Preemption of Real Property Discrimination Act
- Sponsor
- Rep. Green, Al [D-TX-9]
- Committees
- Judiciary Committee (primary)
- Last action
- Jan 14, 2026
Bottom line
The bill establishes a federal mandate overriding state-level restrictions on real estate purchases by foreign citizens, aiming to ensure non-discrimination in property transactions nationwide.
What it actually does
This bill preempts any law enacted by a State, the District of Columbia, or any U.S. territory that prohibits or restricts an individual from purchasing real property based on their citizenship. It grants the U.S. Attorney General the authority to enforce this preemption and establishes a private right of action, allowing individuals harmed by such preempted laws to bring civil actions in federal court for injunctive relief.
Proponents argue
Proponents argue that state-level restrictions on foreign real estate ownership are discriminatory, potentially violate international trade principles, and hinder beneficial foreign investment into the U.S. economy. They contend that a uniform federal standard is essential to prevent a fragmented legal landscape and uphold principles of economic freedom and equal treatment for all individuals, regardless of their nationality.
Opponents contend
Opponents might argue that states have a legitimate sovereign interest in regulating land ownership within their borders, particularly to protect national security, preserve agricultural land, or address local housing market concerns. They may contend that this bill represents an overreach of federal power, potentially allowing adversarial foreign entities to acquire strategic assets or driving up property costs for domestic citizens.
The bill text is exceptionally short and clear, requiring less than two minutes to read and understand its core provisions, making it highly accessible for public scrutiny.
Section 2(a)
Federal Preemption of Discriminatory State Real Property Laws
This section declares that any law from a State, the District of Columbia, or a U.S. territory that restricts or prohibits an individual from purchasing real property based on their citizenship is invalid. This means such state-level laws cannot be enforced, establishing a uniform federal policy that allows foreign citizens to buy real estate anywhere in the U.S. without citizenship-based restrictions.
Supporters argue
Supporters argue this provision promotes economic freedom, encourages foreign investment, and aligns U.S. policy with international norms against discrimination based on nationality in property transactions. They believe it removes an unnecessary barrier to market efficiency and prevents xenophobic policies from hindering economic growth.
Critics contend
Opponents contend that this provision infringes on states' rights to govern land use and ownership, potentially compromising state-level efforts to protect agricultural land, critical infrastructure, or housing affordability from foreign speculative investment. They might argue states are better positioned to assess and mitigate local impacts.
Tradeoffs
The provision balances the federal interest in uniform economic policy and non-discrimination against states' traditional authority to regulate land ownership and protect local interests. It trades state autonomy for federal consistency and potentially increased foreign investment.
Section 2(b)
Federal Enforcement Authority for the Attorney General
This subsection grants the U.S. Attorney General the explicit power to take legal action to ensure that states, the District of Columbia, and territories comply with the federal preemption. This means the federal government, through the Department of Justice, can sue jurisdictions that attempt to enforce laws that are now preempted by this Act.
Section 2(c)
Private Right of Action for Harmed Individuals
This subsection allows any individual who has been harmed by a state, District of Columbia, or territory law that is preempted by this Act to file a civil lawsuit against that jurisdiction in any competent federal court. If the individual wins their case, the court is authorized to award injunctive relief, meaning it can order the jurisdiction to stop enforcing the discriminatory law.