America Low Income Housing as a Charitable Activity

Housing is a fundamental human need, and ensuring that everyone has access to safe and affordable housing is a critical social issue. In recent years, the concept of housing as a charitable activity has gained significant attention, particularly in the context of organizations seeking tax-exempt status under IRC 501(c)(3). While providing housing assistance to individuals at or below the poverty level is a clear-cut case of charitable activity, the landscape has become more complex with the emergence of “low-income” or “affordable” housing programs. These programs often target individuals whose incomes are near or slightly below the median income level, or they serve a mix of very low, low, and moderate-income families. This paper explores the intricacies of housing as a charitable activity, the criteria for qualification under IRC 501(c)(3), and the broader implications for organizations and communities.

Historically, the provision of housing assistance to those who cannot afford decent housing has been a cornerstone of charitable activities. The IRS recognizes that providing housing for low-income persons accomplishes charitable purposes by relieving the poor and distressed. According to the U.S. Housing Act of 1937, low-income families are defined as those whose incomes do not exceed 80 percent of the median family income for the area, adjusted for family size. This definition has been widely adopted by housing organizations and is used to determine eligibility for various assisted housing programs.

In recent years, there has been a shift towards more inclusive affordable housing programs. These programs aim to serve a broader range of income levels, including those near or slightly below the median income. This approach is driven by the recognition that housing affordability is a spectrum, and many families just above the poverty line still struggle to find decent housing. The IRS has responded to this evolution by providing guidance on how organizations can qualify for tax-exempt status under IRC 501(c)(3) while serving a wider range of income groups.

To qualify for tax-exempt status under IRC 501(c)(3), organizations must demonstrate that their activities are charitable. This includes providing housing to individuals who are poor and distressed. The IRS has established a safe harbor provision under Rev. Proc. 96-32, which outlines specific criteria for organizations providing low-income housing. This safe harbor allows a limited number of units to be occupied by residents with incomes above the low-income limits, provided that the organization also serves significant levels of very low-income and low-income families.

Housing associations play a crucial role in providing affordable housing. These not-for-profit organizations offer a range of housing options, including social housing, shared ownership schemes, and affordable rent properties. Many housing associations are also registered charities, allowing them to combine their role as housing providers with a broader charitable mission. This dual identity enables them to access additional funding sources, such as grants and donations, which can be used to build more homes, improve services, and support communities.

The impact of housing as a charitable activity extends beyond the individuals and families who directly benefit from affordable housing. By providing stable and affordable housing, these programs help to reduce homelessness, improve community well-being, and promote social integration. Additionally, housing associations often offer support services that address broader issues such as mental health, employment training, and financial advice. These services not only enhance the quality of life for residents but also contribute to the overall health and stability of communities.

Housing as a charitable activity is a multifaceted issue that involves providing relief to those in need while also addressing broader social and economic challenges. The evolution of affordable housing programs and the criteria for qualification under IRC 501(c)(3) reflect a growing recognition of the complexity of housing affordability. By understanding and supporting these initiatives, we can work towards creating more inclusive and equitable communities.

For more information on housing as a charitable activity and the specific requirements for qualification under IRC 501(c)(3), please refer to the following resources: