In April 2026, the Virginia Governor signed new legislation into law. "Faith in Housing," known formally as Affordable Housing Projects on Religious Organizations and Other Nonprofit Tax-Exempt Properties, requires local governments to allow qualifying affordable housing projects by-right. Visit the Virginia Legislative Information System for more information.
Arlington County staff are reviewing what is required for compliance to process the by-right review.
What does by-right mean?
If a proposed development complies with all applicable zoning, building, safety, and other regulatory requirements, it is reviewed and approved administratively by staff and no public notification is required. If all requirements are met, it must be approved. This type of approval process is referred to as “by-right.” No rezoning, special exception, or other approval by the County Board is required.
Who Does This Law Apply to?
To be eligible for development under this law, the applicant must be a property tax-exempt religious organization or a 501(c)(3) property tax-exempt nonprofit organization. An eligible organization must own the property proposed for development for at least 5 continuous years before applying.
This new law becomes effective January 1, 2027, and expires January 1, 2031.
January TBD
Planning Commission
Public Hearing
County Board
Frequently Asked Questions
As part of staff’s continuing work to respond to state legislation that was passed during the most recent Legislative Session, staff identified a new zoning study to address administrative review of affordable housing development on tax exempt properties owned by religious or 501(c)(3) nonprofit organizations for at least five years.
With the adoption of the initiating resolution, staff will proceed with scoping and/or analysis efforts and the development of draft zoning amendments for this topic. Initiation of these amendments is intended for procedural purposes only to commence work. Later this year, proposed amendments to the Arlington County Zoning Ordinance will be advertised for future public hearings to be held by the Planning Commission and County Board.
Residential and mixed-use projects incorporating minimum required amounts of affordable housing and non-residential uses associated with the religious or non-profit uses and some accessory uses related to the primary ground floor use.
If a project qualifies, local governments must allow the following:
At least 60% of all housing units must be affordable at:
The affordability must remain in place for at least 30 years. The housing must follow fair housing and nondiscrimination laws.
To receive by-right approval under this new law, an applicant must fully comply with the provisions of the law. If additional height or density is preferred, this would be allowed only subject to provisions in the zoning district in which the property is located and may require public review and County Board approval. Applicants may choose to either develop under the provisions of this law or other provisions in the subject zoning district, but not both.
No, the Virginia Code prohibits local jurisdictions from imposing additional barriers to approval.
At this time, staff is completing the work necessary to come into compliance with Virginia Code. Additional height and density is already permitted in many areas of the County consistent with the County’s General Land Use Plan and Sector and Area Plans. Additional study to evaluate where additional height and density may be appropriate has not been initiated.
As with other by-right development, Virginia Code does not require notification. Community members can review the County’s Quarterly Development Tracking page, which captures new development across the County.
Permitting information can be obtained through Permit Arlington.
No, Virginia Code prohibits local jurisdictions from imposing additional barriers to approval.
As with all potential development, staff is available to discuss the provisions of the Zoning Ordinance and County approval processes. However, staff cannot act as a development advisor. Potential applicants should seek out competent advisors who have experience with affordable housing development in Arlington or elsewhere in the country.
Applications will be reviewed following submittal of a building permit and other applicable permits (which may include, but are not limited to trade, land disturbing activity, demolition, etc. permits). See the Permits webpage for more information.
ACZO §3.1.6 regulates measurement of building height.
Per the Virginia Code: for the purpose of determining the eligible building height, the distance between the proposed building and any existing building. For the purpose of determining the eligible density, the measurement would be between the property line of the proposed development site and the property line of the nearby existing development.
The law does not eliminate health, safety, or environmental reviews. Projects must still comply with:
housingarlington@arlingtonva.us