Faith and Housing

Yes In God’s Back Yard

This bill makes it easier for religious organizations to build housing on land that they own.
Faith and Housing

    About the bill

    "Congregations across the country are watching their members get priced out of their neighborhoods, yet they sit on underutilized land they would like to activate. While many want to build housing, current barriers often prove insurmountable. This bill finally provides a clear pathway for congregations to unlock their properties and better serve their communities."

    — Eli Smith, Director, Faith-Based Housing Initiative

    What this bill does

    This bill makes it easier for churches, synagogues, mosques, and other religious institutions to build housing on land they own. Qualifying groups get a straightforward path to develop housing, including permit streamlining and the removal of local prohibitions on multi-family homes.

    Why it's needed

    Congregations across the country want to help solve the housing crisis, and many already own the land to do it. But outdated local regulations prevent them from building housing on their land. Such developments add housing in existing communities, while serving as a steady source of revenue for religious groups that are often primarily funded by donations.

    Frequently asked questions

    What does this bill actually do?

    This bill gives faith-based organizations a clear, guaranteed path to build housing on land they already own, without navigating discretionary local approvals or conflicting zoning rules. Projects must be reviewed ministerially against objective standards, with approvals required within 15 days of a complete application.

    The bill applies to properties owned or long-leased (55+ years) by qualifying 501(c)(3) religious organizations. Congregations can also work through a project entity such as a limited partnership or LLC. Industrial zones are excluded; all other residential, commercial, institutional, and civic zones are eligible.

    Key provisions include:

    • Base density of 30 units per acre, with additional density available where local zoning already allows more
    • Height bonus of one story or 15 feet above the local height limit, plus a 2:1 base FAR
    • Steeples and decorative elements permitted an additional 15 feet above the height bonus, consistent with federal law protecting religious freedom
    • No parking minimums on residential or ancillary uses
    • Ministerial review with a 15-day approval window and concurrent permitting
    How does this bill interact with existing local zoning?

    This bill establishes a clear statewide zoning standard for congregations. Local Authorities retain permitting authority, and health, fire, and safety standards still apply. Projects are reviewed ministerially, on par with how most single-family home permits are processed, with clear timelines and concurrent permitting. Local standards may still apply, but they must apply equally across all similar developments, not just faith-based projects.

    What are the biggest barriers faith-based organizations face?

    Building housing is difficult, and congregations face greater challenges than most builders. Zoning codes rarely contemplate faith-based housing, leaving congregations navigating a maze of rules that weren’t written with them in mind. Discretionary review processes are lengthy and unpredictable. Parking mandates dramatically increase costs. And most congregations don’t have dedicated staff—let alone anyone with real estate experience. This bill addresses the regulatory barriers directly, creating the clarity and streamlined process that lets willing congregations move from vision to shovel.

    How much developable faith-based land is available?

    More than most people realize. HousingForward Virginia found that faith-based organizations own 74,000 acres statewide–nearly twice the size of Richmond. In New York City, faith-owned land could accommodate an estimated 22,000 units on vacant lots and surface parking lots alone. A Terner Center analysis found that faith-based organizations and nonprofit universities in California own roughly 170,000 acres of potentially developable land.

    What if a congregation wants to build but doesn't have development expertise?

    A key provision of this bill is to allow congregations to work with professional, mission-driven builders. Congregations and faith communities across the country are making this work:

    • St. Rest Friendship Baptist Church in South Los Angeles partnered with Logos Faith Development to break ground on 138 units of affordable housing on what had been a church parking lot, with a new worship space included.
    • IKAR, a Jewish congregation in Los Angeles, decided that “the best thing we could do as a faith community buying and owning property in Los Angeles was to figure out how to build permanent supportive housing and affordable housing on our site, alongside the home that we’re building for our own community.” They’re partnering with a nonprofit developer to build 60 units of permanent supportive housing for formerly unhoused seniors alongside their new synagogue.
    • Born Again Church in Nashville partnered with The Clear Blue Company to develop 254 affordable senior apartments on six acres of their campus.

