FIRRMA excludes from CFIUS’s jurisdiction the purchase or lease by, or concession to, a foreign person of a single “housing unit,” as defined by the Census Bureau. Given that many single housing units are conveyed with adjoining land, the regulations on real estate also exclude any fixtures and adjacent land but only to the extent they are incidental to the intended use of the real estate as a housing unit. Fixtures and land may be considered incidental if their size and nature is common for similar single housing units in the locality in which the unit is located. If the incidental fixtures or land is not common for other similar housing units in the locality, the exception would apply only to the housing unit itself.
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CFIUS FAQ Category