
What Is Housing For?
The market is not broken. It is working exactly as designed. So we design something else.
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Download and review the full foundational framework for a permanent, mission-locked housing institution that ordinary people can copy, shrink, or join.
π Open National Housing PBC Working Draft (Word Doc) βAsk a twenty-six-year-old in Modesto, Fresno, Phoenix, Atlanta, or Columbus whether they expect to own a home. Most will laugh before they answer. Then they'll tell you the truth: they expect to rent for the rest of their lives, and they've already started to feel like that's their fault.
It is not their fault. The feeling is the product. It was manufactured with the same care that goes into any product, and it was manufactured by people who profit from it.
This post does four things. It puts the numbers on the table so nobody can pretend the crisis is imaginary. It walks through the history of how American housing was built to serve owners and capital, and how the last forty years turned that bias into an extraction machine. It answers the two questions that no one in Washington will ask out loud: What is housing for? and Should every human being have access to it? And then it hands you a tool: the National Housing PBC Foundational Framework, a working blueprint for a permanent, mission-locked housing institution that ordinary people can copy, shrink, or join.
Because the honest conclusion of all of this is simple. The system will not repair itself. It has no reason to. The people who could repair it are paid by the people who benefit from it. So the public has to build the alternative with its own hands, using the same legal and financial tools the extractors use, but pointed at a different purpose.
Part One: The Numbers Nobody in Power Says Out Loud
Start with what the Harvard Joint Center for Housing Studies reported in June 2026. A record 22.7 million renter households, 49 percent of all renters, spent more than 30 percent of their income on housing in 2024. Of those, 12.1 million were severely cost-burdened, handing over half or more of everything they earned just to keep a roof. Among renters earning under $30,000 a year, 83 percent are cost-burdened. That is not a struggling minority. That is the majority of the working class.
The supply of cheap housing is not just tight. It is being deleted. Between 2014 and 2024, the number of rental units in this country going for under $1,000 a month fell by 30 percent, from 8.3 million to 5.8 million. Units renting for over $2,000 a month doubled in the same window. Nobody demolished 2.5 million cheap apartments. They were repriced. The building is still there. The rent that a working person could pay is gone.
Eleven million extremely low-income renter households are competing for 3.8 million affordable and available units. Read that ratio slowly. For every three families at the bottom, there is one home they can afford. The other two are, by design, one bad month from the street.
Now the ownership side. The National Association of Realtors' 2025 Profile of Home Buyers and Sellers found that first-time buyers fell to 21 percent of all purchases, the lowest share since the survey began in 1981. Before 2008, first-time buyers were roughly 40 percent of the market. The median first-time buyer is now 40 years old. In the 1980s it was the late twenties; as recently as 2010 it was 30. The median repeat buyer is 62. Thirty percent of repeat buyers paid all cash. Their median down payment was 23 percent, the highest since 2003.
Put those two facts side by side. The people who already own are getting older, richer, and paying cash. The people who don't own are getting older, poorer, and locked out. The market is not a ladder. It is a moat, and the people inside it are pulling the drawbridge up a decade at a time.
And then the floor beneath the floor. HUD's 2025 Annual Homelessness Assessment Report counted 745,652 people homeless on a single January night. That was a 3 percent dip from 2024's all-time record of 771,480, but chronic homelessness hit its highest number ever recorded at 155,750, individual homelessness hit a record, and homelessness among people over 65 kept climbing. Twenty-eight states got worse. The "decline" was two states' worth of arithmetic. We have not solved anything. We have plateaued at a catastrophe.
These are not the numbers of a market that failed. A failed market produces randomness. These numbers have a direction. They move wealth up and risk down, year after year, through booms and busts, under both parties. That is what a design does.
Part Two: A Short History of Whom Housing Was Built For
Every housing policy in American history has answered the question "What is housing for?" Most answered it without saying so. Here is what they said.
The Homestead Act of 1862 gave 160 acres to anyone who would work it. Housing, in that moment, was for building a nation of owners, and the government gave the land away for free to do it. Remember that when someone tells you the government cannot "afford" to create ownership. It has done it before, at continental scale, when it wanted to.