    Resources to get started

    The Legislation

    Full model legislation text

    Clean version
    Annotated

    Section 1. Title.

    (a) This Act shall be known and may be cited as the “Faith and Housing Act”.

    Establishes the title of the legislation as the “Faith and Housing Act.”

    Section 2. Purpose and Intent.

    To address housing shortages and enhance affordability, it is the policy of [state] to authorize faith-based organizations to develop housing as by-right on their properties. This act aims to leverage underutilized faith-based sites for community benefit by increasing housing access, reducing regulatory barriers, and promoting community-focused development. Project approvals are to rely on objective, transparent standards, ensuring both operational flexibility for faith-based organizations and alignment with local housing needs.

    The purpose of this legislation is to allow faith-based organizations to build housing on their land without first obtaining a rezoning, special permit, or other discretionary approval.

    The approach draws from Massachusetts H.2347 and religious- or nonprofit-land housing laws in Washington, Maryland, and Florida. Unlike those policies, the Act does not require affordable units as a condition of eligibility.

    Section 3. Definitions.

    For purposes of this Section:

    (a) “Active Ground Floor” means a portion of the ground floor dedicated to public-facing or commercial uses, such as retail spaces, restaurants, or community centers.

    (b) “Ancillary Uses” means additional uses within eligible developments that support and complement the primary mission of the Faith-Based Organization. These may include child care, social services, educational spaces, and commercial spaces, such as bookstores, cafes, or food distribution centers.

    (c) “Development Site” means the land owned, leased, or controlled by a Faith-Based Organization, eligible for residential, commercial, or mixed-use development. This includes sites in single-family, duplex, commercial, office, institutional, civic and multi-family zones, but excludes light and heavy industrial zones unless residential uses are specifically permitted by zoning.

    (d) “Faith-Based Organization” means a church, convention or association of churches, or other organization organized and operated primarily for religious purposes that is described in section 501(c)(3) and exempt from taxation under section 501(a) of the Internal Revenue Code.

    (e) “Generally Applicable” means a requirement that is imposed uniformly as part of a Local Authority’s generally applicable residential regulations, and that meets at least one of the following:

    (1) it is generally applicable to all residential development in the same zone; or

    (2) it is generally applicable to all ministerial residential permits in the jurisdiction; or

    (3) it is applied uniformly to all new residential construction of a similar building type.

    (f) “Housing Unit” means a residential dwelling that is self-contained, providing areas for living, sleeping, cooking, and sanitation for one household. This includes apartments, townhomes, and single-family residences.

    (g) “Local Authority” means a city, county, city and county, or other local jurisdiction with authority to approve land use, zoning, subdivision, site plan, design review, building permit, or other development approvals for a Project.

    (h) “Mature Trees” means trees on the Development Site that qualify as mature based on specific criteria: a minimum trunk diameter of 12 inches measured at 4.5 feet above ground level, or trees that have reached a height of 35 feet or more.

    (i) “Ministerial Review” means a nondiscretionary approval process based solely on clear and measurable standards that do not involve personal or subjective judgment, without a public hearing or other discretionary review.

    (j) “Mixed-Use Development” means a project that includes both Residential Use and Ancillary Uses.

    (k) “Net Habitable Square Feet” means the total floor area of a building that is finished, heated, and fully enclosed, excluding unheated spaces like garages, parking areas, and unfinished attics or basements.

    (l) “Project” means any proposed development, construction, conversion, or renovation on a Development Site that includes one or more Housing Units and may include Ancillary Uses.

    (m) “Project Entity” means a limited partnership, limited liability company, joint venture, or other legal entity formed to own, lease, finance, develop, or operate a Project, including entities used for tax credit financing or other public or private investment.

    (n) “Residential Use” means the use of land or a building, or any portion thereof, for one or more Housing Units, together with common areas, hallways, lobbies, residential amenities, management offices, and other spaces incidental to residential occupancy. Residential Use includes attached or detached Housing Units, whether rental or owner-occupied.

    Defines the organizations, sites, projects, uses, and approval procedures covered by the Act.

