Marin City, The Canal and Beyond: American Housing Justice Act | Gregory Burgess · CA-2
120th Congress · H.R. ____ · CA-2 Signature Bill · 7 Titles

Marin City, The Canal and Beyond: American Housing Justice Act Rent Payments Are Proof You Can Own.

Years of on-time rent prove you're responsible — but right now that history counts for nothing toward owning a home. This bill changes that. It turns rent into equity, builds community land trusts for lasting affordability, and starts right here in Marin City and The Canal. No eminent domain. Completely voluntary. Every seller protected.

2
CA-2 pilot communities
$75M
Phase I funding (Years 1–5)
15 yr
Path to 100% equity
99 yr
Affordability guarantee in CLTs
$0
Eminent domain — ever
↓ Read the bill
★ Title I, Secs. 102–103: The Two Pilot Sites

Two Neighborhoods. Two Histories. One Framework.

The bill starts in two specific communities within CA-2 — named in the law by name and geographic description. These aren't chosen at random. Both communities share a history of systematic exclusion from the wealth-building tools that homeownership provides. Congress found this directly (Sec. 3a).

Primary Pilot · Sec. 102
★ Marin City, California
Marin City
Historically Black shipyard community, Marin County
Built during World War II to house shipyard workers — predominantly Black families who were systematically excluded from Federal homeownership programs afterward
Prevent displacement through voluntary acquisition before speculative buyers arrive
Develop community land trusts with resident governance and 99-year affordability
Create rent-to-ownership pathways that recognize the rent history of long-time residents
Preserve cultural heritage of a community that built the ships that won World War II
Environmental sustainability in all rehabilitation work
Secondary Pilot · Sec. 103
★ The Canal District, San Rafael
The Canal
Bounded by Hwy 101, San Rafael Canal, Francisco Blvd.
Predominantly Latino immigrant community in San Rafael facing displacement, overcrowding, and similar historic barriers to homeownership
Prevent displacement of immigrant families through voluntary property acquisition from willing sellers
Address overcrowded housing through rehabilitation and new unit creation
Community land trust with multilingual capacity — all materials in residents' primary languages
Rent-to-ownership pathways with multilingual outreach at every stage
Flood resilience built into all rehabilitation projects
Congress finds (Sec. 3a) that Marin City is "a historically Black shipyard community systematically excluded from Federal homeownership programs" and The Canal is "a predominantly Latino immigrant community facing similar barriers." Running both pilots simultaneously enables comparison across different demographic populations — so what works becomes clear before any nationwide expansion (Sec. 103c). Concurrent operation — not sequential — is built into the design.
★ Title III, Sec. 302: The Earned Equity Formula

15–30% of Every On-Time Rent Payment Becomes Your Equity.

Here's the core idea: when you pay rent on time, a portion of that payment — 15 to 30 percent — gets credited to you as equity in the property. Not as a cash payment, not as a voucher — as real ownership stake in the home you're living in.

The percentage is higher for households at or below 30% of area median income — the lowest-income families earn equity faster. Over a maximum of 15 years, a participating household can accumulate 100 percent of the benchmark home value — full ownership, fully earned.

Every three months, participants receive a statement showing their benchmark home value, credits accumulated, remaining amount needed, projected completion date, and compliance status. No surprises. Total transparency. Credits are also portable within the pilot area for households in good standing — you don't lose your equity if you move to another property in the program.

Partial credit is available for pre-acquisition rent history if it can be verified — so long-term residents who were there before the program starts don't lose the years they've already demonstrated.

The bill is explicit that this is not a government handout. Accumulated credits represent "recognition of demonstrated responsibility, not entitlement" (Sec. 303b). This is earned ownership — the same way a mortgage works, except the currency is consistent tenancy rather than a down payment you may not have.

★ Equity Accumulation Over 15 Years — Illustrative
Yr 1
~15%
15–30% of each on-time payment credited
Yr 3
~30%
Quarterly statements track progress
Yr 7
~50%
Revolving fund cash-flow positive by Year 7
Yr 12
~75%
Credits portable within pilot area
Yr 15
100% — Your Home
Full benchmark value accumulated — ownership complete
★ The Benchmark Formula — Sec. 302(a) & 302(b)
Benchmark Home Value = (Acquisition Price − Subsidies + Rehabilitation Costs) ÷ Number of Units
Equity credit rate: 15–30% of qualifying rent payments, higher for ≤30% AMI households
Maximum accumulation: 100% of benchmark value over not more than 15 years
Partial credit: Pre-acquisition rent history credited if verifiable documentation exists
Quarterly statements in plain language showing every number — no hidden math
★ Sec. 101(c): Phased Implementation — Prove It First, Then Expand

Three Phases. No Expansion Until It Works.

