H.R. 3459 — Empty Lots to Housing Act

This section establishes a process under title 23, United States Code, authorizing recipients of federal highway assistance to transfer real property—acquired at least in part with such funds and no longer needed for its original purpose—with no further obligation to the federal government to (1) a local governmental authority or nonprofit organization for transit-oriented dwelling units; or (2) a third-party entity for such units if the Secretary of Transportation determines a local authority or nonprofit cannot receive it, the overall benefit exceeds the government's interest in selling at fair market value, and the entity has a satisfactory history of affordable housing construction or operation. The Secretary may approve a transfer only if the recipient contractually requires the transferee, for 30 years from transfer, to (1) reserve at least 40% of developed housing units for families with adjusted income (as defined by the Secretary of Transportation, in consultation with the Secretary of Housing and Urban Development) at or below 60% of area median income, offered at rents not exceeding 30% of such income; and (2) within that 40%, reserve at least 20% of units for families at or below 30% of area median income. This section also makes a conforming clerical amendment to the chapter analysis.