    Faith-Based Organizations may develop housing directly or through a nonprofit affiliate, partnership, limited liability company, joint venture, or development partner. The definitions also allow housing to be combined with child care, education, social services, retail, food distribution, and other supporting uses.

    The federal tax-status definition is influenced by Massachusetts H.2347, while the Project Entity and long-term land-control provisions draw from Maryland HB 538 and Washington law.

    Section 4. Eligibility.

    (a) Projects shall be controlled or sponsored by a Faith-Based Organization, either directly or through a Project Entity. A Faith-Based Organization shall demonstrate site control through fee ownership or a long-term lease, including a ground lease, of no less than 55 years. A Project shall qualify under this Section if the Faith-Based Organization owns, leases, or ground-leases the Development Site to a Project Entity and retains material approval rights over the Project consistent with the Faith-Based Organization’s mission and continued operations on or adjacent to the site.

    (b) Affiliated subsidiaries, nonprofit affiliates, and Project Entities shall be eligible, provided that the Faith-Based Organization satisfies the site control requirements of this Section and is a controlling or sponsoring party to the Project.

    (c) Projects shall be located on a Development Site in zones permitting residential, commercial, institutional, and civic uses, including but not limited to single-family, duplex, and multi-family zones.

    (1) Development Sites situated in zones primarily designated for industrial purposes are excluded, except where residential uses are expressly permitted under the applicable municipal zoning regulations for such industrial areas

    (d) Projects qualifying as Mixed-Use Developments shall include a combination of Residential Use and Ancillary Uses. A minimum of 50 percent of Net Habitable Square Feet shall be dedicated to Residential Uses for Mixed-Use Developments.

    (e) Projects shall comply with all applicable building, fire, health and life safety codes.

    (f) Projects shall comply with the federal Fair Housing Act, 42 U.S.C. §§ 3601 et seq., and all other applicable federal and state nondiscrimination laws.

    Establishes which faith-owned or controlled sites qualify for the Act.
    Projects may be located in residential, commercial, office, institutional, or civic zones, including single-family zones, but primarily industrial sites are excluded unless housing is already permitted there. Mixed-use projects must devote at least half of their habitable floor area to housing.

    The broad zoning coverage is influenced by Massachusetts and Florida, while the ground-lease and development-partner provisions draw from Maryland and Washington.

    Section 5. Preemption.

    (a) This Act shall preempt any local zoning restriction, ordinance, policy, condition, guideline, or other requirement that conflicts with its provisions, and no Local Authority shall enforce any contradictory rule.

    (b) A Local Authority shall not impose any condition, fee, or discretionary requirement on a Project authorized under this Act beyond those that would apply to a comparable by-right project under generally applicable standards.

    (c) A Local Authority shall not apply a regulation or policy specifically to Projects authorized under this Act if the regulation or policy reduces otherwise applicable development allowances, adds regulatory burdens, or alters project eligibility. Any local measure that conflicts with this Act is invalid and unenforceable.

    Prevents local governments from blocking qualifying projects through conflicting zoning rules or special requirements imposed only on faith-based housing.
    Local governments may continue applying the same lawful requirements used for comparable by-right housing, but they may not create a separate or more burdensome approval system. Similar protections against unreasonable local restrictions appear in Massachusetts H.2347 and Maryland HB 538.

    Section 6. Base Incentives and Development Standards.

    (a) A Project on a Development Site that satisfies Section 4 shall be entitled to a density of at least thirty (30) dwelling units per acre, notwithstanding any underlying zoning restriction.

    (1) Each component of any density calculation, including base density and any bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

    (b) If a Local Authority allows greater residential density or building height on the Development Site or an adjoining parcel, the Project shall be entitled to the greatest density and building height otherwise allowed on either parcel.

    (c) Projects on a qualified Development Site shall be permitted a height increase of up to one story or 15 feet above the highest height limit allowed in the zone, and a base floor area ratio (FAR) of 2:1.

    (1) Steeples or non-inhabitable aesthetic or decorative uses shall be permitted an additional height allowance of 15 feet.

