PermAffai

Reference

What is a community land trust?

There is more than one answer, and in July 2026 one of them changed. This page gives the plain answer, the statutory one, and the distance between them.

Last reviewed against Public Law 119-101 and the current United States Code.

01 The short answer

A community land trust holds land so that the homes on it stay affordable to one family after another.

The family buys the home and owns it. They build equity in it, they can pass it on, and they can sell it. What they do not buy is the land underneath, which the trust holds and does not sell. Taking the land out of the price is what makes the home reachable in the first place.

A ground lease — usually ninety-nine years, usually renewable — sets out what happens next. When the family sells, a formula written into that lease decides the price. The formula gives them a real return on what they put in, and keeps the home affordable for the household that comes after. The subsidy that made the first purchase possible stays in the home instead of leaving with the first seller.

That is the model as it was built, and as most community land trusts still practise it. It is not, as of July 2026, what federal law requires. The rest of this page is about the difference.

GROUND LEASE MODEL The home Owned by the family. They build equity in it. GROUND LEASE The land Held by the trust. Not sold. That is what holds the price down. DEED COVENANT MODEL · ALSO QUALIFIES The home and the land Both owned by the family. A covenant rides on the deed. RECORDED COVENANT · 30 YEARS MINIMUM No land held Nobody stands behind the promise except whoever enforces the covenant. Both satisfy 42 U.S.C. 12704(26)(D). Only one of them holds land.
02 The five components

What a definition cannot carry on its own.

A statute can say what an organization must be. It cannot say whether the promise will still be keepable in year thirty. Five things decide that, and stewardship sits at the top of them because it is the one that has to still be working when everyone who set it up has gone.

The key beside the diagram notes how federal law treats each one. Every line of it is taken up in full further down this page.

Permanent affordability only when all five hold S STEWARDSHIP holds the other four up O E R G THE FIVE, AND HOW FEDERAL LAW TREATS THEM Stewardship Someone has to be answerable in year thirty. Now an express federal duty. Shared governance The people who live with the decision help make it. No longer required by federal law. Shared ownership Permitted, not required. A covenant qualifies. Shared equity Moved into the resale rules, not the definition. Subsidy retention Perpetuity became a thirty-year floor. Five-component framework: Wyman (2025)
Note. The five-component framework is adapted from “Community land trusts: Understanding the full model for lasting affordability,” by M. Wyman, 2025, Housing Action Lab at the Florida Housing Coalition (https://flhousingactionlab.substack.com/p/community-land-trusts-understanding). The ring and its ordering are ours, not the statute’s.
03 What the law used to say

For thirty-four years, federal law described the model the way practitioners had built it.

This is the part most people have never read, and it is hard to find now: the subsection was struck in July 2026, so the current Code no longer carries it. It is worth reading, because the 1992 definition and the practice described above are not two things. They are the same description, one written by organizers and one written by Congress.

the term “community land trust” means a community housing development organization (except that the requirements under subparagraphs (C) and (D) of section 12704(6) of this title shall not apply for purposes of this subsection)—

(1) that is not sponsored by a for-profit organization;

(2) that is established to carry out the activities under paragraph (3);

(3) that—

(A) acquires parcels of land, held in perpetuity, primarily for conveyance under long-term ground leases;

(B) transfers ownership of any structural improvements located on such leased parcels to the lessees; and

(C) retains a preemptive option to purchase any such structural improvement at a price determined by formula that is designed to ensure that the improvement remains affordable to low- and moderate-income families in perpetuity;

(4) whose corporate membership that is open to any adult resident of a particular geographic area specified in the bylaws of the organization; and

(5) whose board of directors—

(A) includes a majority of members who are elected by the corporate membership; and

(B) is composed of equal numbers of (i) lessees pursuant to paragraph (3)(B), (ii) corporate members who are not lessees, and (iii) any other category of persons described in the bylaws of the organization.

42 U.S.C. 12773(f) · added by the Housing and Community Development Act of 1992, Pub. L. 102-550 · struck in full by Public Law 119-101 § 501(v)(12)(B), 11 July 2026

