The Real Estate Roundtable (RER) joined a broad coalition of organizations representing the consumer products, manufacturing, real estate, and retail sectors this week to support the Department of Energy’s (DOE) new role as lead federal agency for ENERGY STAR, following the recent Memorandum of Agreement with the Environmental Protection Agency (EPA). (RER News Release, March 31 | Memorandum of Agreement, March 3)

ENERGY STAR Coalition Letter

• In a coalition letter sent this week to DOE, the groups said they look forward to collaborating with the agency to ensure an effective transition that maintains and evolves the voluntary ENERGY STAR public-private partnership. (Letter, March 30 | PoliticoPro, March 31)

• The coalition emphasized that DOE is well-positioned to lead a modernized ENERGY STAR program that continues to provide consumers and businesses with access to efficient products and buildings with the performance they have come to expect from the ENERGY STAR brand.

• The letter also reaffirmed strong support for keeping ENERGY STAR within the federal government. (Letter, March 30)

• “Our longstanding partnership with the federal government’s ENERGY STAR program remains a top priority as DOE assumes the lead implementation role,” said RER's President & CEO Jeffrey D. DeBoer. “DOE has the data, talent, lab research, and other resources to run all facets of ENERGY STAR efficiently and effectively. Down the years, ENERGY STAR for buildings has saved families and businesses hundreds of billions of dollars in energy costs, and helps create greater capacity on the grid to boost economic growth. We will continue to partner in the evolution of ENERGY STAR to support the economic growth in our buildings, plants, and consumer products.” (RER News Release, March 31)

• Congress provided approximately $33 million for ENERGY STAR to EPA in the FY’26 appropriations bill (H.R. 6938), signed into law on Jan. 23, preserving the program through Sept. 30 following earlier reports that it could be privatized or defunded. (Roundtable Weekly, Jan. 9 | Utility Dive, March 10) 

• Additionally, the letter noted that the program has helped save families and businesses more than $500 billion in energy costs since 1992. (Letter, March 30)

Roundtable View

• RER has long made the business case for ENERGY STAR and, with coalition partners, emphasized that it is a federal program required by law—not one that can be privatized or operated outside the U.S. government by agency decree. (Roundtable Weekly, Mar. 6)

• Last year, RER joined dozens of industry groups in a letter to Congress to support the ENERGY STAR. The multi-industry letter cited federal statutes that compel ENERGY STAR to be a program run by federal agencies, with DOE and EPA authorized to assign program responsibilities between themselves. (Roundtable Weekly, Jun. 6, 2025). 

• “DOE has always been a key part of the ENERGY STAR ecosystem and is ideally suited to assume the role as the program’s primary steward and ensure its vitality and progress forward,” said RER’s Sustainability Policy Advisory Committee (SPAC) Chair Anthony E. Malkin (Chairman and CEO, Empire State Realty Trust, Inc.).

• “ENERGY STAR has long enhanced the profitability of buildings and established a voluntary reporting structure for real estate assets. It helps our industry attract investors from all over the world to the United States. ENERGY STAR works better than any other building energy ‘label’ on the market because it is grounded in quantifiable metrics and deploys standard software geared to save money on utility bills and avoid wasted energy,” added Malkin.

• Malkin continued, “Our industry coalition with leading organizations in the real estate, manufacturing, consumer tech, and retail sectors will continue to advocate to Congress and the Executive branch the critical role ENERGY STAR plays to advance America’s energy dominance and global competitiveness.”

RER will continue working with policymakers and aligned stakeholders to help ensure a smooth and productive transition for ENERGY STAR.

The Department of Labor (DOL) proposed a new rule this week that would make it easier for 401(k) plans to offer investment options with exposure to alternative assets, including private equity, real estate, digital assets, and other nontraditional products—if fiduciaries follow a prudent, process-based framework. The proposal stems from President Trump’s Aug. 7, 2025 Executive Order directing regulators to expand access to alternative assets in defined contribution retirement plans. (DOL News Release, March 30)

Proposed Rule

• The proposed rule would clarify fiduciary duties under the Employee Retirement Income Security Act (ERISA) and establish a safe harbor for selecting designated investment alternatives, including asset allocation funds that contain alternative assets. (PoliticoPro, March 30)

• DOL says the rule is intended to reduce regulatory uncertainty and litigation risk that have discouraged plan sponsors from offering broader exposure to private markets and other alternatives in 401(k) plans, even though such investments are not expressly prohibited today.