The bill is designed around the "Show Your Work" principle. Phase III expansion — which adds 5,000 units and $200 million — cannot happen until the GAO certifies success in both pilot sites. Every phase is gated by evidence, not by political preference.

Phase I
I
Years 1–5 · Active Pilots
Dual pilot in Marin City and The Canal operating simultaneously
Maximum 300 units total (100 minimum per pilot area)
HUD regulations issued within 18 months through full notice-and-comment
Administrator conducts interim progress review at Year 3
40% of rehab contracts to local businesses; 25% of labor hours by pilot area residents
Annual reports to Congress on every metric
$75M
$15M/year · Years 1–5
Phase II
II
Years 5–7 · Evaluation Only
No new acquisitions. No new commitments. Evaluation only.
GAO conducts independent evaluations at Years 5 and 7 — both required before certification
All nine success metrics must be achieved in BOTH pilot areas simultaneously
Administrator certifies success only if GAO concurs — not unilaterally
Dynamic impact assessment: property tax effects, wealth accumulation, voucher savings, multiplier effects
If metrics not met, no Phase III. Program evaluated, amended, or ended.
$0
No new appropriations during evaluation
Phase III (Contingent)
III
Years 7–10 · Expansion if Certified
Contingent authority: zero expansion without certified pilot success from GAO + Administrator
Maximum 5,000 additional units nationwide — hard cap written into statute
Expansion communities must meet five objective criteria: housing burden >30% for 40% of renters, documented discrimination history, population 2,500–25,000, local government support, CLT capacity
Rural CA-2 communities in Humboldt, Mendocino, Del Norte specifically eligible for technical assistance
15-year sunset — no new acquisitions after 15 years from enactment
$200M
Contingent on certified success only
★ Sec. 104: Nine Required Success Metrics — ALL Must Be Met in BOTH Sites

The Bill Defines Exactly What Success Means.

This is rare in federal legislation: specific, measurable, mandatory success thresholds written into the statute. The pilot is not "deemed successful" by the Administrator's judgment — it must meet all nine metrics in both pilot areas simultaneously and receive independent GAO certification. Miss one metric in one community and Phase III cannot proceed.

85%
Rent Payment Compliance
At least 85% of program participants must maintain on-time rent payment records throughout the measurement period in both Marin City and The Canal.
80%
Employment / Income Stability
At least 80% of participating households must demonstrate stable employment, self-employment, or verifiable legitimate income throughout the program period.
90%
Displacement Prevention
At least 90% of existing tenants in good standing must remain housed in the pilot area — preventing the very displacement the program was designed to stop.
60%
Ownership Conversion Rate
At least 60% of eligible program participants must successfully convert to homeownership through the earned equity pathway within the pilot period.
90%
Property Condition Maintained
At least 90% of program properties must maintain their condition standards through annual inspections — protecting the public investment and the community.
110%
Within Budget
Total program costs must stay within 110 percent of the original budget projection — a built-in tolerance that still requires real fiscal discipline.
Yr 7
Revolving Fund Cash Flow
The revolving fund must reach positive cash flow by Year 7 — meaning loan repayments and shared equity returns are self-sustaining, not dependent on continued federal appropriations.
0%
Crime Rate Increase
No increase in crime rates in pilot areas relative to comparable neighboring areas. The program must not harm public safety — a baseline protection for existing community members.
70%
Community Satisfaction
At least 70 percent positive satisfaction among program participants and community members, measured through independent survey — because success must be felt, not just counted.
★ All Nine · Both Sites · GAO Must Concur — No Exceptions (Sec. 104d)
The Administrator shall certify pilot success ONLY if all metrics are achieved and GAO concurs. Not eight of nine. Not all nine in one site. All nine in both Marin City and The Canal simultaneously — or there is no Phase III expansion. This is the "Show Your Work" standard written into law. The evaluation window is Years 5 and 7, with an interim progress review at Year 3 to identify problems early enough to fix them.
★ Secs. 201, 503: Voluntary Acquisition — The Absolute Rules

Willing Sellers Only. No Eminent Domain. Ever.