Line by line, it is the practice

(3)(A)
“acquires parcels of land, held in perpetuity, primarily for conveyance under long-term ground leases”
Hold the land forever. Lease it to the family. The first half of the model, in one clause.
(3)(B)
“transfers ownership of any structural improvements located on such leased parcels to the lessees”
The family owns the house. Not a share, not a right to occupy — the house.
(3)(C)
“a preemptive option to purchase … at a price determined by formula … affordable to low- and moderate-income families in perpetuity”
The resale formula, and the right to step in and buy the home back. The second half of the model.
(4)
“corporate membership that is open to any adult resident of a particular geographic area”
Anyone who lives there can join. Membership is the mechanism that makes it a community organization rather than a landholder.
(5)
“a majority of members who are elected by the corporate membership” and “equal numbers of (i) lessees, (ii) corporate members who are not lessees, and (iii) any other category”
The tripartite board, written into federal law in the words the movement used for it.
(1)
“is not sponsored by a for-profit organization”
Independence from private capital, as a condition of the name.
—
“a community housing development organization (except that the requirements under subparagraphs (C) and (D) of section 12704(6) … shall not apply)”
A CLT was a particular kind of CHDO, with two of the usual CHDO tests switched off. This is why the CHDO rules matter to the story later on.

Why this matters for what follows. Because the 1992 definition and the practice were the same description, the 2026 replacement is not a departure from a technicality in federal law. It is a departure from the model itself. Everything in the next three sections follows from that.

On this text. The subsection was struck from the Code, so it is no longer available from the usual places. The reproduction above is quoted from endnote 35 of Grannis (2021), which quotes Pub. L. 102-550 directly; it matches every fragment we retrieved independently from the United States Code 2023 edition. For any filed or counsel-reviewed use, pull it from a Code annual edition and confirm it character for character.

04 The definition today

What federal law now says, in full.

This is what replaced it. The 21st Century ROAD to Housing Act did not restate the 1992 definition; it wrote a different one and struck the original. Read the two together and the distance is the whole story. The text below is quoted complete so this page can be used as a source rather than taken on trust.

(26) The term ‘community land trust’ means a nonprofit entity, a State, a unit of local government, or an instrumentality of a State or unit of local government that—

(A) is not managed by, or an affiliate of, a for profit organization;

(B) has as a primary purpose of acquiring, developing, or holding land to provide housing that is permanently affordable to low- and moderate-income persons;

(C) monitors properties to ensure affordability is preserved;

(D) provides housing that is permanently affordable to low- and moderate-income persons using a ground lease, deed covenant, or other similar legally enforceable measure, determined acceptable by the Secretary, that—

(i) keeps housing affordable to low- and moderate-income persons for not less than 30 years; and

(ii) enables low- and moderate-income persons to rent or purchase the housing for homeownership; and

(E) maintains preemptive purchase options to purchase the property if such purchase would allow the housing to remain affordable to low- and moderate-income persons.

42 U.S.C. 12704(26) · added by Public Law 119-101 § 501(r) · enacted 11 July 2026 · 140 Stat. 914–915

What each clause actually requires

A
“not managed by, or an affiliate of, a for profit organization”
Independence from for-profit control. Note what this is not: a requirement that the community control it either.
—
“a nonprofit entity, a State, a unit of local government, or an instrumentality”
A city or county housing department now qualifies in its own right.New in 2026
B
“primary purpose of acquiring, developing, or holding land”
Land has to be the point of the organization — though subparagraph (D) then permits a model that holds none.
C
“monitors properties to ensure affordability is preserved”
Stewardship is now a federal obligation, not a best practice. An entity that does not monitor is not a CLT.Strengthened
D
“a ground lease, deed covenant, or other similar legally enforceable measure”
A deed-restriction program qualifies without holding any land.Widened
D(i)
“not less than 30 years”
Thirty years is the federal floor. The definition this replaced said in perpetuity, twice.Shortened
E
“maintains preemptive purchase options”
The right to step in and buy the home back. The resale formula itself sits elsewhere in the law, not here.

One tension worth noticing. Subparagraph (B) and the opening of (D) both say permanently affordable. Subparagraph (D)(i) then measures that as not less than 30 years. The statute uses the word and then supplies a term of years as its meaning. That gap is where most of the real decisions get made.

05 Governance

This is a removal, not an omission.

It would be easy to read the new definition as simply quiet on governance — as though Congress had never addressed it. Congress addressed it in detail, for thirty-four years. The same act that wrote the new definition struck the old one.

EQUAL THIRDS Lessees Other members Public interest

1992 – 2026. Membership open to any adult resident of the area. A majority of the board elected by that membership. Equal numbers of lessees, non-lessee members, and others named in the bylaws.

NOT REQUIRED

Today. Struck in full by Public Law 119-101 § 501(v)(12)(B). Nothing replaced it. A community land trust may now be governed by anyone.

Nothing stops an organization from governing itself this way, and most established community land trusts still do. What changed is that the practice is now a choice the organization makes and has to explain, rather than a condition federal law imposed.

06 CHDO & CBDO

The CLT change is not isolated.

