Edit: HB1279_Affordable_housing_religious_organizations_and_other_nonprofit_tax-exempt_properties

Markdown Content:

= HB1279 Affordable housing; religious organizations and other nonprofit tax-exempt properties. =

== Status ==
[https://house.vga.virginia.gov/subcommittees/H07002/agendas/5252 Counties, Cities and Towns — Subcommittee — 2026]

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== Overview ==

=== Summary as Introduced ===

Affordable housing; religious organizations and other nonprofit tax-exempt properties. Allows for the by-right development and construction of housing on land owned by property tax-exempt religious organizations or certain 501(c)(3) nonprofit organizations. Requires that such housing developments be approved administratively and prohibits localities from requiring special exceptions, special use permits, conditional use permits, rezonings, or other discretionary review processes.

The bill requires that at least 60 percent of units be affordable and that affordability be preserved for a minimum of 50 years. All completed housing is subject to local real property taxation unless explicitly exempted by the locality. The bill establishes minimum height, density, and parking standards and provides a delayed effective date of September 1, 2026.

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=== Patrons ===

==== House Patrons ====
• Joshua G. Cole (chief patron)
• Shelly Simonds

==== Senate Patrons ====
• None

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== Language ==

The language of [https://lis.virginia.gov/bill-details/20261/HB1279/text/HB1279 HB1279] can be viewed here.

<hr>

== Opening Statement ==

=== House Subcommittee Statement ===

NOTE: Deliver this in a sermon-style format. Perform for the camera. Do not back down.

MOVE LINE AMENDMENTS — Submitted to Jeff Sharpe / Counsel

What the amendments do—

1) it brings the bill in line with SB388 (McPike).

2) Adds a limited preemption clause to subsection A, clarify that affordability applies to households at or below income limits and must be formally recorded, and allow higher minimum densities in designated revitalization areas. They also add a setback cap and narrow the local authority by tightening and trimming the dimensional standards language in subsection D

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Madam Chair, members of the subcommittee—

HB1279 creates a by-right, administrative approval path for affordable housing on land owned by property tax-exempt religious organizations and certain 501(c)(3) nonprofits. It bars discretionary zoning hurdles like SUPs, rezonings, or special exceptions, requires 60% of units affordable for 50 years, makes the completed housing taxable unless locally exempted, and takes effect September 1, 2026.

That's what the bill does, but I want to speak to what this bill is: it's not just about zoning, it's a bill about what we mean when we talk about "community," about "faith," about "justice."
 
Because for decades in this Commonwealth, we have mastered the art of delay.
 
And all the while, the question remains unanswered:

Where are the houses?
Where are the homes?
Where is the shelter for God’s people?

Luke 9:58...
<blockquote>
Foxes have holes, and birds of the air have nests; but the Son of Man has nowhere to lay his head."
</blockquote>

So will we listen to the Son of Man?

Matthew 25:35...
<blockquote>
I was hungry, and you gave me food.
I was thirsty, and you gave me drink.
I was a stranger, and you welcomed me.
</blockquote>

He did not say, “I was hungry, and you formed a committee.”
He did not say, “I was homeless, and you scheduled another hearing.”
He did not say, “I was poor, and you told me to wait.”

He said: You welcomed me.

HB 1279 is about whether we still believe that... or not.

This bill says something very simple:
If a church, a synagogue, a mosque, or a nonprofit owns land, and they want to use that land to house working families, seniors, veterans—they should not have to spend years begging permission to do the right thing.

This bill says:
If you want to serve the poor, we will not stand in your way.

Because let’s be honest... our housing shortage did not fall from heaven, it's a product of man.

It was designed.

It was planned.

It was written into law.

They drew red lines. They segregated uses... they segregated people: exclusionary zoning.

Communities boxed out.
Neighborhoods erased.
People told: “You do not belong here.”

And then we called it “order.”
We called it “character.”
We called it “property values.”

But the Bible calls it something else.

James 5:4...
<blockquote>“The wages you failed to pay the workers who mowed your fields are crying out against you.”</blockquote>

Those cries are still ringing.

They are ringing in the overcrowded tenements.
They are ringing in the car where a man spends another freezing night.
They are ringing in the stories of the families that moved out the block cause they got priced out.
 
And too often, our response has been polite sympathy and practical inaction.

We say, “Yes, housing is a problem.”
We say, “Yes, we care.”
We say, “Yes, something should be done.”

But when it is time to build—

Suddenly, it’s too tall.
Too dense.
Too different.
Too difficult.

HB 1279 rejects that...

It says: Faith without works is dead.

It says: If you claim authority, then you must deliver.

It says: it's time to let those who are willing provide housing to the Commonwealth.

I ask you to report this bill.

<hr>

=== House Committee Statement ===
n/a

=== Floor Statement ===

Mr. Speaker, HB1279 lets faith groups use their land to build homes. It removes barriers. It gives communities more tools to help their neighbors.

It also includes a reenactment clause. The law will only go into effect if the 2027 General Assembly approves it again.

I hope it will be the will of the body to engross the bill and pass it to its third reading.

=== Senate Subcommittee Statement ===
n/a

=== Senate Committee Statement ===
n/a

=== House Floor (Senate Substitute) ===

Mr. Speaker, the Senate substitute to HB1279 makes several changes to the bill.