The bill contains one of the strongest eminent domain prohibitions ever written into housing legislation. Section 503 says: "Notwithstanding any other provision of law, no property shall be acquired under this Act through the exercise of eminent domain." The Administrator shall not use or even threaten condemnation powers.

Every acquisition must be a voluntary negotiation with a willing seller at fair market value. Three protections make this real: at least two independent appraisals from licensed appraisers who have had no federal relationship within the past five years; the government cannot pay more than the average of those two appraisals; and sellers have a 60-day cooling-off period with the right to rescind at any point before closing.

Sellers also receive free independent legal counsel — paid for by the government — so no property owner is negotiating alone against a federal agency. And every transaction must be in the seller's primary language.

If properties need temporary rehabilitation work that requires tenants to relocate, residents get comparable temporary housing at no additional cost, relocation assistance under the Uniform Relocation Act, and a legal right of return to a comparable unit at the same affordable rent. Section 8 voucher holders retain all their eligibility.

🚫
No Eminent Domain — Explicit Prohibition (Sec. 503)
"Notwithstanding any other provision of law" — the strongest possible legal language. The Administrator cannot use or even threaten condemnation. Any transaction must be solely through voluntary negotiation at fair market value. This is written three times in the bill for emphasis.
📋
Two Independent Appraisals · Government Pays Neither More (Sec. 202)
At least two licensed appraisers with no federal relationship within 5 years. The Federal Government pays no more than the average of both appraisals. Sellers are informed in writing of their absolute right to refuse at any point — no pressure, no implied threat.
⏱️
60-Day Cooling Off · Free Legal Counsel · Plain Language (Sec. 202c)
Every seller gets: a 60-day waiting period with right to rescind at any moment; independent legal counsel at government expense; plain-language summary in their primary language; and 20-year documentation retention available for public inspection.
🏠
Right of Return for Tenants (Sec. 204)
If temporary relocation is required during rehabilitation: comparable housing at no additional cost, relocation assistance, and a legal right of return to a comparable unit at affordable rent. Retaliation against tenants for program participation is unlawful with private rights of action.
🔒
Immigration Status Protected (Sec. 506e)
The bill's privacy safeguards include an explicit provision: immigration status information is not shared with enforcement agencies. Canal district residents can participate without fear that doing so creates any immigration risk. Inspections limited to health and safety only, with 72-hour notice required.
★ Sec. 203: Community Land Trusts — Making Affordability Permanent

Once Affordable, Always Affordable. 99 Years.

Here's the problem with most affordable housing: it's affordable for a while, then the affordability restriction expires and rents go up. The community builds stability, then gets priced out anyway.

Community Land Trusts fix this by separating the land from the structure. The CLT holds the land permanently in trust for community benefit — with a 99-year affordability covenant. The building can be sold, rehabilitated, or transferred, but the land it sits on remains permanently dedicated to affordable housing.

The bill requires that public interest entities receiving properties maintain at least one-third resident board members — so the people who actually live in the community have real governance power, not just advisory roles. Entities are subject to annual audits, must maintain adequate reserves, and face clawback provisions if they violate their commitments.

The shared equity resale restriction keeps homes accessible for the next generation too. When a homeowner sells within 15 years, they keep their base equity plus 50% of the appreciation. The other 50% of appreciation returns to the CLT — so the next buyer faces a formula-restricted price, not full market value. The wealth builds for the seller; the affordability rebuilds for the buyer.

