New Guidance to Repurpose Transit Properties for Affordable Housing

No-cost land transfers of underused transportation assets to develop transit-oriented affordable housing could be a game changer for local governments.

2 minute read

December 14, 2023, 10:00 AM PST

By Mary Hammon @marykhammon


Above-ground downtown Plano train stop in front of red brick multifamily housing building.

David Wilson from Oak Park, Illinois, USA, CC BY 2.0 <https://creativecommons.org/licenses/by/2.0>, via Wikimedia Commons / Transit Oriented Development, Plano, TX (16725143369)

Under new guidance from the US Department of Transportation, localities can use assets like land and buildings acquired or improved with federal transit funds to support development of affordable housing, report Jorge González-Hermoso and Yonah Freemark of the Urban Institute.

The new guidelines, called Interim Asset Disposition Guidance, released in October, could help boost housing construction near transit, which has slowed because of increasing development costs and a slow return of transit ridership after the pandemic.

Qualifying transportation assets that are no longer needed for the original purchase can be transferred to local governments, nonprofit organizations, or third-party entities at no cost as long as the properties are used for transit-oriented developments where at least 40 percent of housing units are reserved for low or very low income households. This has huge implications for viability of such projects, as previously transit agencies had to pay back the federal monetary contribution when seeking to transfer assets to other entities.

The Urban Institute speculates a significant portion of available unused land holdings were likely used for construction staging near large projects like rail routes, elevated lines, or subways. As such, they offer several recommendations to ensure state and local governments can take full advantage of these new rules to both increase affordable housing and transit ridership.

Those tips include ensuring zoning policies on land adjacent to stations align with the goal of maximizing density on those sites, focusing affordable housing subsidies on projects that are located on underused, transit-adjacent sites, and planning for property disposition at the start of any new transit project to ensure planning for residential investments can begin as soon as possible.

Thursday, November 30, 2023 in Urban Institute

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

July 23, 2025 - Diana Ionescu

Rendering of proposed protected bikeway in Santa Clara, California.

Silicon Valley ‘Bike Superhighway’ Awarded $14M State Grant

A Caltrans grant brings the 10-mile Central Bikeway project connecting Santa Clara and East San Jose closer to fruition.

July 17, 2025 - San José Spotlight

Blue and silver Amtrak train with vibrant green and yellow foliage in background.

Amtrak Cutting Jobs, Funding to High-Speed Rail

The agency plans to cut 10 percent of its workforce and has confirmed it will not fund new high-speed rail projects.

July 14, 2025 - Smart Cities Dive

Electric 18-wheeler truck plugged into electric charger.

California Set to Increase Electric Truck Chargers by 25%

The California Transportation Commission approved funding for an additional 500 charging ports for electric trucks along some of the state’s busiest freight corridors.

July 25 - Natural Resources Defense Council

Workers in safety vests installing large solar panels in Southern California desert landscape.

21 Climate Resilience Projects Cancelled by the EPA

The federal government has pulled funding for at least 21 projects related to farming, food systems, and environmental justice to comply with one of Trump’s early executive orders.

July 25 - Civil Eats

Police clearing a homeless encampment in Minneapolis, Minnesota.

Trump Executive Order on Homelessness Calls for Forced Institutionalization

The order seeks to remove legal precedents and consent decrees that prevent cities from moving unhoused people from the street to treatment centers.

July 25 - USA Today