    (d) No minimum parking requirements shall be imposed on the Residential Use component or non-residential Ancillary Uses within a Project.

    (e) Notwithstanding any other law, the Local Authority shall not impose any objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically or financially precluding a development built to at least the permitted minimum density or floor area ratio as specified in Section 6.

    (f) Notwithstanding any other law, a Local Authority may apply a zoning, subdivision, or design standard to a Project only if the standard is Generally Applicable and does not physically or financially preclude, reduce, or unreasonably delay the density, floor area ratio, height, or other development capacity authorized by this Act. Without limiting the foregoing, a Local Authority shall not impose any of the following:

    (1) A minimum square footage for Housing Units, unit size requirements, or other dwelling-unit dimensional requirements.

    (2) Mandatory private open space requirements, mandatory amenity requirements, or special sustainability certifications for primary dwelling units.

    (3) A special design feature, amenity, or design mandate unrelated to health, safety, or compliance with the applicable building code.

    (4) A maximum lot-coverage requirement, minimum landscaped-area requirement, or minimum open-space requirement that prevents the Project from achieving the density or floor area ratio authorized by this Act.

    (g) Nothing in this section shall be construed to limit requirements necessary to comply with generally applicable health and safety requirements, including fire and life safety requirements, or any limitations otherwise authorized under this Act.

    Establishes the minimum development rights available to qualifying projects.
    Projects must be allowed at no less than 30 homes per acre, a 2.0 Floor Area Ratio, and the greatest qualifying height or density allowed on the site or an adjoining parcel. The Act also eliminates parking minimums and prevents local standards from making the project impractical.

    The 30-home-per-acre baseline and height structure are influenced by Massachusetts H.2347. Density bonuses for housing on religious or nonprofit land also appear in Washington and Maryland, although this model does not require an affordable-housing set-aside.
    The section also allows additional height for nonhabitable steeples and other religious architectural features.

    Section 7. Review and Approval Process.

    (a) Projects that meet Eligibility criteria shall be subject to ministerial review, with objective standards applied to expedite approvals without discretionary oversight. No public hearing, protest period, discretionary review, variance, special permit, conditional use permit, or similar discretionary approval shall be required. Approval shall be based on objective standards established in existing zoning, subdivision, and design ordinances If no such local standards exist, ministerial approval shall be required by default.

    (b) A Local Authority shall approve or deny an application for a Project under this Act within fifteen (15) days after the application is deemed complete. If the Local Authority fails to approve or deny a completed application within that time, the application shall be deemed approved.

    (c) All building permit reviews, inspections, and approvals shall be conducted concurrently rather than sequentially. Final inspections and permits shall be issued within 60 business days of application, with any required adjustments communicated by the 30th business day.

    Creates a ministerial approval process without hearings, variances, conditional use permits, discretionary design review, or similar approvals.

    A qualifying project must be approved within fifteen days or is automatically approved. Building permits, inspections, and other reviews must proceed concurrently rather than being handled as separate, consecutive steps.

    The by-right structure is influenced by Massachusetts H.2347, while the approval deadlines and automatic-approval remedy are model-policy choices intended to prevent administrative delay.

    Section 8. Enforcement.

    (a) No additional state-level commission approval or local implementing ordinance shall be required to implement the provisions of this Act or to process qualifying Projects under its terms. A Local Authority’s failure to adopt an implementing ordinance shall not relieve that Local Authority of its obligation to comply with this Act. If a Local Authority adopts an implementing ordinance, it shall file that ordinance with the [State housing authority or agency] within thirty (30) days of adoption.

    (b) The [State housing authority or agency] shall monitor compliance with this Act. Each Local Authority shall annually report to the [State housing authority or agency], in a form prescribed by that agency, the number of housing units entitled, permitted, and issued a certificate of occupancy pursuant to this Act during the prior calendar year.

    (c) If the [State housing authority or agency] determines that a Local Authority is not in compliance with this Act, it may refer the matter to the Attorney General, who shall be empowered to take necessary actions to ensure adherence to the provisions of this Act.

