FHFA Revises Fannie, Freddie Multifamily Loan Caps to Stress Affordable Housing
Freddie Mac and Fannie Mae are capped at lending $100 billion each to multifamily construction through the fourth quarter of 2020.
September 16, 2019 at 11:20 AM
3 minute read
With little fanfare or formality, the Federal Housing Finance Agency radically changed how Fannie Mae and Freddie Mac will lend by revising the cap structure on their multifamily business.
The new multifamily loan purchase caps will be $100 billion for each government-sponsored enterprise, or GSE, for the five quarters through the fourth quarter of 2020. Also, the new caps apply to all multifamily business — in other words, no more exclusions are allowed.
"These new multifamily caps eliminate loopholes, provide ample support for the market without crowding out private capital and significantly increase affordable housing support over previous levels," FHFA Director Mark Calabria said in prepared remarks Friday. He also warned the GSEs need to make the capital last through all five quarters.
The new rules may be a blow to developers that were counting on the GSEs to exclude green loans from their caps: Going forward, loans that finance energy and water efficiency improvements will be considered conventional business unless they meet affordability requirements. The FHFA has put affordability front and center in the agencies' new mission, seemingly crowding out at least in part green lending.
Under the new directive, FHFA requires that at least 37.5% of the GSEs' multifamily business be affordable housing.
It was in 2014 when the FHFA began setting caps on the GSEs' conventional multifamily lending, excluding several categories of businesses from their cap. By 2016, loans that financed some energy and water efficiency improvements were added to the list.
By mandating the 37.5% minimum for affordable housing and eliminating caps, green loans will likely feel the pinch.
Critics maintained the cap exclusions were extending the reach of the GSEs by allowing them to underwrite more loans than the spirit of the regulations permitted, and the Trump administration proposal reinforced the point.
"In part because of these broad exemptions, the caps have not been effective in limiting the GSEs' multifamily footprint. The GSEs have grown from owning or guaranteeing 25% of outstanding multifamily debt in early 2008 to almost 40% today," the proposal said.
The administration offered a plan to privatize Fannie Mae and Freddie Mac earlier this month. Many of the outlined points required congressional action, but the plan included administrative steps that could be taken immediately. The multifamily change is the first notable move.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFowler White Burnett Opens Jacksonville Office Focused on Transportation Practice
3 minute readHow Much Coverage Do You Really Have? Valuation and Loss Settlement Provisions in Commercial Property Policies
10 minute readThe Importance of 'Speaking Up' Regarding Lease Renewal Deadlines for Commercial Tenants and Landlords
6 minute readMeet the Attorneys—and Little Known Law—Behind $20M Miami Dispute
Trending Stories
- 1Courts, Lawyers Press On With Business as SoCal Wildfires Rage
- 2Florida, a Political Epicenter, Is the Site of Brownstein Hyatt's 13th Office
- 3Law Firms Close Southern California Offices Amid Devastating Wildfires
- 4Lawsuit alleges racial and gender discrimination led to an Air Force contractor's death at California airfield
- 5Holland & Knight Picks Up 8 Private Wealth Lawyers in Los Angeles
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250