The Energy Independence and Security Act of 2007 (EISA) requires HUD and USDA to jointly adopt the most recently-published energy codes subject to a Determination of that such code adoption will not negatively impact the affordability and availability of the covered housing.
The code requirement applies to new construction only. The current minimum standard, established in May 2015, is the 2009 IECC for single family and low-rise multifamily buildings, and ASHRAE 90.1-2007 for multifamily buildings with 4 or more stories. As required by EISA, HUD is in the process of preparing an affordability and availability Determination for the latest codes: the 2021 IECC and ASHRAE 90.1-2019.
As outlined in the May 2015 Federal Register Notice, programs that are specifically impacted by this code requirement are (1) FHA-insured single family programs; (2) FHA-insured multifamily programs and (3) the HOME program (4) USDA Section 502 guaranteed loans. New public housing units covered under EISA are required to meet these standards; or higher (2009 IECC and ASHRAE 90.1-2010) under the 2013 Capital Fund rule.
The code requirements do not apply to programs that have already adopted codes or energy standards via NOFA that meet or exceed these standards (Section 202 and Section 811 Supportive Housing, Choice Neighborhoods) or programs not specified in the EISA statute (CDBG, Indian Housing programs, Housing Choice Vouchers).
Any unit built to Energy Star New Homes, Enterprise Green Communities, LEED or the National Green Building Standard (performance path only) and other regional or local standards referenced in the May 2015 Federal Register Notice is automatically in compliance with the 2009 IECC AND ASHRAE 90.1-2007 minimum standard.
- Federal Register Notice (2009 IECC/ASHRAE 90.1-2007)
- Public Housing Capital Fund Rule (October 2013)
- 2009 IECC Background for Stakeholders (May 2015)
- Minimum HUD standards or incentives for new homes
- DOE Code Status Maps
Content current as of January 5, 2022.