
The ROAD Act’s Dirty Little Secret: We’re Solving the Wrong Problem
Congress just restricted big investors from buying homes, but forgot to ask why housing is actually unaffordable (spoiler: it’s not because of institutional investors)
Picture this: Your house is on fire. Not a little kitchen fire—we’re talking full-blown, flames-shooting-out-the-windows inferno. The fire department shows up, surveys the situation, and decides the best course of action is to… reorganize your garden gnomes. That’s essentially what Congress just did with the 21st Century ROAD to Housing Act. They identified a housing crisis, grabbed their legislative fire hoses, and aimed them at a problem that represents roughly 2-3% of the actual issue. But hey, at least they did something, right?
The ROAD Act became law on July 11, 2026, after President Trump gave it the silent treatment until it automatically became law without his signature. The centerpiece of this legislation is restrictions on institutional investors who own more than 30 single-family rental homes. It sounds tough. It sounds like Congress is finally standing up to Wall Street and protecting the little guy. It sounds great—until you actually look at the data and realize we’re essentially rearranging deck chairs on the Titanic while arguing about whether institutional investors should be allowed to own the shuffleboard equipment.
The Real Culprits Behind Unaffordable Housing (Hint: It’s Not BlackRock)
Let’s get uncomfortable for a minute and talk about what’s actually making housing unaffordable in America. Spoiler alert: it’s not primarily because investment firms are buying up all the houses.
Zoning Laws Are the Real Villain: The single biggest factor in housing unaffordability is restrictive zoning that prevents building enough housing where people actually want to live. Cities and suburbs across America have spent decades perfecting the art of saying “no” to new housing development. Single-family-only zoning, minimum lot sizes, parking requirements, height restrictions, setback requirements—it’s a greatest hits album of ways to ensure housing stays scarce and expensive.
The ROAD Act does include incentives for zoning reform, which is genuinely good. But here’s the problem: they’re incentives, not requirements. Local governments can simply decline the federal money if they decide maintaining their exclusionary zoning is more important. And guess what? In many wealthy suburbs, that’s exactly what they’ll do. Current homeowners—who vote reliably in local elections—generally like their home values high and their neighborhoods unchanging. The aspiring homeowners who would benefit from zoning reform often don’t even live in the jurisdiction yet, so they can’t vote on these issues.
Construction Costs Have Exploded: Building a house costs dramatically more than it did a decade ago. Labor shortages, supply chain disruptions, increased material costs, and ever-more-complex building codes have all contributed to skyrocketing construction expenses. When it costs $300,000 just to build a modest home (not including land), affordability becomes mathematically challenging regardless of who’s buying the finished product.
We’re Not Building Enough Housing, Period: America has been underbuilding housing for years, creating a massive supply shortage. We need millions of new housing units just to catch up with demand, let alone get ahead of it. Restricting who can buy the limited existing housing doesn’t create more housing—it just shuffles the deck chairs.
Geographic Mismatch: There’s plenty of affordable housing in America—it’s just not where the jobs are. You can buy a house for under $100,000 in dozens of American cities. The problem is that those cities don’t have the economic opportunities that coastal metros offer. We have a housing affordability crisis in specific markets, not a nationwide shortage of cheap houses in general.
Institutional investors have certainly had an impact in specific markets, particularly Sun Belt cities where they concentrated their buying after 2008. In some neighborhoods, their presence has been significant and has contributed to price increases and reduced homeownership opportunities. But even in those markets, they represent a fraction of total ownership. Restricting their future purchases doesn’t address the fundamental supply-demand imbalance that’s driving prices up.
What the ROAD Act Gets Right (Yes, There’s Some Good Stuff)
Before we get too cynical—and trust me, I could go on for days—let’s acknowledge what the ROAD Act actually does well.