    (d) An applicant or property owner aggrieved by a violation of this Act may bring an action in a court of competent jurisdiction to enforce this Act. If the applicant or property owner prevails, the court shall award reasonable attorney’s fees and costs.

    (e) This Act shall be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, the maximum amount of housing.

    Makes the Act effective even if a local government has not adopted an implementing ordinance.

    The state housing agency may monitor compliance and refer violations to the Attorney General. Applicants and property owners may also bring a court action and recover attorney’s fees and costs.

    The self-executing approach is influenced by Florida law. The reporting, state enforcement, and private right of action are included to ensure the housing rights granted by the Act can be enforced in practice.

    Section 9. Severability.

    If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end, the provisions of this Act are severable. It is the intent of the legislature that this Act would have been enacted even if such invalid provision or application had not been included.

    Provides that if one part of the Act is found invalid, the remaining provisions continue in effect.

    Section 10. Effective Date.

    This Act shall take effect on January 1 of the year following enactment.

    Establishes January 1 of the year following enactment as the Act’s effective date.

    Appendix A. Additional Public Benefit Options and Bonus Incentives

    (a) Projects that include an Active Ground Floor with Ancillary Uses shall receive an additional floor area ratio (FAR) bonus of 0.5.

    (b) Projects in which forty percent (40%) or more of the Housing Units contain two or more bedrooms shall qualify for:

    (1) an additional FAR increase of 0.5;

    (2) an additional eleven (11) feet of building height; and

    (3) an increased density to an increased density of at least seventy-five (75) dwelling units per acre;

    (c) Up to 1,500 square feet of Active Ground Floor space intended for Ancillary uses in a Project, shall be exempt from FAR calculations.

    (d) Projects that preserve existing Mature Trees on the Development Site shall be entitled to a height bonus of 11 feet.

    (e) A Project using one or more incentives under this Appendix may combine those incentives up to a floor area ratio of 3.0 and a building height of forty-five (45) feet. Nothing in this Appendix shall reduce or limit any greater density, floor area ratio, building height, or other development entitlement available under Section 6 or local law.

    Provides optional bonuses for projects that include active ground-floor uses, family-sized homes, or preservation of Mature Trees.

    Projects may receive additional Floor Area Ratio, height, or density, but the bonuses may not reduce any greater development right already available. The general use of density incentives is influenced by Washington, Maryland, and Massachusetts, while the specific incentives and bonus amounts are model-policy choices.

    Copy Bill Text

    Lessons from other states

    Faith-based housing legislation has gained significant momentum across the country. California led the way with SB 4 in 2023, followed by Florida's Live Local Act, Virginia's Faith in Housing Act, and Kentucky's HB 333 in the years since. Legislators in more than a dozen states, including Illinois, New York, Massachusetts, Oklahoma, and Rhode Island, have introduced or advanced similar bills, reflecting broad and growing bipartisan interest in putting faith-owned land to work for their communities.

    Faith-based organizations own far more developable land than most people realize and in most states, that land is sitting idle while housing costs climb. Research consistently shows that zoning barriers, not lack of will, are the primary obstacle standing between willing congregations and new homes for their communities.

    Virginia — enacted 2026

    After at least five unsuccessful attempts, Virginia finally passed HB 1279 and SB 388 in 2026 – giving congregations and other nonprofits a clear, by-right path to build affordable housing on land they already own. Del. Joshua Cole (D-65) and Sen. Jeremy McPike (D-29) neutralized opposition by clarifying that developments would pay local property taxes — revenue that tax-exempt places of worship don't otherwise generate. The bill sunsets in 2031, meaning advocates will need to return to the legislature to make it permanent.

