VirginiaHB12792026 Regular SessionHouseWALLET

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

Sponsored By: Joshua G. Cole (Democratic)

Became Law

Summary

Affordable housing; religious organizations and other nonprofit tax-exempt properties. Allows for the administrative approval of development and construction of housing on land owned by property tax-exempt religious organizations or certain property tax-exempt nonprofit organizations and provides that zoning ordinances shall allow the by-right development and construction of housing on real property owned by such organizations, subject to various conditions and limitations. The bill provides that the review of such developments be completed pursuant to general law and states that localities shall not require a special exception, special use permit, conditional use permit, rezoning, or any discretionary review or approval process. The bill requires that at least 60 percent of the housing development's total units be for affordable housing and that the housing development remain affordable for at least 30 years. The bill also provides that all such housing is subject to local real property taxation following completion, unless explicitly exempted by the locality. The bill has a delayed effective date of January 1, 2027, and expires on January 1, 2031. This bill is identical to SB 388.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 1 costs, 0 mixed.

By-right housing on faith and nonprofit land

Beginning January 1, 2027, religious groups and 501(c)(3) nonprofits can build housing by right on land they have owned for at least five years. No rezoning or special exceptions are needed; normal site-plan and subdivision reviews still apply. At least 60% of homes must be affordable for 30 years: rentals at or below 80% of area median income, and for-sale homes up to 120% of area median income. Homes must be open to the public and follow fair housing rules, and the site must have public water and sewer service (or be in a planned service area). This pathway does not apply on industrial-zoned or adjacent land, or inside certain military flight zones. Localities may also set up an administrative approval process to speed these projects. This authority ends January 1, 2031.

Minimum height, density, and parking for nonprofit housing

From January 1, 2027 through January 1, 2031, qualifying faith or nonprofit housing projects get baseline local rules. Buildings can be at least 45 feet tall or as tall as the tallest building within 500 feet; density is at least 20 units per acre or the most intensive nearby. Setbacks can be as small as 10 feet or match the smallest nearby. At least 70% of floor area must be housing; nonresidential uses are capped at 30%. Parking for homes is capped at one space per unit (or fewer if local rules already allow less). Localities cannot add extra floor-area ratio, minimum unit size, or minimum lot size for these projects. Historic districts can still control height, and industrial areas are excluded.

Pay local liens before building permits

Starting January 1, 2027, localities may require proof that any delinquent local liens on a property are paid before they accept or finally approve key land-use permits. This can include unpaid real estate taxes, nuisance charges, stormwater fees, and other charges that are liens. It applies to rezonings, special permits, variances, building permits, and erosion or other land-disturbing permits. The treasurer can allow an exception. This authority ends January 1, 2031.

Sponsors & Cosponsors

Sponsor

  • Joshua G. Cole

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 350 • No: 276

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 23 • No: 16

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 62 • No: 38

House vote 3/14/2026

Conference report agreed to by House

Yes: 54 • No: 41

Senate vote 3/13/2026

Conference report agreed to by Senate

Yes: 23 • No: 16

Senate vote 3/10/2026

Senate insisted on substitute Block Vote

Yes: 40 • No: 0

House vote 3/6/2026

Senate substitute rejected by House

Yes: 0 • No: 95

Senate vote 3/4/2026

Local Government Substitute agreed to

Yes: 0 • No: 0

Senate vote 3/4/2026

Passed Senate with substitute

Yes: 21 • No: 17

Senate vote 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/3/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/2/2026

Reported from Local Government with substitute

Yes: 9 • No: 6

House vote 2/5/2026

Read third time and passed House

Yes: 60 • No: 36

House vote 1/30/2026

Reported from Counties, Cities and Towns with amendment(s)

Yes: 13 • No: 8

House vote 1/29/2026

Subcommittee recommends reporting with amendment(s)

Yes: 5 • No: 3

Actions Timeline

  1. Senate concurred in Governor's recommendation (23-Y 16-N 0-A)

    4/22/2026Senate
  2. House concurred in Governor's recommendation (62-Y 38-N 0-A)

    4/22/2026House
  3. Acts of Assembly Chapter text (CHAP1096)

    4/22/2026Governor
  4. Reenrolled bill text (HB1279ER2)

    4/22/2026House
  5. Approved by Governor-Chapter 1096 (Effective 1/1/2027)

    4/22/2026Governor
  6. Signed by President

    4/22/2026Senate
  7. Signed by Speaker

    4/22/2026House
  8. Governor's recommendation adopted

    4/22/2026Governor
  9. Governor's recommendation received by House

    4/13/2026Governor
  10. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  11. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  12. Signed by Speaker

    3/31/2026House
  13. Bill text as passed House and Senate (HB1279ER)

    3/30/2026House
  14. Enrolled

    3/30/2026House
  15. Signed by President

    3/30/2026Senate
  16. Conference report agreed to by House (54-Y 41-N 0-A)

    3/14/2026House
  17. Conference report agreed to by Senate (23-Y 16-N 0-A)

    3/13/2026Senate
  18. Conference Report released

    3/13/2026
  19. Conferees appointed by Senate

    3/12/2026Senate
  20. Senate Conferees: McPike, Aird, Reeves

    3/12/2026Senate
  21. House Conferees:Cole, J.G., Helmer, Morefield

    3/11/2026House
  22. Conferees appointed by House

    3/11/2026House
  23. House acceded to request

    3/11/2026House
  24. Senate insisted on substitute Block Vote (40-Y 0-N 0-A)

    3/10/2026Senate
  25. Senate requested conference committee

    3/10/2026Senate

Bill Text

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