• Under the proposal, fiduciaries would need to evaluate factors such as performance, fees, liquidity, valuation, benchmarks, and complexity through an objective and analytical process. (DOL News Release, March 30)

Background

• The rule follows President Trump’s Executive Order on “Democratizing Access to Alternative Assets for 401(k) Investors,” which called for regulatory changes to expand access to asset classes previously concentrated in institutional portfolios. (EO, Aug. 7, 2025)

• While alternative investments have long played a role in defined-benefit plans such as pensions, fiduciary obligations and litigation concerns have made it more difficult to include them in participant-directed defined contribution plans like 401(k)s.

• Since the Executive Order, regulators and administration officials have signaled growing support for expanding access to alternative investments—including real estate—while emphasizing the need for appropriate guardrails. (Reuters, March 30)

What to Watch

• The proposal would mark a meaningful shift in the federal government’s approach to alternative investments in retirement plans, particularly by replacing a more cautious posture with a framework centered on fiduciary process rather than asset-class restrictions. (CNBC, March 30)

• The rule could have important implications for real estate and other alternative asset managers if it leads to broader access to private-market exposure through participant-directed retirement plans.

• The proposal does not endorse any specific asset class, and fiduciaries would still be expected to determine whether a particular investment is appropriate for plan participants.

What’s Next

• The proposal is subject to a 60-day public comment period, with DOL signaling it hopes to finalize the rule by year’s end.

Comments are due on June 1, 2026.  RER is working on comments and welcomes input from members. 

As the 21st Century ROAD to Housing Act remains in limbo in the House, new research is strengthening the case for removing the Senate bill’s build-to-rent (BTR) provision. The findings suggest the provision could curb housing supply without improving affordability.

State of Play

• At the center of the debate is Section 901, which would require newly built single-family rental homes developed by large institutional investors to be sold to after seven years. (Roundtable Weekly, March 27 | The Atlantic, March 30)

• Industry groups, researchers, and The Real Estate Roundtable (RER) warn that the mandate would disrupt a growing source of housing supply, raise serious constitutional concerns, and potentially trigger years of litigation involving property owners, tenants, and the federal government. (Roundtable Weekly, March 13 |  CNBC, March 29)

New BTR Research

• John Burns Research & Consulting reported last week that the Senate bill’s seven-year disposal requirement has already halted new development, sidelined capital, and found some investors may not return even if the bill is later revised. (John Burns Research & Consulting, March 24)

• Other recent studies are reinforcing concerns about the provision. A new AEI analysis found the bill’s investor restrictions could reduce supply and hurt lower-income families. (AEI study, March 27)

• An Urban Institute case study found that single-family rental investors have developed renovation and property-management capabilities that could help rehabilitate more homes and expand the supply of affordable housing. (Urban Institute Case Study, March 30)

Roundtable & Industry Advocacy

• RER and a broad real estate coalition have spent weeks urging lawmakers to preserve the bill’s pro-supply provisions while removing or revising Section 901, warning that the seven-year sale requirement would effectively eliminate build-to-rent housing production. (Roundtable Weekly, Jan. 9 | Jan. 16 |  Jan. 23 | Feb. 27| March 6 | March 13 | March 20 | March 27) (Letter, March 5 | Letter, March 13)

• That case was reinforced again last week in an open letter from housing researchers, who said the mandate would undermine a growing source of supply and is especially unworkable because many BTR communities are not designed to be sold unit by unit. (Letter, Mar. 26 | MultifamilyDive, Mar. 31)

New Cost Pressures

• Rising aluminum prices are adding new strain to an already challenging development environment, pushing construction costs higher and threatening project viability.

• “The conflict in the Middle East is further driving up materials prices and making construction that much less affordable and many projects that much less financially viable,” said Anirban Basu, the chief economist for Associated Builders and Contractors. (PoliticoPro, March 27)

• The pressure comes on top of elevated rates, tariff uncertainty, and labor shortages that have already slowed homebuilding and weighed on new investment. (PoliticoPro, March 27)

What’s Next

• Congress is in recess until April 13, leaving the package’s next steps uncertain for now.

RER will continue urging Congress to protect the bill’s supply-focused provisions while removing language that would make it harder to build rental housing.