Virginia approves HB1279, expanding by-right housing on religious and nonprofit properties

Legislation sponsored by State Del. Joshua G. Cole has cleared both chambers, enabling tax-exempt religious organizations and nonprofit landholders to pursue by-right housing development with affordability stipulations and streamlined local procedures, as stated by the Virginia State House.

The bill earned final passage on March 30, 2026, after a 60-36 vote in the House and a 21-17 vote in the Senate.

Filed as HB1279 on Jan. 14, 2026, for the 2026 regular session, the legislation was described by the state legislature: “Affordable housing; religious organizations and other nonprofit tax-exempt properties.”

Below is our summary of the full bill text, with further explanation for clarity.

Essentially, the measure directs local zoning law to permit by-right housing projects on parcels held for at least five years by tax-exempt religious entities or 501(c)(3) nonprofits. Projects receive only administrative review, requiring no discretionary entitlements, rezoning or special permits. Localities must review applications within 60 days, after which they are automatically approved if no decision follows in 90 days. The law requires at least 60% of units remain affordable for 50 years, makes completed housing subject to local real estate tax unless otherwise exempt, and enforces compliance with fair housing standards. It grants minimum allowances for height, density, and parking, permits diverse housing types with optional ground-floor community space, prohibits development near working heavy industry, and takes effect Sept. 1, 2026.

In the House, the bill was supported by 58 Democrats and two Republicans, while four Democrats and 32 Republicans opposed it.

Senate approval included votes from 20 Democrats and one Republican, with opposition from 17 Republicans.

The sponsor list includes Del. Joshua G. Cole (Democrat-65th District), Del. Adele Y. McClure (Democrat-2nd District), and Del. Irene Shin (Democrat-8th District), alongside eight additional sponsors.

Cole, a Democrat representing the 65th House district since his 2024 election, succeeded Lee Ware.

Virginia’s legislative process begins with a bill submitted to the House or Senate, assigned committee review for amendments or discussion. Approved measures move to full chamber debate. Passage by both chambers sends a bill to the governor for signing, veto, or enactment without signature. The General Assembly meets starting the second Monday in January, introducing several hundred bills annually with only some becoming law.

Information in this article was obtained from the Virginia State House. The source data can be found here.