Virginia "Faith in Housing" Law

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.

Public Process

Timeline  Milestone / Meeting  Materials 
October 17, 2026  Initiating Resolution
November/December TBD
Planning Commission's Zoning Ordinance Committee (ZOCO)   
December TBD County Board review of the Request to Advertise (RTA)  

January TBD

Planning Commission

Public Hearing

January TBD

County Board

Public Hearing

 

Frequently Asked Questions

Why is this happening now?

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.  

What happens after the initiating resolution?

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.

What type of projects are allowed?

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.

What by-right development standards are allowed in this law?

If a project qualifies, local governments must allow the following:

  • Building Height: 45 feet tall, or the height of the tallest existing by-right building within 500 feet (whichever is greater). Historic districts may have different height limits and staff are currently evaluating how this might apply in Arlington.
  • Density: At least 20 housing units per acre, or the highest existing residential density within 500 feet from the property line.
  • Setbacks:10 feet or the least setback of nearby development within 500 feet.
  • Housing Types: Mixed-use or residential development that can include a variety of housing types, including detached, attached, and multifamily housing units.
  • Parking: 
    • Residential uses: One parking space per housing unit or the minimum required by the Zoning Ordinance, whichever is less. 
    • Non-residential uses: One parking space per 300 square feet or the minimum required by the Zoning Ordinance, whichever is less. This requirement will apply to both existing and new non-residential uses within the project site.  

How much affordable housing must be provided?

At least 60% of all housing units must be affordable at:

  • Rental - 80% of the Area Median Income (AMI)
  • Ownership: 120% of the Area Median Income (AMI)

The affordability must remain in place for at least 30 years. The housing must follow fair housing and nondiscrimination laws.

Can a religious or non-profit applicant request more height or density than allowed per the new law?

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.

Can the County impose additional restrictions on how or where this development can occur?

No, the Virginia Code prohibits local jurisdictions from imposing additional barriers to approval.

Why has the County not proposed additional height or density to make projects more feasible?

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.

Will the community be informed when an application for redevelopment by a religious or non-profit property owner is submitted or approved?

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.  

How can the community get information about a pending application?

Permitting information can be obtained through Permit Arlington.

Can the County require meetings for community review or require the applicant to notify the neighboring civic association(s)?

No, Virginia Code prohibits local jurisdictions from imposing additional barriers to approval.

Information for Religious or Non-Profit Property Owners Considering Redevelopment

What advisory services can the County provide to religious or non-profit organizations considering housing development?

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.

What is the application and/or review process for redevelopment proposals?

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.

How would the 45’ building height be measured?

ACZO §3.1.6 regulates measurement of building height.

How would the 500-foot distance be measured?

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.

What other requirements still apply?

The law does not eliminate health, safety, or environmental reviews. Projects must still comply with:

  • Building code
  • Stormwater regulations (Chesapeake Bay Preservation Ordinance)
  • Water and sewer requirements
  • Historic preservation standards
  • Archaeological protections
  • Environmental and wetland regulations  
  • Road and transportation requirements
  • All other Virginia and Federal Laws