HB 1279 Virginia House of Delegates · 2026 Regular Session

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

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.

Issues: ✓ Housing

Bill status vetoed 4 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Mar 2026

House of Delegates Passage

Mar 2026

Senate Passage

Mar 2026

Vetoed

Apr 2026

Introduced Jan 14, 2026 Vetoed Apr 13, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

Local Government Substitute → Engrossed · 6 edits · Mar 4, 2026

MODERATE

The bill was amended to simplify the approval process for affordable housing projects on religious and nonprofit land, replacing complex density and setback rules with a streamlined administrative review capped at 60 days. The changes also removed the requirement that 60% of units must be affordable for 30 years, instead mandating that 60% be affordable for 50 years without specifying an income threshold. Additionally, the bill now excludes properties adjacent to 'heavy industrial' zones from these protections and added a sunset provision requiring reenactment in 2027.

Scope change

The bill's scope was narrowed by adding an exemption for properties adjacent to heavy industrial zones and by removing the specific exclusion for parcels near Air Installation Compatible Use Zones.

REQUIREMENT

Replaced complex dimensional requirements (height, density, setbacks) with a streamlined administrative approval process that must be completed within 60 days or deemed approved after 90 days.

Changed the affordability requirement from 'at least 60% of units affordable for 30 years' to 'at least 60% of units affordable for 50 years' without specifying an income limit.

ELIGIBILITY

Narrowed the exemption for properties near military installations to only those adjacent to 'heavy industrial' zones, removing the previous blanket exclusion for Air Installation Compatible Use Zones.

TIMELINE

Added a sunset clause requiring the bill to be reenacted by the 2027 General Assembly session to remain in effect.

DEFINITION

Updated the definition of 'Subdivision' to include specific formatting changes and clarified the boundary line agreement provisions.

TECHNICAL

Corrected formatting inconsistencies in section headers and citation numbers throughout the text.

Introduced → Local Government Substitute · 7 edits

MODERATE

This bill was converted from a House version to a Senate substitute, which significantly expanded the requirements for affordable housing projects on tax-exempt religious and nonprofit land. The new version mandates that at least 60% of units be affordable to low-to-middle-income earners for 30 years, imposes strict environmental and utility availability checks, and sets specific minimum building heights and densities. It also clarifies that these rules apply to all mixed-use or residential projects by these organizations, regardless of previous local zoning laws.

Scope change

The bill's scope expanded from allowing development on tax-exempt land to specifically targeting 'mixed-use or residential projects' by 501(c)(3) organizations, removing the ability of localities to require discretionary reviews like rezoning for these specific projects.

ELIGIBILITY

Eligibility is now limited to projects owned continuously for five years by 501(c)(3) nonprofits or religious organizations, and explicitly excludes properties adjacent to active industrial zones.

REQUIREMENT

Affordability requirements were tightened to require 60% of units be affordable to households earning up to 120% of the area median income for 30 years, replacing the previous 50-year term.

New mandatory conditions require existing public water and sewer lines within 500 feet and compliance with all environmental, archaeological, and transportation laws.

Minimum building height requirements were standardized to 45 feet (or the height of the tallest nearby building), and minimum density was set at 20 units per acre.

New provisions require projects to be open to the general public and allow up to 30% of the building for non-residential uses like clinics or coffee shops.

ENFORCEMENT

Localities are now authorized to require proof that all tax liens and utility fees are paid before approving any special permits or development plans.

EXEMPTIONS

A new exemption was added for parcels located within Air Installation Compatible Use Zones near military bases.

Floor votes · Senate Mar 3, 2026 · House of Delegates Feb 5, 2026

How they voted

39–0

Passed

Total votes 39

Mar 3, 2026

D Democratic20

20 Yea

100% Yea

R Republican19

19 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 13, 2026

Vetoed

Governor's recommendation received by House

executive

Mar 31, 2026

Lower · Passed

Signed by Speaker

lower

Mar 30, 2026

Upper · Passed

Signed by President

upper

Mar 30, 2026

Lower · Passed

Bill text as passed House and Senate (HB1279ER)

lower

Mar 14, 2026

Lower · Passed

Conference report agreed to by House (54-Y 41-N 0-A)

lower

Mar 13, 2026

Upper · Passed

Conference report agreed to by Senate (23-Y 16-N 0-A)

upper

Mar 13, 2026

Legislature · Passed

Conference Report released

legislature

Mar 10, 2026

Committee

Senate requested conference committee

upper

Mar 4, 2026

Upper · Passed

Passed Senate with substitute (21-Y 17-N 0-A)

upper

Mar 3, 2026

Upper · Passed

Passed by for the day Block Vote (Voice Vote)

upper

Mar 2, 2026

Upper · Passed

Reported from Local Government with substitute (9-Y 6-N)

upper

Feb 6, 2026

Committee

Referred to Committee on Local Government

upper

Feb 5, 2026

Lower · Passed

Read third time and passed House (60-Y 36-N 0-A)

lower

Feb 4, 2026

Introduced

Engrossed by House as amended

lower

Feb 4, 2026

Lower · Passed

committee amendments agreed to

lower

Jan 30, 2026

Lower · Passed

Reported from Counties, Cities and Towns with amendment(s) (13-Y 8-N)

lower

Jan 29, 2026

Lower · Passed

Subcommittee recommends reporting with amendment(s) (5-Y 3-N)

lower

Jan 28, 2026

Committee

Assigned HCCT sub: Subcommittee #2

lower

Jan 14, 2026

Committee

Referred to Committee on Counties, Cities and Towns

lower

Jan 14, 2026

Introduced

Presented and ordered printed 26104765D

lower

1 primary · 10 co-sponsors