The Spring Street Brief

Episode 98: Shaheen & McCormick Push HUD for BABA Reforms

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Senators Jeanne Shaheen (D-NH) and Dave McCormick (R-PA) have sent a bipartisan letter to HUD Secretary Turner calling for administrative reforms to the Build America, Buy America (BABA) waiver process. The current system — designed to accommodate products not domestically available in sufficient supply — has instead created significant delays and, in some cases, hard stops for affordable housing construction and preservation projects. For LIHTC developers, syndicators, and lenders working on federally assisted deals, this letter signals real momentum toward procedural relief that HUD can deliver without waiting for Congress.

Key Takeaways:

  • Bipartisan Senate pressure targets HUD's BABA waiver backlog, which has caused significant project delays and blocked some affordable housing deals entirely.
  • The letter calls on HUD Secretary Turner to improve communication around waiver request status — a basic transparency gap developers have flagged for months.
  • Senators are pushing for faster action on completed waiver submissions, meaning requests already in queue should not be stalled by administrative inaction.
  • HUD is asked to assess the actual availability of BABA-compliant housing products — addressing the root supply chain disconnect driving most waiver requests.
  • All three requested reforms are administrative in nature, meaning HUD can act without new legislation — a faster potential path to relief than a statutory fix.
  • Projects using HOME funds, CDBG dollars, or other federal financing that triggers BABA applicability are most directly affected.
  • New Hampshire developers with active BABA concerns should contact Ilana Morof directly for advocacy and technical support.

    • The bipartisan framing here is significant. When both sides of the aisle are putting the same ask in writing to a cabinet secretary, it increases the likelihood of an administrative response. Developers and sponsors with deals stalled on BABA waivers should document the specific timeline and cost impacts — that data is exactly what congressional offices and HUD need to justify accelerated action. Watch for HUD guidance or a public response from Secretary Turner's office in the coming weeks.

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    The Spring Street BriefBy Spring Street Management Group