NH&RA submitted a comment letter, joined by 90 organizations, in response to HUD’s BABA Request for Information before the July 20 deadline. The letter called on HUD to:

  1. Stay BABA requirements for manufactured products for FY 2024-2026 funding;
  2. Update its FAQs to clarify BABA implementation; and
  3. Rewrite its BABA guidance beyond requirements detailed in the 21st Century ROAD to Housing Act.

By the Numbers: In total, there were 140 comments submitted.

Call to Action: Submit your BABA experiences through this form to help build a database of project impacts that supports our advocacy with Congress and the Administration. Please give as much detail as you can and share widely!

Go Deeper: HUD updated their BABA FAQs, offering clarity on some commonly raised issues:

  • Single family projects: “construction, maintenance, alteration, or repair of single-family (1 to 4 dwelling units) properties in HUD programs are not considered public infrastructure under Build America, Buy America Act (BABA) because they are generally private in nature, and they are not subject to the Buy America Preference (BAP).For example, a development that included 45 single-family homes is not considered public infrastructure under BABA as they are generally private in nature and not subject to BAP.”
  • Acquisition: “If federal funds are used only to purchase an existing building without rehabilitation, repair, or alteration, Build America, Buy America Act (BABA) requirements typically do not apply.”