One section of one act loosened community-accountability requirements in four separate places. A fifth thing was left untouched while the reason for its existence was removed somewhere else. Read together, the pattern is clearer than any one of them.

42 U.S.C. 12773(f) · struck by § 501(v)(12)(B)

Open membership. Board majority elected by members. Equal thirds.
No governance requirement.

The CLT definition that carried community control for thirty-four years, removed entirely.

42 U.S.C. 12704(6)(B) · amended by § 501(b)

“significant representation” on the governing board
“representation” on the governing board

One word struck from the definition of a community housing development organization. Accountability to low-income community residents survives; the qualifier that gave it weight does not.

42 U.S.C. 12771(a) · amended by § 501(s)

housing “to be developed, sponsored, or owned by” a CHDO
when a CHDO “materially participates in the ownership or development”

The HOME set-aside no longer requires a CHDO to own or develop anything. What counts as materially participating is left to the Secretary, who has not yet said.

42 U.S.C. 12771(b) · rewritten by § 501(j)

set-aside funds reserved for CHDO activity
after 24 months uninvested, released for any eligible activity “without regard to whether a CHDO materially participates”

A route for the set-aside to stop being a set-aside.

24 CFR 570.204 · community-based development organizations · not amended

CBDO requirements unchanged by this act
but § 204 made new construction a general CDBG activity, capped at 20% of a grantee’s allocation

The CBDO’s distinctive value was that it could carry out new housing construction when other CDBG subrecipients could not. With a general construction authority now on the books, the reason to route work through a community-based organization narrows sharply — without a single word of the CBDO rules being changed.

Four loosenings and one quiet obsolescence, inside one act. Pointing in the other direction: the new CDBG construction authority is tied by cross-reference to section 215 of the Cranston-Gonzalez National Affordable Housing Act, and section 215 was itself amended to recognise shared equity ownership, community land trusts, limited equity cooperatives and community development corporations as mechanisms that maintain long-term affordability. Construction dollars are, by statute, pointed at permanent-affordability structures.

07 What it replaced

Three definitions of the same two words.

None of them is the last word. The first column is what the model was built to do. The second is what federal law asked for from 1992 until July 2026. The third is what it asks for now. Requirements that were lost are struck through; the one requirement gained is in green.

7 of 8 rows differ
 
Traditional CLT practice
Federal law 1992–2026
Federal law today
Community governance
Open membership. A board of equal thirds: homeowners, other residents, public interest.
Membership open to any adult resident; board majority elected by members; equal thirds required.42 U.S.C. 12773(f)
No governance requirement of any kind.Removed
Who can be one
A community-based nonprofit.
A community housing development organization.
A nonprofit, a State, a unit of local government, or an instrumentality.Widened
How long
Perpetuity. That is the whole idea.
Land held in perpetuity; affordability preserved in perpetuity.
Not less than 30 years.Shortened
Mechanism
A long-term ground lease on land the trust owns.
Conveyance under long-term ground leases, improvements transferred to lessees.
Ground lease, deed covenant, or other similar measure the Secretary finds acceptable.Widened
Tenure
Homeownership.
Homeownership — the family owns the improvements.
Rent or purchase.Widened
Resale formula
A formula balancing the family’s return against the next family’s price.
Purchase option at a formula price designed to keep the home affordable in perpetuity.
Not in the definition. The formula requirement moved to the resale provisions.Relocated
Monitoring
Continuous stewardship. The part nobody funds.
Not stated.
“monitors properties to ensure affordability is preserved”Strengthened
For-profit control
Independent by design.
Not sponsored by a for-profit organization.
Not managed by, or an affiliate of, a for-profit organization.

One more consequence worth naming: there is now a single federal definition where there used to be two. Section 233 carried its own, and § 233(b)(6) was amended to point at Section 104 instead. The long-standing complaint that HUD programs defined a community land trust inconsistently has been resolved — by consolidating on the newer and looser of them.

What all of this means for a particular program is the next question, and it has two different answers.

08 Check a program

Two questions, and they have different answers.

Pick the shape closest to the program you are looking at. The first verdict is what the statute says, which is a matter of fact. The second is what we think will actually happen, which is a judgment and is labelled as one.

Shared governance
Open membership, elected board, equal thirds. Chosen, not required.
Shared ownership
Land held by the trust, home owned by the family under a ground lease.
Shared equity
A resale formula balancing the family’s return against the next buyer’s price.
Subsidy retention
Perpetuity, which is longer than the law now asks.
Stewardship
Monitoring and homeowner support are the organization’s core work.
present partial absent

Meets the federal definition at 42 U.S.C. 12704(26)?

