VirginiaHB12792026 Regular SessionHouseWALLET

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

Sponsored By: Joshua G. Cole (Democratic)

Signed by Governor

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

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

Easier nonprofit housing approvals, with limits

Beginning January 1, 2027, Virginia localities with zoning rules must allow qualifying residential and mixed-use projects without rezoning or discretionary approval. This approval path expires January 1, 2031. A tax-exempt religious organization or tax-exempt 501(c)(3) nonprofit must have owned the land continuously for five years before applying. At least 60% of homes must be affordable, with legally binding protections lasting at least 30 years. Affordable rentals serve households earning no more than 80% of area median income; homes for sale allow up to 120%. Housing must occupy at least 70% of total floor space. Completed housing is subject to local real property taxes. Local rules must allow heights of at least 45 feet, or the tallest existing building within 500 feet, whichever is greater. A historic-district exception applies. Allowed density must reach at least 20 homes per acre, or the highest existing residential density within 500 feet, whichever is greater. Required setbacks cannot exceed 10 feet, or the smallest existing setback within 500 feet, whichever is less. Localities cannot impose conflicting use, height, or density limits, or extra floor-area-ratio, minimum-home-size, or minimum-lot-size requirements. Required parking cannot exceed one space per home or one per 300 square feet of nonresidential space. Lower local parking minimums apply instead. Industrial-zoned land, land next to industrial-zoned land, and specified military-airfield compatibility areas are excluded. Projects need public water and sewer service, or a location within a planned service area. Housing must be open to the general public and follow fair-housing rules. Projects must also follow applicable environmental, historic, siting, and archaeological rules. This path excludes rezoning, special-exception, and special-use applications submitted before July 1, 2026. It also excludes qualifying housing permits approved before January 1, 2027.

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

House vote • 4/22/2026

House concurred in Governor's recommendation

Yes: 62 • No: 38

Senate vote • 4/22/2026

Senate concurred in Governor's recommendation

Yes: 23 • No: 16

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

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote • 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • 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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