainability, vitality and opportunity in regions across the country.
2013 Testimony and Public Comment
Dodd-Frank Act Implementation - Aligning the Qualified Residential Mortgage and Qualified Mortgage Standards
- On October 30, Enterprise Community Partners commented in a joint-letter in support on the recent proposal to align the Qualified Residential Mortgage Rule with the Qualified Mortgage Rule.
Violence Against Women Reauthorization Act of 2013: Overview of Applicability to HUD Programs
- On October 7, Enterprise submitted comments on the Violence Against Women Reauthorization Act of 2013 and its applicability to HUD programs. The letter praises the expansion of rights and protections to all victims of domestic violence living in government subsidized housing. In response to specific requests from HUD, Enterprise recommended the need for quick housing transfers for victims living in dangerous environments and flexibility in timing for victims seeking alternative housing – particularly given the present shortages of affordable units.
Housing Finance Reform
- On October 9, Enterprise Community Partners President and CEO Terri Ludwig testified at a hearing on Essential Elements of the Multifamily Housing Finance System held by the Senate Committee on Banking, Housing and Urban Affairs . In her testimony, she stated that any future system of multifamily housing finance must have explicit provisions to support affordable housing, reach underserved segments of the market and promote long-term sustainability.
- On October 8, Enterprise Community Partners submitted comments to the Federal Housing Finance Agency’s (FHFA) Request for Comments on Options for Reducing Fannie Mae’s and Freddie Mac’s Multifamily Businesses. The comments urge FHFA to reconsider its plans to reduce the GSE’s presence in the multifamily marketplace.
Affirmatively Furthering Fair Housing
- On September 17, Enterprise, Local Initiatives Support Corporation (LISC), and National Housing Trust (NHT) submitted joint comments on HUD’s proposed Affirmatively Furthering Fair Housing rule. The letter supports HUD’s overall goal but recommends that the final rule to be revised to ensure that jurisdictions feel empowered to revitalize distressed areas and preserve existing affordable housing as well as promote mobility to high opportunity areas. In addition, the letter recommends that HUD address capacity concerns at the local and federal level and provide greater clarity around the data and other key program requirements.
Low-Income Housing Tax Credit
- On April 9, Enterprise joined over 450 members of the ACTION Campaign in submitting comments to the House Real Estate Tax Reform Working Group in support of preserving and strengthening the Housing Credit in tax reform. On April 15, Enterprise also submitted its own comments to the Working Group, addressing the same issue as well as the need to preserve and strengthen the New Markets Tax Credit.
Section 8 Rental Assistance
- On February 21, Enterprise joined several of its partners in submitting a letter to the Senate Banking Committee urging action on voucher reform legislation. The letter outlines a list of high priority reforms that would ease administrative burdens for housing agencies and owners, deliver fairer and more efficient assistance to low-income families, provide new tools to leverage private capital for affordable housing preservation and development and encourage self sufficiency.
Promoting Transit-Oriented Affordable Housing and Community Development
- On September 23, Enterprise submitted comments to the Department of Transportation on its Draft Strategic Plan for Fiscal Years 2014-2018.
- On April 5, Enterprise and the National Housing Conference submitted comments to the Federal Transit Administration (FTA) on its Proposed Circular on Joint Development.
- On March 11, Enterprise and several of its partners submitted a joint comment letter to the FTA on its Major Capital Investment Projects program. The comments express support for regulatory changes that promote transit-oriented affordable housing, and provide detailed implementation recommendations.