This substitute modifies infrastructure requirements by allowing projects where water and sewer lines are located within 500 feet of the property line, clarifies that projects must comply with state, federal, and local environmental and archaeological protections, and standardizes setbacks at 10 feet or half the building height where applicable. It also adds exclusions for properties within military Air Installation Compatible Use Zones and clarifies that the bill does not alter existing legal authority to protect historic districts or archaeological resources.

I move that the House reject the Senate substitute and request a conference committee so that we may resolve the differences between this bill and its Senate cognate.

=== House Conference Statement ===

The HB1279, Faith in Housing, conference report reflects the work of many stakeholders who came together to work out a compromise while keeping the bill’s core mission intact. I want to thank the hard work they've done on this bill. In order to address some of the remaining concerns the report makes three changes:

First, it adds a delayed enactment of January 1, 2027, giving localities time to prepare.

Second, it establishes a four-year sunset so the General Assembly can evaluate how the policy works.

Third, it excludes projects already moving through the rezoning process, ensuring current efforts are not disrupted.

These changes show that we listened and worked toward compromise.

While some may say not in my backyard, today we can say yes in God’s backyard.**

<hr>

== Support and Opposition ==

=== Support ===
• Faith-based housing advocates
• Commonwealth Housing Coalition
• VOICE and allied faith organizations

Faith in Housing Legislation Ex…

=== Opposition ===
• (To be updated)
• Some local government associations (concerns regarding local control)

=== No Recommendation ===
• (To be updated)

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== Fiscal Impact ==

There is no published fiscal impact statement for HB1279.

Because housing constructed under the bill becomes subject to local property taxation upon completion, the bill may result in net positive local revenue over time.

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== Possible Questions ==

This section addresses likely questions raised by members or stakeholders.

=== TL;DR ===

Q1: “Does this override local zoning?”
TL;DR: It creates a limited by-right pathway for qualifying faith and nonprofit land, while preserving building and safety codes.

Q2: “Is this a giveaway to churches?”
TL;DR: No. Developments must provide long-term affordable housing and are taxable.

Q3: “Does this eliminate public input?”
TL;DR: It streamlines approval but retains administrative review and compliance requirements.

Q4: “Will this hurt neighborhood character?”
TL;DR: The bill sets contextual height and density standards tied to surrounding development.

Q5: “Why require 60% affordability?”
TL;DR: To ensure the policy delivers meaningful public benefit, not market-rate windfalls.

=== Q1: “Does this override local zoning authority?” ===

What’s true: The bill requires qualifying developments to be permitted by-right.

What’s incomplete: Localities retain authority over building codes, health and safety standards, and administrative review.

Answer you can use: HB1279 does not eliminate zoning. It creates a targeted pathway for land already owned by tax-exempt faith and nonprofit organizations to produce affordable housing without discretionary barriers.

=== Q2: “Is this a subsidy or special treatment?” ===

What’s true: The bill creates special zoning treatment for qualifying properties.

What’s misleading: The benefit is conditioned on long-term affordability and taxation.

Answer you can use: This is not a giveaway. In exchange for streamlined approval, developers must provide at least 60% affordable units for 50 years and pay property taxes.

=== Q3: “Does this remove community input?” ===

What’s true: The bill limits discretionary hearings.

What’s omitted: Administrative review, code compliance, and appeal rights remain.

Answer you can use: The bill replaces unpredictable political processes with professional, standards-based review.

=== Q4: “Will this lead to oversized buildings?” ===

What’s true: The bill establishes minimum height and density allowances.

What’s incomplete: Standards are tied to surrounding development patterns.

Answer you can use: Projects must align with nearby built form and remain subject to the Uniform Statewide Building Code.

=== Q5: “Why is long-term affordability required?” ===

Answer you can use: The 50-year requirement ensures that public benefits persist across generations and prevents short-term conversions to market-rate housing.

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== Additional Information ==

1. Faith institutions face high barriers to housing development
• Many congregations report multi-year rezoning processes
• Legal and consulting costs often exceed six figures
Policy implication: Streamlining reduces financial and administrative waste.

Faith in Housing Legislation Ex…

2. The bill builds on prior “Yes in God’s Backyard” efforts
• Similar legislation introduced in 2024 and 2025
• Broad support from housing and faith coalitions
Policy implication: HB1279 reflects an established reform trajectory.

3. Long-term affordability protects public investment
• 60% affordability
• 50-year minimum
Policy implication: Ensures sustained housing supply rather than short-term gains.

4. Housing supply is a primary driver of affordability
• Insufficient supply drives rent inflation
• Faith-owned land is often underutilized
Policy implication: Unlocking existing land accelerates production.

5. The bill balances access with accountability
• Administrative approval
• Nondiscrimination requirements
• Taxation provisions
Policy implication: Promotes equity while preserving public safeguards.

6. Workforce and community stability benefits
• Supports teachers, service workers, and caregivers
• Reduces displacement
Policy implication: Housing policy is economic policy.

7. Alignment with statewide housing goals
• Supports state affordability and workforce strategies
• Reduces reliance on public subsidies
Policy implication: Leverages private and nonprofit assets for public benefit.

8. Consistency and predictability improve outcomes
• Reduces litigation risk
• Encourages nonprofit participation
Policy implication: Clear rules promote responsible development.

[[Category:2026 Session]]