Yes

Meets every element, and exceeds the thirty-year floor by design.

Meeting the definition is a floor, not a goal.

Will the promise still hold?

Yes, by design.

Perpetuity is written into the lease, the people who live there sit on the board, and stewardship is somebody’s actual job rather than a line in a work plan.

PermAffai’s view, not a legal test

Shared governance
Decisions sit with staff and an elected council. No membership, no seats for homeowners.
Shared ownership
Usually a deed covenant rather than a ground lease. No land held.
Shared equity
A resale formula set by the jurisdiction, revisable by the jurisdiction.
Subsidy retention
Commonly set at the federal minimum rather than perpetuity.
Stewardship
Real, but carried by staff whose roles change with administrations.
present partial absent

Meets the federal definition at 42 U.S.C. 12704(26)?

Yes, federally

A unit of local government is named in the definition. Every element can be met with no community governance whatsoever.

Meeting the definition is a floor, not a goal.

Will the promise still hold?

Only while someone keeps it.

Nothing in the structure outlives an administration. Thirty years is a floor the next council can read as a ceiling, and the homeowners have no seat at the table where that gets decided.

PermAffai’s view, not a legal test

Shared governance
None.
Shared ownership
The family owns land and home; a covenant rides on the deed.
Shared equity
Often a price cap rather than a formula.
Subsidy retention
Twenty years, then the subsidy leaves with the first seller.
Stewardship
Usually nobody is assigned after closing.
present partial absent

Meets the federal definition at 42 U.S.C. 12704(26)?

No

Fails subparagraph (D)(i) — the affordability period must run not less than thirty years.

Meeting the definition is a floor, not a goal.

Will the promise still hold?

No.

It expires, and on the day it does the subsidy leaves with whoever happens to be selling. Nobody was ever assigned to notice.

PermAffai’s view, not a legal test

Shared governance
A board, but typically appointed rather than elected by a membership.
Shared ownership
Ground lease on land the organization holds.
Shared equity
An adopted resale formula.
Subsidy retention
Perpetual ground lease terms.
Stewardship
Real but often under-resourced against a development pipeline.
present partial absent

Meets the federal definition at 42 U.S.C. 12704(26)?

Yes

Meets the definition. Whether it is a community land trust in the older sense turns on the governance question the statute no longer asks.

Meeting the definition is a floor, not a goal.

Will the promise still hold?

Likely, if stewardship is funded.

The lease terms are built to last. The risk is that stewardship competes with a development pipeline for the same staff, and the pipeline usually wins.

PermAffai’s view, not a legal test

Shared governance
Governed by statute and appointment, not membership.
Shared ownership
Land may be retained or conveyed depending on the disposition policy.
Shared equity
Usually disposition at a discount with no formula on resale.
Subsidy retention
Value typically leaves at the first market sale.
Stewardship
Rarely assigned past disposition.
present partial absent

Meets the federal definition at 42 U.S.C. 12704(26)?

Depends

The entity qualifies. Whether it meets (D) and (E) depends entirely on what the disposition documents say.

Meeting the definition is a floor, not a goal.

Will the promise still hold?

Usually not, as written today.

Most conveyances put a home into private hands at a discount and stop there. The public investment leaves at the first market sale, which is the thing permanent affordability exists to prevent.

PermAffai’s view, not a legal test

Shared governance
A board with statutory resident representation, but not a CLT membership.
Shared ownership
Varies by program design.
Shared equity
Varies by program design.
Subsidy retention
Varies, often tied to the funding source’s own period.
Stewardship
Compliance monitoring is already core institutional capacity.
present partial absent

Meets the federal definition at 42 U.S.C. 12704(26)?

Depends

An instrumentality of a unit of local government qualifies. The enforcement instrument under (D) is the open question.

Meeting the definition is a floor, not a goal.

Will the promise still hold?

Better odds than most.

Compliance monitoring is already institutional muscle here, and stewardship is the component hardest to build from nothing. What is usually missing is the instrument, and that is the easier half to fix.

PermAffai’s view, not a legal test

These are shapes, not rulings. A real answer comes from reading the actual ground lease, covenant, resale formula and program guidelines, and nothing on this page is legal advice.

09 Where we stand

We think the best community land trust is a community one. We are not the only ones with a say.

There is more than one definition, and some of them do not do the job.

The statute is one answer. The movement that built the model is another. A twenty-year deed restriction with nobody assigned to watch it is a third, and it is the one that fails — not because it breaks a rule, but because the home does not stay affordable and nobody finds out until it is gone. We argue with definitions on those grounds, not on grounds of orthodoxy.

