H.R. 3680 – Promoting Affordable Housing Near Transit Act

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Updated February 8, 2026 at 3:55 AM UTC

The bill amends Title 49 of the U.S. Code to let the Secretary approve transfers of assets bought with transportation assistance for affordable housing near transit. It establishes conditions for such transfers, including public‑use duration and affordability requirements. The goal is to encourage transit‑oriented development that provides low‑income housing and boosts transit ridership.

Key Provisions

Allows a recipient to transfer an asset to a local government for public use if the asset remains in public use for at least five years and meets criteria such as no further government obligation and overall benefit outweighing liquidation interests.
Permits transfer of an asset to a local government, nonprofit, or third‑party entity for transit‑oriented development if the project will increase transit ridership and at least 40% of housing units are legally bound to be affordable to households earning ≤60% of area median income, with at least 20% affordable to those earning ≤30% AMI.
Requires the transferred asset used for transit‑oriented development to remain in that use for at least 30 years after transfer.
Sets evaluation standards for transfers, including fair market value, overall public benefit, and, for third‑party transfers, a demonstrated history of constructing or operating affordable housing.

Legislative Activity

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2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Highways and Transit.

Highways and Transit Subcommittee

June 2, 2021

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HouseIntro Referral

Introduced in House

June 1, 2021

HouseIntro Referral

Referred to the House Committee on Transportation and Infrastructure.

Transportation and Infrastructure Committee

June 1, 2021

HouseCommittee

Referred to the Subcommittee on Highways and Transit.

Highways and Transit Subcommittee

June 2, 2021

Bill Text

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Introduced in HouseIssued June 1, 2021

I

117th CONGRESS

1st Session

H. R. 3680

IN THE HOUSE OF REPRESENTATIVES

June 1, 2021

Mr. Smith of Washington introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL

To amend title 49, United States Code, with respect to property disposition for affordable housing, and for other purposes.

1.

Short title

This Act may be cited as the Promoting Affordable Housing Near Transit Act.

2.

Property disposition for affordable housing

Section 5334(h)(1) of title 49, United States Code, is amended to read as follows:

(1)

In general

If a recipient of assistance under this chapter decides an asset acquired under this chapter at least in part with that assistance is no longer needed for the purpose for which such asset was acquired, the Secretary may authorize the recipient to transfer such asset to—

(A)

a local governmental authority to be used for a public purpose with no further obligation to the Government if the Secretary decides—

(i)

the asset will remain in public use for at least 5 years after the date the asset is transferred;

(ii)

there is no purpose eligible for assistance under this chapter for which the asset should be used;

(iii)

the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and

(iv)

through an appropriate screening or survey process, that there is no interest in acquiring the asset for Government use if the asset is a facility or land; or

(B)

a local governmental authority, nonprofit organization, or other third-party entity to be used for the purpose of transit-oriented development with no further obligation to the Government if the Secretary decides—

(i)

the asset is a necessary component of a proposed transit-oriented development project;

(ii)

the transit-oriented development project will increase transit ridership;

(iii)

at least 40 percent of the housing units offered in the transit-oriented development, including housing units owned by nongovernmental entities, are legally binding affordability restricted to tenants with incomes at or below 60 percent of the area median income and owners with incomes at or below 60 percent the area median income, which shall include at least 20 percent of such housing units offered restricted to tenants with incomes at or below 30 percent of the area median income and owners with incomes at or below 30 percent the area median income;

(iv)

the asset will remain in use as described in this section for at least 30 years after the date the asset is transferred; and

(v)

with respect to a transfer to a third-party entity—

(I)

a local government authority or nonprofit organization is unable to receive the property;

(II)

the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and

(III)

the third party has demonstrated a satisfactory history of construction or operating an affordable housing development.

.