Washington, D.C. – During National Affordable Housing Month, a bipartisan coalition of lawmakers led by Rep. Kevin Mullin (CA-15) introduced the Empty Lots to Housing Act. The bill aims to ease America’s severe housing crisis by spurring construction of transit-oriented housing development that includes affordable units. 

Families across America are facing challenges as the housing market is short 4.9 million homes, while one in four renters spends more than half of their income on rent. One way to help tackle America’s housing crisis is repurposing underused land to build new homes – especially in areas near high-quality and accessible public transit. Throughout the United States, there are an estimated 276,000 acres of government-owned land in transit-rich urban areas that could be repurposed for much-needed housing. Local governments often seek to leverage publicly owned land to create affordable housing, yet many face regulatory barriers on parcels that were previously purchased with federal funds. 

The Empty Lots to Housing Act would help cut bureaucratic red tape that has prevented local communities from developing housing on land previously acquired with funds from the Federal Highway Administration (FHWA) that is no longer needed for its original purpose. In 2021, the Federal Transit Administration was granted this authority, and now lawmakers are seeking to provide the FHWA with parallel authority.  

“Families across America are experiencing the detrimental effects of America’s housing shortage. We know this crisis all too well here in the Bay Area, where we have huge discrepancies in wealth, and the amount of land available for redevelopment is extremely limited,” said Rep. Kevin Mullin (CA-15). “It is reassuring to see bipartisan support for my Empty Lots to Housing Act. This bill would remove unnecessary hurdles and empower local governments that are striving to create much-needed housing in walkable communities with great access to public transit.” 

Rep. Mullin was inspired to author this legislation by a real-world case in the San Francisco Bay Area, where the San Mateo County Transit Authority (SamTrans) is seeking to redevelop an underused parking lot into transit-oriented housing. But the agency has faced regulatory barriers due to the site having been originally purchased with grant funding from FHWA, which is currently unable to easily allow grantees to repurpose property for housing development. By introducing the Empty Lots to Housing Act, Rep. Mullin seeks to ease similar challenges for communities across America. 

“Congressman Mullin has been a steadfast advocate for cutting through red tape to make housing development more accessible on publicly-owned land near transit,” said SamTrans General Manager/CEO April Chan. “We’re grateful for his strong leadership and commitment to real solutions.” 

Specifically, this bill would: 

• Enable state and local governments to transfer underutilized properties that were purchased with FHWA funds to nonprofits or other qualified organizations to build housing near public transit 

• Require at least 40 percent of the housing units to be set aside for those earning up to 60 percent of the area median income, of which at least 20 percent would be reserved for very-low income families earning up to 30 percent of the area median income 

“Part of solving our nation’s housing crisis means using the land we already have, especially near public transit hubs, to build homes people actually need,” said Rep. Robert Garcia (D-CA-42). “The bipartisan Empty Lots to Housing Act cuts through outdated red tape that’s held up progress for too long and helps create neighborhoods where families can afford to live and get around easily. As co-chair of the YIMBY Caucus, I’m proud to support this straightforward, commonsense fix we desperately need.” 

“One of the biggest obstacles to housing growth is space, which is why finding ways to repurpose unused land is a great way to address housing shortages,” said Rep. Chuck Edwards (R-NC-11). “Federal law is currently getting in the way of efficient housing growth by forcing prime real estate, near highways and public transportation, to sit vacant simply because of the money that was used to purchase the land. The Empty Lots to Housing Act will fix that problem by allowing state and local governments to transfer vacant properties purchased by FHWA money to qualified entities to build housing in these desirable, transit-accessible areas. It’s a win, win for economic and population growth.” 

The bill has been endorsed by YIMBY Action, Up for Growth, American Planning Association, National Association of Realtors, and Grounded Solutions Network, Parking Reform Network, and Asian Real Estate Association of America. 

“Addressing the nation’s housing supply and affordability crisis demands smart policy solutions that build effective partnerships with local communities,” said Sue Schwartz, FAICP, President, American Planning Association. “The Empty Lots to Housing Act ensures that federal transit investments are fully leveraged to meet local needs. The American Planning Association supports this measure to give local agencies the authority they need to meet the moment, advance housing plans, and turn well-located, underused public assets into housing solutions.” 

The full text of the bill can be found here. 

The Empty Lots to Housing Act is cosponsored by Representatives Chuck Edwards (NC-11), Brian Fitzpatrick (PA-01), Robert Garcia (CA-42), Scott Peters (CA-50), and Shri Thanedar (MI-13).  

###