The 1930s created the modern mortgage. The Home Owners' Loan Corporation in 1933 and the Federal Housing Administration in 1934 invented the long-term, low-down-payment, government-backed home loan. This was the single largest wealth-creation program in American history. It was also explicitly racial. HOLC's maps and the FHA's underwriting manual marked Black and immigrant neighborhoods in red and refused to insure loans there. Housing, in that design, was for building a white middle class. It worked. The wealth gap you see today between a white family and a Black family is, in large part, the compound interest on a 1938 map.
The 1944 GI Bill put home loans in the hands of millions of returning veterans and built the suburbs. Same design, same exclusions, larger scale. The suburbs were not a market outcome. They were a federal program.
1968 to 1998 is the era where the country half-heartedly tried to widen the door and then quietly closed it again. The Fair Housing Act of 1968 outlawed the redlining that the government itself had invented. Public housing, which had been built for the working poor since 1937, was starved of maintenance money, allowed to decay, and then blamed for decaying. In 1986, the Low-Income Housing Tax Credit was created, which handed the job of building affordable housing to private developers and investors in exchange for tax breaks. In 1998, the Faircloth Amendment capped the number of public housing units the federal government could ever own at the level then existing. Read that again: Congress passed a law making it illegal for the public to build more public housing. Housing, from that point forward, was for the private sector to supply and the public to subsidize.
2008 was the hinge. Millions of families lost their homes to foreclosure. Those homes did not vanish. They were bought, in bulk, at a discount, by the largest pools of capital in the world. Blackstone founded Invitation Homes in 2012 and became the country's largest single-family landlord in a few years. In 2017, Fannie Mae, a government-sponsored enterprise created to help families buy homes, guaranteed a $1 billion loan to Invitation Homes so it could hold more of them as rentals. The crisis that pushed families out of ownership was used as the raw material for a new asset class: your former house, rented back to you.
2017 to 2025 is when the software arrived. RealPage's revenue-management products, fed with confidential rent and occupancy data from competing landlords, told thousands of property managers what to charge, every day, in the same direction. The Department of Justice alleged the software touched over 13 million rental units. In November 2025, the DOJ settled with RealPage on terms that barred it from using competitors' real-time data to set prices. Thirty-seven of the largest landlords in the country, including Greystar, Equity Residential, and Mid-America Apartment Communities, agreed to a combined $359.9 million class settlement covering renters from 2018 to 2025. The DOJ's own antitrust chief said RealPage replaced competition with coordination and renters paid the price. Greystar alone manages nearly 950,000 units. Nobody admitted wrongdoing. Nobody went to jail. The rent did not go back down.
That is the arc. The government built ownership for some. It abandoned public housing for the rest. It privatized the job of building affordable housing. It capped its own ability to build more. It handed the wreckage of 2008 to institutional capital. And it let an algorithm turn the entire rental market into a single coordinated price-setter. At every step, the answer to "What is housing for?" got narrower.
Part Three: What Private Equity and Institutional Capital Are Actually For
I would like to believe that private equity and institutional holders were designed to stabilize markets, conditions, and countries. In the textbook, that is the story: patient capital, professional management, liquidity in a crisis.
But an institution is what its structure requires it to be, not what its brochure says. A private equity fund has a fixed life, usually seven to ten years. It raises money from limited partners, promises them a return, and must give that money back with the return by a deadline. That deadline is the whole personality of the fund. It cannot own a building for fifty years and take care of the people in it, because it does not exist for fifty years. It exists to buy, extract, and sell. Its fiduciary duty runs to the people who gave it money, and to nobody else. Not to residents. Not to the town. Not to the next generation.
A publicly traded landlord has a different clock but the same master. It is measured quarterly. Its executives are paid in stock. Every incentive in the building points toward higher net operating income next quarter, and there are only four ways to get there: raise rent, add fees, cut maintenance, or cut staff. Tenants experience all four at once and call it "the market."
Now, here is where I have to be honest with you, because a movement that runs on exaggeration gets destroyed the first time someone checks the math. The people defending Wall Street have a favorite fact, and it is true: large institutional investors own only about 3 to 5 percent of the nation's single-family rental homes, and well under 1 percent of all single-family houses. Their purchases collapsed by over 90 percent since 2022. And on July 11, 2026, the 21st Century ROAD to Housing Act became law, with a title in it called "Homes Are for People, Not Corporations." Both parties applauded. If the story were simply "Blackstone bought all the houses," that law would be the end of the story.