99-Year Affordability Covenant (Sec. 203b1)
Properties transferred to community land trusts must maintain affordability for 99 years — not a temporary restriction that expires. When federal money builds affordable housing, it stays affordable housing. No loophole, no opt-out after a decade.
At Least 1/3 Resident Board Members (Sec. 203b2)
The people who live in the community must have real power over decisions about it. At minimum one-third of each CLT's board must be residents — not neighbors, not advocates, not appointees. People who wake up in the community every morning.
Forms of Ownership (Sec. 301d)
Ownership isn't one-size-fits-all. The bill authorizes: fee-simple with shared equity, limited-equity cooperative membership, long-term CLT leasehold, or other approved forms that provide a stable, inheritable ownership interest. Spouses and dependents can inherit the ownership upon death.
Annual Audits · Adequate Reserves · Clawback (Sec. 203b4–6)
Every CLT receiving federal property is subject to annual independent audits, must maintain adequate operating reserves, and faces enforceable clawback provisions if they violate commitments. The federal investment is protected — not handed over without accountability.
★ Shared Equity Resale Formula — Sec. 305
When a homeowner sells within 15 years: they keep their base equity plus 50% of the appreciation. The other 50% of appreciation returns to the CLT, which uses it to keep the resale price formula-restricted for the next buyer. The homeowner builds real wealth; the community keeps the housing affordable. Resales restricted to income-eligible households or the CLT at the formula price — no flipping to full market speculators.
★ Title III, Secs. 303–304: Participant Rights & Hardship Protections

Responsibilities Are Real. So Are the Protections.

The earned equity program is structured around real responsibility — on-time payments, stable employment, maintained housing, completed financial literacy courses. But the bill also anticipates that life happens. Hardship provisions make sure a job loss or medical emergency doesn't permanently destroy years of built-up equity.

📅
What "On Time" Means (Sec. 303a1)
Rent is considered on-time if paid within 5 days of the due date — a realistic grace period that reflects how most people actually live, not a trap designed to cause failures. The goal is to reward consistent responsibility, not punish a single late day.
📚
Financial Literacy Required (Sec. 303a6)
Participants must complete financial literacy and homeownership preparation courses as part of the program. This is not a punishment — it's the preparation that most first-time homebuyers are never given. Understanding mortgages, maintenance costs, and long-term planning before you close.
⚠️
Graduated Consequences — Not Instant Loss (Sec. 303c)
First violation: written notice, 30 days to fix it. Second violation: 60-day probation with counseling. Third violation: 50% credit reduction for 6 months only. Repeated pattern: termination with 6-month re-enrollment bar — not permanent exclusion. Every stage includes a right to appeal before a neutral decision-maker.
🏥
Hardship Protection — 12 Months (Sec. 304)
For job loss, illness, or documented hardship: credits suspended but NOT forfeited for up to 12 months. Modified payment arrangements available. Connection to job training and social services. Medical documentation stays confidential. You don't lose what you've earned because life got hard.
💳
SSI Voluntary Equity Option (Sec. 404)
SSI recipients can voluntarily contribute toward accelerated equity. Those contributions are not treated as income or resources for SSI calculations — so contributing doesn't reduce SSI benefits. Contributions are fully refundable upon withdrawal and protected from creditors. Program matches up to $1 for $1.
📄
Retaliation Prohibited — Private Right to Sue (Sec. 204d–e)
It is unlawful to evict, threaten, or impose arbitrary rent increases in retaliation for program participation or for exercising rights under this Act. Tenants harmed by retaliation have a private right of action for actual damages, injunctive relief, and attorneys' fees.
★ Title IV: Funding, Matching & Fiscal Safeguards

~$325M Over 10 Years. Fully Gated. Revolving.

The total authorization is approximately $325 million over 10 years — but only if the pilots succeed. Phase III funding is contingent, not guaranteed. States and localities put in 25% match. Revolving fund loan repayments and shared equity returns make the program self-sustaining over time.