    "We've got nonprofit organizations willing to step up and help us with some of our critical need for housing across the commonwealth." — Sen. Jeremy McPike, lead sponsor ARLnow

    "We want to build 90 affordable homes for seniors who we heard were living in their cars on our church property five minutes away from the Metro station so people can live with dignity into their golden years. We spent five years and over half a million dollars navigating the process — five years trying to get permission, not building, just waiting." — Rev. Alice Tewell, Clarendon Presbyterian Church, testifying in support

    • ARLnow — Faith in Housing Bill Crosses Finish Line (Apr 2026)
    • Washington Post — Faith in Housing Bill Clears Path for Church-Based Affordable Housing (Apr 2026)
    • HousingWire — Virginia YIGBY Bill Puts Spanberger Housing Agenda on the Line (Apr 2026)
    California — enacted 2023

    California's SB 4 was the first statewide YIGBY law in the country, enabling up to 40 homes per acre on land owned by religious institutions or nonprofit colleges, subject to affordability and prevailing wage standards, with a bonus height allowance. A UC Berkeley Terner Center analysis found the law could unlock over 171,000 acres of potentially developable land statewide.

    "We need to build 1 million affordable homes in the next 8 years to meet our housing goals, and hundreds of faith communities and nonprofit colleges have excess land that can and should be used for affordable housing." — Sen. Scott Wiener, author of SB 4 CA

    • LAist — LA Churches Want To Build Housing That Ends Homelessness. What's Stopping Them? (Jun 2023)
    • Shelterforce — YIGBY: Unlocking Church-Owned Land for Affordable Housing (Feb 2025) 
    • HousingWire — Virginia Adapts California's Pioneering Church-Land Housing Model (Apr 2026)
    Kentucky — enacted 2026

    Kentucky's HB 333 passed in 2026, allowing religious organizations to build up to 24 units of affordable housing on land they owned prior to 2026, in commercial zones or along primary roads. The bill's sponsor, Rep. Michael Sarge Pollock, noted that faith institutions in Kentucky had long wanted to develop affordable housing but were hampered by restrictive zoning regulations. While the bill is a meaningful first step, its 24-unit cap, 100% income-restricted affordability requirement, and zoning restrictions may make projects difficult to finance without significant subsidy. 

    "Our mission, our call is to help the least of these, the less fortunate. Through some creative planning, we can really, really do some good in the community." 

    — Pastor Findley, Kentucky faith leader (WHAS11)

    • Smart Cities Dive — Kentucky Cuts 'Red Tape' on Affordable Housing from Faith-Based Organizations (Apr 2026) 
    • WHAS11 — New Kentucky Law Aims to Help Churches Create Housing (Apr 2026)
    Florida — enacted 2023, 2025, and 2026

    Florida took a three-step approach to faith-based housing. In 2023, the legislature passed the Live Local Act (SB 102), a landmark housing package that legalized missing middle housing, restricted parking requirements near transit, raised minimum density standards statewide, and extended ministerial approval and property tax abatements to multifamily housing on nonprofit-owned land, including religious institutions. In 2025, Rep. Vicki Lopez championed SB 1730, which gave Local Authorities the option to allow affordable housing on religious land regardless of zoning. In 2026, Live Local 4.0 went further, requiring localities to approve affordable housing on qualifying parcels of 3+ acres with an active house of worship.

    "That's a very big deal if you're a faith-based group wanting to build housing." — Kody Glazer, Chief Legal and Policy Officer, Florida Housing Coalition HousingWire

    Maryland — enacted 2024

    Maryland's HB 538, the Housing Expansion and Affordability Act of 2024, creates a density and permitting pathway for affordable housing on land owned by 501(c)(3) nonprofits, including religious organizations, as part of Gov. Moore's broader housing package. Projects with at least 25% affordable units can exceed local density limits across residential, mixed-use, and nonresidential zones.

    Maryland's bill is broader than a faith-specific YIGBY law, and stops short of full by-right (no process necessary) approval and parking relief. However, the Mercatus Center noted that its affordability requirements made the bill practically available only to projects using dedicated affordable-housing funding like LIHTC, a gap our model legislation is designed to close.

    • Maryland Matters — Moore's Last Housing Bill Finally Receives House Approval (Mar 2024)
    • Maryland DHCD — Preparing Partners for Implementation (Aug 2024)
    • DHCD FAQ — Housing Expansion and Affordability Act FAQ
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