It is not the end of the story, for three reasons.
First, the national average hides the local reality. Research on Atlanta found zip codes where institutional owners held more than half of the actively listed rental homes. Phoenix and Tampa show the same pattern. Extraction does not need to own the whole country. It needs to own the neighborhood you can afford, and it does.
Second, single-family homes were never where institutional capital lives. Apartments are. The largest apartment owners and managers in the country are REITs, pension-backed funds, and private equity platforms, and that is exactly the universe the RealPage litigation describes. The new law does nothing about the buildings where most cost-burdened renters actually live.
Third, and most important: the problem was never the name on the deed. It is the operating logic. The mom-and-pop landlord who runs his four units through the same pricing software, stacks the same "amenity fees," and defers the same repairs is running the institutional playbook at retail scale. The market taught him to. The logic of maximum extraction is now the default setting of American housing, whoever owns it. Banning one class of buyer from one class of house does not change the setting. It just changes who gets to run the machine.
What the new law actually says, and what it carefully does not
Read the ROAD to Housing Act closely, because the gap between the headline and the text is where the whole lesson of this post lives.
It is not a cap on how many homes an institution may own. It is a ban on buying more. The 350-home figure defines who is covered, not how much anyone may hold. A "large institutional investor" is a for-profit entity in the business of investing in, owning, renting, managing, or holding single-family homes that, alone or in concert with one or more other entities, directly or indirectly has investment control of 350 or more of them. Cross that line and you may not purchase single-family homes at all, unless the purchase fits one of eleven enumerated exceptions. Violations carry civil penalties of $1 million per violation or three times the purchase price, whichever is greater.
Now the fine print.
- Nothing has to be sold. The Act contains no divestment requirement. Every home accumulated since 2008 stays exactly where it is, permanently. The Senate's March version would have forced build-to-rent operators to sell to individual buyers within seven years. That provision was removed from the final bill.
- Build-to-rent survived intact, with the forced-exit timeline and the renter first-look and right-of-first-refusal all stripped out.
- Apartments are untouched, because a "single-family home" is defined as a structure with two or fewer dwelling units. Manufactured homes are expressly excluded from the definition entirely, which quietly leaves the housing stock of the poorest homeowners in America outside the law's protection.
- There is a two-year buying window. Covered investors may keep purchasing from non-covered sellers until roughly January 2029.
- It expires. The prohibitions carry a fifteen-year sunset, ending around December 2041 unless Congress acts again.
Can the 350 threshold be gamed?
The obvious dodge β spin up forty LLCs holding 349 homes each β is closed on the face of the statute. Coverage attaches to entities acting in concert, to indirect control, and the attribution rules reach control exercised through ownership, general partner or managing member status, and investment manager or adviser roles. "Purchase" is defined broadly enough to capture acquisitions by merger, construction, and foreclosure. Whoever drafted this anticipated the shell game.
The exposure is somewhere else, and it is structural.
- Excepted purchases do not count toward the 350. Homes acquired under an exception after enactment are excluded from the threshold math. Practitioners have already noted the consequence in print: a portfolio can grow past 350 homes through excepted purchases without its owner ever becoming a covered investor. The build-to-rent channel is an exception. So the growth pipeline is uncapped and the counter never advances.
- You can shed the label and keep the money. Because status keys off investment control, one documented strategy is to sell control of a grandfathered portfolio to a larger investor while retaining the economics, dropping the seller below 350 and out of coverage β unless it is viewed as acting in concert. "In concert" and "investment control" are the two phrases the entire regime rests on, and neither is self-defining.
- And Treasury is forbidden from tightening it. The Act expressly bars regulations that would alter the statutory definitions, narrow the excepted purchases, expand the class of covered investors, or change the 350-home threshold. Treasury may write rules to minimize market disruption. It may not write rules to close a gap someone is driving through. Every ambiguity will have to be litigated, case by case, by whoever has standing and the money to sue.
- Nobody is looking, either. There is no national beneficial-ownership registry for housing. Detection depends on covered investors annually notifying HUD of how many homes they own and where β the regulated party self-identifying β and on discretionary enforcement by public officials. A regime where the industry reports itself, the regulator is legally barred from broadening the definition, and enforcement depends on political will is a regime whose strength changes every time an election does.