Phase / ProgramAmountCondition
Phase I — Dual Pilot (Sec. 401a1)$75M total$15M/yr, Years 1–5
Phase II — Evaluation (Sec. 401a2)$0No new appropriations
Phase III — Expansion (Sec. 401a3)$200MContingent on certified success
Technical Assistance (Sec. 401a4)$5M/yrThrough 2040, rural CA-2 included
Total Authorization (approx.)~$325MOver 10 years
★ Local Economic Impact Requirements (Sec. 402c)
Not less than 40 percent of rehabilitation contracts must go to local businesses. Not less than 25 percent of labor hours must be performed by residents of the pilot areas themselves. Federal investment creates local jobs in the communities it's meant to serve — not just federal contractor work.
★ Coordination with Existing Programs (Sec. 405)
Coordinates with Section 8 Housing Choice Vouchers, public housing, FHA, Fannie Mae, Freddie Mac, HOME Investment Partnerships, Housing Trust Fund, LIHTC, CDBG, and climate resilience programs. Supplements existing programs — does not replace them.
25%
State / local / private match required
States and localities must put in 25% match. For exceptional hardship areas, the match is reduced to 10% — the most vulnerable communities need the most help, not the most matching burden.
110%
Per-unit cost cap — acquisition + rehab
Average acquisition plus rehabilitation cost per unit shall not exceed 110% of area median home price. Prevents overpaying. Protects the public investment from inflated acquisition costs.
10%
Federal administration cap (12% for entities)
Not more than 10% of appropriated amounts may go to federal administration costs. Public interest entities capped at 12%. The money is for housing, not overhead.
15 yr
Sunset — no new acquisitions after 15 years
All acquisition authority expires 15 years from enactment. Unobligated funds not spent within 5 years return to Treasury. Program must prove itself before sunset or it ends.
Inspector General · HUD IG Oversight (Sec. 506)
Annual audits of all acquisitions, expenditures, tenant protections, CLT administration, and eminent domain prohibition compliance. Annual reports to Congress on waste, fraud, and abuse. Full Whistleblower Protection Act coverage for anyone who reports violations.
Scores (Fiscal Summary)
93
/100 Constitutional
91
/100 Fiscal
92
/100 Combined
97
/100 CA-2 Impact
★ Titles VI–VII: Constitutional Safeguards

Eight Legal Protections Written Into the Law.

Title VI is dedicated entirely to constitutional safeguards. Each protection below is an enforceable legal provision — not a policy preference. Courts apply de novo review (no deference to HUD) under Loper Bright Enterprises v. Raimondo (2024).

🤝
Fully Voluntary — All Participants (Sec. 502)
Participation voluntary for all States, localities, property owners, and tenants. No penalty for non-participation. Any State may decline without consequence to any other Federal funding. No tenant required to participate as a condition of continued tenancy.
🚫
No Eminent Domain — Three Times Stated (Sec. 503)
"Notwithstanding any other provision of law" — the hardest possible prohibition. Cannot use it. Cannot threaten it. Cannot imply it. Section 201 reinforces this. Section 503 states it explicitly. This is not ambiguous legislative language.
⚖️
Loper Bright De Novo Review (Sec. 510b)
Courts shall not defer to HUD's interpretation of this law — consistent with Loper Bright Enterprises v. Raimondo (2024). Ambiguity resolved against the agency and in favor of narrower interpretation. Agencies can only do what Congress explicitly authorized.
🔒
Fourth Amendment — Privacy (Sec. 513)
No search without warrant. 30-day subpoena notice. Agencies collect only minimum necessary data. 7-year retention maximum. Privacy violations give tenants the right to sue for actual damages or $1,000 minimum, plus up to $10,000 punitive for willful violations.
📜
Tenth Amendment — States Fully Protected (Sec. 514)
Reserved powers explicitly acknowledged. Programs enacted solely under enumerated federal powers. Any State may decline without consequence to any other federal funding or benefits. Nothing preempts state or local housing law except where directly inconsistent.
📊
Major Questions Doctrine (Sec. 511)
Congress expressly authorizes every significant action in this bill. No authority implied from purposes, ambiguous language, or agency expertise. Actions affecting more than $1 billion annually require subsequent Congressional authorization — the major questions are not delegated to HUD.
✂️
Two-for-One Regulatory Rule (Sec. 701)
For every new regulatory requirement, HUD must eliminate two existing requirements of equal or greater burden. Total regulatory costs cannot exceed costs eliminated. This bill cannot become a vehicle for regulatory expansion beyond its explicit authorization.
🏛️
No New Agencies · Personnel Cap (Sec. 702)
No new federal agencies created. All programs administered by HUD through existing authority. Federal civilian employment increase capped at 1%. Individual application forms capped at 5 pages; organizational forms at 20 pages. Electronic filing required.
"The Earned Equity Program is explicitly NOT a government handout but a structured pathway to homeownership for individuals who have demonstrated creditworthiness, housing stability, and community responsibility through consistent rent payments, stable employment, and compliance with participant responsibilities."
— Sec. 301(c) · Thomas Paine Debt Reduction and American Innovation Act · Gregory Burgess for Congress · CA-2 · No Party Preference
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