EP#78 Richard Ross & Mike Kingsella | The Bizarre Push To Kill Build-To-Rent
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A seismic policy shift in Washington, D.C., is threatening to collapse the build-to-rent (BTR) housing market—a sector that has quietly added 50,000 new rental units annually—by mandating that developers with more than 350 units sell their properties within seven years. This provision, tucked into the 21st Century Road to Housing Act, has already frozen capital flows, halted construction, and created a crisis of uncertainty across the industry. The legislation, pushed by Senator Elizabeth Warren and backed by a bipartisan majority, targets BTR and single-family rentals under the false premise that institutional investors are crowding out homeowners. But as Richard Ross of Quinn Residences reveals, the real victims are families who need affordable, family-sized rental homes—especially those who can’t afford down payments or credit hurdles. The policy is not only regressive but economically nonsensical: it ignores that BTR developers are not home builders, that townhomes are not easily convertible to condos, and that forcing evictions after seven years would displace renters who rely on these communities. Meanwhile, Senator Brian Schatz’s powerful floor speech exposed the bill’s absurdity, calling it 'positively Soviet'—a damning indictment of a law that punishes supply creation. With the House now holding the bill, and a growing coalition of pro-housing advocates pushing back, the outcome could redefine America’s housing future. The stakes?
The 7-year disposition rule in Section 901 of the Road to Housing Act will freeze BTR development by making 10-year financing incompatible with forced sales.
BTR developers are not home builders—converting rental communities to condos is economically and logistically impossible for most projects.
One-third of BTR residents are renters by choice, valuing flexibility and maintenance-free living, not homeownership.
The legislation creates a 'regressive policy' that targets renters who can't afford down payments, despite their need for affordable housing.
Even if the bill is altered, uncertainty will persist for months or years, deterring capital from entering the market.
…and 3 more takeaways available in PodZeus
The BTR Market Is Frozen by a Single Law
“The BTR pipeline is pretty much shut down. And again, that's about 50,000 units per year.”
How the Senate Bill Hijacked Pro-Housing Progress
Parsons traces the origin of the controversial Section 901 to a presidential tweet calling for a ban on 'big investors' buying homes. Though initially exempted, BTR was later included by Senator Elizabeth Warren, who attached it to a pro-housing bill. The result? A bill that reduces supply instead of increasing it.
Senator Schatz’s Floor Speech: A Wake-Up Call
“This is positively Soviet. Like, it is arbitrary. We have decided... Owning is good. Renting is bad. We have decided triplexes are fine, duplexes are not.”
Why the Seven-Year Rule Is a Development Killer
“If you put a seven-year clock, it takes about three years to develop and stabilize a community. So now you have four years left and maybe I do have a five-year loan or a 10-year loan. So that's an issue.”
The Myth of the 'For Sale' Switch
Ross dismantles the idea that BTR developers could simply switch to building for-sale homes. The product, financing, zoning, and design are all fundamentally different. A single-parcel BTR community cannot be converted into condos without massive legal and financial hurdles.
“This is positively Soviet. Like, it is arbitrary. We have decided... Owning is good. Renting is bad. We have decided triplexes are fine, duplexes are not.”
“Congress is wading into issues pertaining to land use, to zoning, to capital markets, to tax treatment, even in the case of this, a de facto federal ban and forced sell requirement for a very specific multifamily asset class.”
“the BTR pipeline is pretty much shut down. And again, that's about 50 ,000 units per”
Host
Guests
Richard Ross
person
Elizabeth Warren
person
Jay Parsons
person
21st Century Road to Housing Act
other
Quinn Residences
organization
Mike Kingsella
person
Up for Growth
organization
Brian Schatz
person
John Burns Research and Consulting
organization
Funnel
organization
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