So Congress froze the roster without unwinding a single holding, grandfathered every home already taken, left the build-to-rent pipeline uncapped, exempted apartments and manufactured homes entirely, handcuffed its own regulators, and set the whole thing to expire in 2041. That is not nothing. It is also not a fix, and it was not written to be one. It was written so that everyone could go home and say they had done something about Wall Street landlords.
This is what I mean when I say the system will not revert itself. This was the reform. This was the bipartisan, celebrated, signed-into-law reform, and it ratifies the accumulation and calls it a victory.
So what does an extractive structure leave the public with, when the public is allowed to design nothing for itself? It leaves exactly what you see: record cost burdens, a disappearing stock of cheap units, first-time buyers at 40, repeat buyers paying cash at 62, and three-quarters of a million people on the street on a winter night. Not because anyone in a boardroom is a monster. Because the structure they sit inside has no instrument that measures anything else.
Part Four: Why the Government Will Not Fix This
People ask me why Congress doesn't just fix it. Here is the plain answer. The current condition of the struggling public is not a problem for the people who run the government. It is a stable equilibrium that they and their donors have grown comfortable inside.
Consider who benefits from housing that only goes up in price. Every existing homeowner, whose net worth rises. Every bank, whose loan book is secured by those rising values. Every local government, whose property tax base grows without a vote. Every real estate lobby, every builders' association, every landlord trade group, every mortgage servicer. That is the coalition. It is enormous, it is bipartisan, and it votes. Renters, by contrast, move often, are registered less, and have no trade association with a building on K Street.
Now consider who sits in Congress. A substantial share of members are landlords themselves. Their wealth is in real estate. Their donors' wealth is in real estate. They are not corrupt in any way you could prosecute. They simply cannot see a problem in a system that has made them and everyone they know comfortable. Expecting them to revert that system is like expecting a fund manager to voluntarily give up his carried interest. It is not a moral failure. It is a design result.
This is why I say we must use the same tools these extractive systems have access to. Not because the tools are evil. Because the tools are neutral, and the only people currently using them are the ones extracting. A Delaware corporation, a capital stack, a deed restriction, a tax credit, a bond, a board of directors: these are just machinery. The question is whose purpose is welded into the machinery, and whether that purpose can be changed by the next person who buys a controlling stake.
Every extractive housing entity in America has a charter. Ours will too. Theirs says "maximize shareholder value." Ours will say something else, and it will make that something else nearly impossible to remove.
Part Five: The Species-Level Question
Should every human being have access to housing?
Strip away the politics and ask it as a biologist would. Every social species on earth builds conditions for its members to survive. Bees build the hive around the young. Wolves den. Ants engineer climate control. No species on this planet designs a shelter system whose purpose is to watch a third of its own members struggle so that a small number can accumulate. That would be selected out of existence in a few generations, because a species that hoards shelter from its own young does not have a next generation.
Human beings are the only species capable of building an abstraction, a policy, a fund structure, and then hiding behind it while our own kind sleeps in a doorway. We are also the only species capable of noticing that we are doing it and choosing to stop.
Moving a country forward is not something a government does to a people. It is something a people does, with whatever government it has. It requires public participation in the most literal sense: people forming things together. Mutual insurance companies, credit unions, cooperatives, land trusts, public benefit corporations. This is not a radical tradition. It is the oldest American tradition there is. The Amalgamated Housing Cooperative in the Bronx has housed working families since 1927, built by a union of garment workers who decided they would rather own their buildings together than rent them from someone who didn't. The Burlington Community Land Trust, founded in 1984, now the Champlain Housing Trust, has kept thousands of homes permanently affordable across two generations by owning the land under them and selling only the houses. Every one of these was built by regular people who got tired of waiting.
The foundation of all of this is understanding each other outside the conditions we have been taught to fight inside. The system needs renters to resent homeowners, young to resent old, native to resent immigrant, city to resent farm. Every one of those fights is a distraction from the one line that actually matters: the line between people who live in housing and people who extract from it. Once you see that line, the divisions dissolve. The 62-year-old repeat buyer and the 26-year-old lifelong renter are not enemies. They are the same family two generations apart, and the design that pushed one up will push the other out.