Community control is the point, where you can get it.

People who live with a decision should have a hand in making it. Open membership, elected seats, homeowners on the board: these produce better formulas, better policies and better odds that the organization is still trusted in thirty years. Federal law no longer requires any of it. We still recommend it, and we will say so to anyone who asks.

We respect the law of the land, and the right of a city to act directly.

A county commission that wants to build permanent affordability through its own housing department is not doing something illegitimate. It is using an authority Congress has now explicitly given it, usually because no community organization in the jurisdiction is in a position to carry the work. Treating that as a lesser form of the model helps nobody and leaves the program worse designed than it needed to be.

So long as stewardship holds and community voice is maximized, we are for it.

Our test is not what the entity is called. It is whether someone is answerable in year thirty, whether the people living in the homes have a real way to be heard, and whether the subsidy is still working when the second family moves in. Where those three hold, we support the effort — in every clime and place.

Meeting the definition is a floor, not a goal.

Thirty years is what the law asks. Nothing stops a program from choosing perpetuity, seating homeowners on its board, or funding stewardship properly, and the programs that last are the ones that chose. The definition tells you where the bottom is. It does not tell you where to build.

10 What it means for you

Three situations, three different next moves.

You run a community land trust today

Your ground lease almost certainly exceeds the new floor, so compliance is not your issue. The issue is that the word now covers programs built very differently from yours, and funders will stop being able to tell the difference from the label alone. What you can show — monitoring current, resales priced correctly, obligations met — becomes the thing that distinguishes you.

Stewardship Systems →

You are a city or county standing something up

You now meet the definition in your own right, without a nonprofit intermediary. That removes a barrier and hands you a set of choices the statute no longer makes for you: how long, what instrument, who sits at the table, and who is answerable once the staff who built it have moved on. Those are decisions to make deliberately rather than inherit.

Technical Assistance →

You hold subsidy and want to know what it did

Whatever the definition says, the question underneath is the same: how much public investment went out, how many households it has served, and what is still recoverable. Our free tool runs that for a single home in about four minutes. The Portfolio Review runs it across everything you hold.

Try The Long Dollar →
11 Still unknown

What nobody can tell you yet.

This page is current as of the date at the top. These are the questions we are watching, and we would rather name them than let the page imply more certainty than exists.

  • What the Secretary will accept. Subparagraph (D) requires the enforcement measure to be “determined acceptable by the Secretary,” and the new CLT purchase authority operates “under terms determined by the Secretary.” HUD has issued neither. Until it does, what satisfies (D) is genuinely open.
  • What “materially participates” means. The HOME set-aside test now turns on it, and the Secretary has not defined it.
  • Whether CBDO-routed construction sits outside the 20% cap. The statute and 24 CFR 570.204 now overlap, and HUD has not reconciled them. We have seen this question answered confidently and wrongly, by conflating the construction cap with the separate planning-and-administration cap. They are different limits.
  • Whether the act expands what administrative dollars can fund. Section 501(t) restructures the HOME program administration provision. We have not obtained the pre-amendment text, so we make no claim about it either way.
  • How the field responds. Whether practitioners adopt a working distinction between organizations that practise shared governance and programs that do not, now that the statute no longer draws one.

If you find any of this out before we do, or think we have read something wrong, tell us. We will correct the page and say what changed.

Sources

Every statutory quotation on this page was taken from the public law text or the current United States Code, not from a secondary summary. Several widely circulated summaries of this act contain errors on exactly these provisions.

  • Public Law 119-101, 21st Century ROAD to Housing Act, 140 Stat. 846, §§ 204, 501(b), 501(j), 501(r), 501(s), 501(v)(12)(B). Enacted 11 July 2026 without signature.
  • 42 U.S.C. 12704(26) — the current definition.
  • 42 U.S.C. 12773(f) — the prior definition, added by the Housing and Community Development Act of 1992, Pub. L. 102-550, and struck in 2026.
  • 42 U.S.C. 12704(6)(B), 12771(a) and 12771(b) — the community housing development organization provisions.
  • 42 U.S.C. 5305(a)(28) and 24 CFR 570.204, 570.207(b)(3) — the CDBG construction authority and the community-based development organization rules.
  • Wyman, M. (2025, October 22). Community land trusts: Understanding the full model for lasting affordability. Housing Action Lab at the Florida Housing Coalition. https://flhousingactionlab.substack.com/p/community-land-trusts-understanding

This page describes federal law as we read it. It is not legal advice, and it is not a substitute for counsel licensed in your jurisdiction reading your own documents.