Faith in Housing Act Overrides Local Zoning for Affordable Housing on Church Lands; Locks in 30-Year Affordability

The newly introduced Faith in Housing Act of 2025 aims to tackle the housing crisis by giving religious organizations the green light to bypass local zoning rules when building affordable housing on their property. Think of it as a federal fast-pass for faith-based affordable development.

The Federal Zoning Override: What It Means

This bill cuts straight to the core issue: the shortage of affordable homes. It states that if a recognized house of worship (like a church, mosque, or synagogue) wants to build or substantially renovate affordable housing on land they’ve owned since early 2023 or for at least five years, they can override conflicting state or local zoning rules. The trigger for this preemption is broad: the project must either affect interstate commerce or use federal money. Once the religious group sends written notice to the local government that they are using this new federal authority, most local restrictions are nullified. This means density limits, height restrictions, and requirements for specific housing types that often delay or kill projects could be ignored. For local planning departments, this is a major shift, as their authority over these specific parcels of land is significantly reduced.

The Fine Print on 'Affordable'

If a religious group uses this federal override, the housing project must meet strict affordability criteria, and this status must be locked in for 30 years via a deed restriction. Here’s the key breakdown: while the average rent or mortgage across all units must be affordable to low-income families, every single unit must be affordable to someone making 140% of the Area Median Income (AMI) or less. For example, if the AMI in your city is $80,000, no unit could be priced for someone making more than $112,000. This 30-year lock-in is a big win for long-term housing stability, ensuring these units don't flip to market rate after a few years.

Safety vs. Planning: Where Locals Still Have a Say

Local authorities aren't completely out of the picture. The bill makes an important distinction: local rules designed to prevent “site-specific hazards” like floods, landslides, or wildfires are not overridden. However, this exception only applies if those safety rules are applied equally to all other new housing built in that area. So, if a church wants to build apartments in a flood zone, they still have to follow the same flood mitigation rules as everyone else. Furthermore, local governments retain the right to inspect the completed housing to ensure it meets basic building codes. The bill also allows for small non-residential uses, such as a non-profit childcare center for residents and the community, and up to 5% of the units can be set aside for the house of worship's employees, provided they still comply with the Fair Housing Act.

The Real-World Trade-Off

This legislation presents a clear trade-off. On one hand, it’s a powerful tool to generate desperately needed, long-term affordable housing, often in areas where restrictive zoning has made development impossible. Faith-based organizations often have land in established neighborhoods, making them ideal partners for this kind of infill development. On the other hand, it significantly undermines local control. If you live next to a qualifying property, your local elected officials and planning boards will have very little say over the size or density of the new project, which could strain local infrastructure like roads, schools, and water systems. The bill prioritizes the immediate need for housing over the local community’s ability to plan and manage growth.