Species-level thinking, in practice, means one thing: build conditions for each other to thrive. Not policies to watch others struggle. Buildings, entities, institutions, capital, in which one generation deliberately makes room for the next.
That is what the framework below is for.
Part Six: The National Housing PBC Foundational Framework, Explained
What follows is a plain-English walk through the working draft. It is a foundational document, version 0.1, dated August 2026. It is deliberately unfinished. Its own first rule states the design philosophy: the principles should be durable; the methods should remain adaptable. Read it as a set of load-bearing walls with the room layouts still open.
π Working Document Link: Read or download the complete draft here: National Housing PBC Foundation Working Draft (Word Doc)
1. The founding premise
The idea is to use large pools of patient American capital, including pension and retirement money where the law allows, to finance the creation and preservation of affordable housing, and to pay investors a prudent, sustainable, long-term return for doing it.
The critical sentence is the economic thesis. The institution earns money because it creates, owns, improves, finances, and efficiently operates housing, not because residents have no alternative to rising rents and not because scarcity can be exploited. That single sentence is the difference between this and every entity in Part Three. Private equity earns from scarcity. This earns from supply.
2. The structure
The recommended parent is a Delaware Public Benefit Corporation, governed by Sections 361 through 368 of the Delaware General Corporation Law. Section 362 requires a specific public benefit to be written into the certificate of incorporation. Section 365 requires directors to balance shareholder financial interest against that public benefit and against the interests of those materially affected by the corporation's conduct. That balancing duty is the legal hook that makes a PBC something other than a normal corporation with a nice mission statement.
3. The public benefit
"To increase and preserve the permanent supply of safe, high-quality housing affordable to low- and middle-income households while generating sustainable long-term economic returns; to expand pathways to stable homeownership where appropriate; and to operate housing in a manner that resists displacement, speculative scarcity, predatory fee extraction, and deterioration of habitability."
4. The eight principles
Build and preserve housing, not trade it. Durable affordability, with a defined share of the portfolio held to income bands for long periods. Human habitability as an operating requirement, with deferred maintenance banned as a return strategy. Sustainable investor return, neither below-market discipline nor above-market extraction. No scarcity-based extraction. Reinvestment of a meaningful share of cash flow into more housing. Institutional continuity, so no founder, family, executive, investor, or political administration can unilaterally end the mission. Adaptable methods.
5. Mission permanence and anti-capture protections
The design objective is stated directly. A future buyer, activist investor, board majority, or executive team should not be able to convert the enterprise into a conventional rent-maximizing company through an ordinary control transaction. The draft stacks eight layers to prevent it: charter benefit, supermajority vote to amend, mission share class, independent mission steward, property-level deed covenants, transaction protections, annual public-benefit report, and sunlight on exceptions.
6. Governance and succession
The succession principle is that authority migrates from personality to rules. The illustrative board has eleven seats: three economic shareholder directors, two housing and finance independents, two public-benefit independents, one workforce representative, two resident or community seats, and one mission-steward representative.
7. The affordability schedule
The draft publishes a working portfolio standard by household income band, measured against Area Median Income (AMI):
| Household band | Target share | Role |
|---|---|---|
| At or below 50% AMI | 30% | Deeply affordable, subsidy-intensive |
| 50β60% AMI | 30% | Core affordable rental |
| 60β80% AMI | 20% | Workforce, moderate income |
| 80β100% AMI | 10% | Attainable workforce housing |
| Unrestricted, mixed income | 10% | Cross-subsidy and mixed communities |
8. Property-level permanence
"If the parent company were acquired fifty years from now, what protections would still remain attached to the homes?"
Every major development is to be judged against that question. The tools are deed restrictions and recorded affordability covenants, regulatory agreements, community land trust ownership, ground leases, and shared-equity resale restrictions.
9. Capital and investor principles
The capital rule is blunt: mission never excuses weak underwriting. Retirement money is accepted only through structures that satisfy fiduciary, securities, tax, and ERISA plan-asset rules. Patient capital first. No guaranteed returns. Prudent leverage. Transparent fees.
10. Compensation
Executive pay is split fifty-fifty between financial performance and verified public-benefit performance: homes built and preserved, affordability duration, resident rent burden, maintenance standards, resident stability, and homeownership transitions.