Manufactured Housing Reforms: Section 901’s provisions for manufactured housing are genuinely helpful. Manufactured homes have been strangled by outdated regulations and stigma for decades, despite being one of the most affordable housing options available. The cost savings and regulatory streamlining in this area could actually help increase the supply of affordable housing. This is the part of the bill that might make a real difference for people who need it most.
Zoning Reform Incentives: While they’re not mandatory, the incentives for local zoning reform are a step in the right direction. Some progressive cities and states will take advantage of this funding to implement real changes. It won’t be universal, and it won’t be quick, but it’s better than nothing. Think of it as planting seeds that might grow into something useful in five or ten years.
Regulatory Barrier Reduction: Anything that streamlines the labyrinthine process of developing new housing is welcome. The bill includes various provisions aimed at cutting red tape and reducing the timeline from “we want to build housing here” to “people are actually living in housing here.” In an industry where projects can be delayed for years by bureaucratic processes, this matters.
Bipartisan Achievement: In an era of political polarization, the fact that Congress passed any housing legislation with bipartisan support is noteworthy. It demonstrates that housing affordability is recognized as a real problem across the political spectrum. That’s not nothing, even if the solution is incomplete.
The problem isn’t that these provisions are bad—it’s that they’re insufficient to address the scale of the crisis. It’s like bringing a Super Soaker to fight that house fire we mentioned earlier. Sure, it’s technically water, and water does put out fires, but the scale is all wrong.
The Uncomfortable Truth About Housing Policy
Here’s what nobody in Congress wants to say out loud: fixing housing affordability requires making some people unhappy. Specifically, it requires making current homeowners accept that their home values might not increase as rapidly, that their neighborhoods might become denser, and that change is coming whether they like it or not.
The ROAD Act’s focus on restricting institutional investors is politically popular because it creates a villain—faceless corporations—that everyone can agree to dislike. It’s much easier to pass a law restricting BlackRock than to tell suburban homeowners that their single-family zoning is the problem. It’s easier to limit investor purchases than to reform the mortgage interest deduction that disproportionately benefits wealthy homeowners. It’s easier to restrict corporate buyers than to overhaul the local development approval process that allows small groups of NIMBYs to block new housing projects.
Real housing reform would require fundamental changes to how we regulate land use in America. It would require shifting power away from local governments that have proven unwilling or unable to permit sufficient housing. It would require accepting that neighborhoods change, that density isn’t inherently bad, and that we can’t preserve 1950s suburban development patterns while also expecting housing to remain affordable for new generations.
The ROAD Act doesn’t do any of that heavy lifting. It takes a relatively easy shot at a convenient target while leaving the hard problems largely untouched. And that’s why, despite becoming law, it’s unlikely to significantly move the needle on housing affordability.
What This Means for the Mortgage Industry
For mortgage professionals, the ROAD Act represents business as usual with minor variations. You’ll still be working in markets where supply is tight and prices are high. You’ll still be explaining to buyers why they need to offer over asking price and waive contingencies. You’ll still be watching your investor clients structure their businesses in whatever way makes sense under the current regulatory framework—which now includes staying under 30 properties per entity.
The real opportunity might be in manufactured housing, where the regulatory improvements could open up new market segments. If you’ve been ignoring manufactured housing as a niche product, the ROAD Act might be your signal to take another look.
The bigger picture is that housing affordability will remain a challenge for the foreseeable future. The ROAD Act is a political response to a real crisis, but it’s not a comprehensive solution. Real solutions would require politically difficult choices that Congress has shown little appetite for making. Until we’re willing to tackle zoning reform at scale, streamline development processes, and accept that we need to build millions of new housing units in places where people actually want to live, affordability will remain elusive.
So welcome to the post-ROAD Act world. It looks suspiciously similar to the pre-ROAD Act world, just with more LLCs and slightly better prospects for manufactured housing. The crisis continues, the market adapts, and we all keep doing our jobs in an industry that remains as challenging and essential as ever.
At least Congress tried. That’s worth something, right? Right?