11. What it will not become
No displacement as strategy. No intentional speculative vacancy. No predatory mandatory fees. No habitability extraction. No mission-stripping sales of protected assets. No over-leverage that makes rent increases the debt-service plan.
12. The $1 billion illustration
A $1 billion development program does not need $1 billion of mission equity. The illustrative stack is 40% senior debt, 22.5% tax-credit equity, 20% pension/insurance preferred equity, 10% government/local gap financing or land, and only 7.5% ($75 million) of PBC common equity. That $1 billion produces roughly 2,000 deeply affordable rentals, 1,200 workforce rentals, and 500 restricted-ownership homes. 3,700 homes on $75 million of mission money.
13. The growth path
Six phases: Foundation ($5β10M), Proof ($25β50M), Institutional scale ($100β250M), The $1B program, National platform ($5β10B), and Public markets only when operating maturity supports it.
14 & 15. What is still open, and who has to check it
Fifteen foundational decisions remain open, from the final name to the founder transition timeline. Ten legal and technical workstreams are named, from Delaware corporate counsel through securities, ERISA, tax, real estate, public finance, audit, and housing economics.
Part Seven: How Regular People Use This
The framework was written at national scale because the problem is national. But the architecture is fractal. Every layer of it works at every size. Here is how to use it, depending on where you are standing.
Scale one: a neighborhood
Five to twenty people. A duplex, a fourplex, a small apartment building, or a vacant lot.
- Decide who the housing is for before you decide anything else. Write your public benefit paragraph.
- Form a public benefit corporation or a community land trust. The filing costs less than a month's rent.
- Put the mission in the charter and put an 80β90% supermajority behind it.
- Record the affordability restriction on the deed of the first property so it runs with the land.
- Adopt Section 11 as house rules. No speculative vacancy, no junk fees, no deferred maintenance.
- Publish a one-page scorecard every year.
- Raise money carefully following securities laws and prudent underwriting rules.
Scale two: a region
A town, a county, a metro. Twenty to two hundred participants.
Use everything in scale one, then add Sections 6, 7, 9, and 12. Build a real board with resident seats and an independent mission steward. Adopt an affordability schedule and pair mission equity with tax-credit equity and local gap financing.
Scale three: the nation
If you have institutional capital, a pension board seat, or state housing finance agency involvement, send the draft to your pension trustees. Ask why your retirement is invested in the landlord raising your children's rent, when it could be invested in the institution building their first home at a competitive return.
Closing
The market that made your kids believe they will never own a home did not fall from the sky. It was written, section by section, into charters, deeds, tax codes, and software. It was written to serve owners with short horizons and extractive goals, and it has delivered precisely what it was written to deliver.
We can write something else. The tools are the same. A corporation, a capital stack, a deed. The only difference is the purpose welded inside them and how hard we make that purpose to remove.
Housing is for the people who live in it. Every human being should have access to it. Any structure that says otherwise is not a law of nature. It is a draft. And drafts can be revised.
I am a piece of the collective essence of this world that never gives up and needs every other piece to be whole. Go build the building.
The National Housing PBC Foundational Framework, Working Draft 0.1, is available for public comment. Access the draft document here. It is not legal, tax, securities, ERISA, or investment advice, and nothing in this post is an offer of securities. Anyone forming a housing entity or raising capital should work with qualified counsel.
Sources: Harvard Joint Center for Housing Studies, The State of the Nation's Housing 2026 and America's Rental Housing 2026; National Association of Realtors, 2025 Profile of Home Buyers and Sellers; HUD, 2025 Annual Homelessness Assessment Report, Part 1; Congressional Research Service, Institutional Investors and Single-Family Housing (2026); Brookings Institution; U.S. Department of Justice and California Attorney General, RealPage litigation and settlements; In re RealPage Rental Software Antitrust Litigation (M.D. Tenn.); 21st Century ROAD to Housing Act, Title X, Sec. 1001, enacted July 11, 2026, and the Bipartisan Policy Center section-by-section summary of the final law; client analyses of the Act by Latham & Watkins, Mayer Brown, Goodwin, Baker Botts, Morgan Lewis, and Greenberg Traurig.