Faith in Housing Act of 2025
The Faith in Housing Act of 2025 would let houses of worship use their land to build or rehabilitate affordable housing, by preempting conflicting state and local land-use laws. When a house of worship with faith land chooses to invoke the Act, its project can proceed if it meets specific affordable-housing standards (including long-term affordability, income targeting, and certain building-code requirements) and is linked to interstate commerce or federal funding. The bill creates a private right of action to enforce these provisions, updates attorney-fee rules to support enforcement, and requires the owner to give written notice before invoking the Act. Overall, the measure is aimed at increasing housing supply on faith lands while preserving limited local oversight and safety checks. The proposal defines several terms (affordable housing, faith land, house of worship) and outlines what counts as “affordable” (deed-restricted, long-term, within income limits, and compliant with building standards). It also allows limited non-residential uses (like childcare) and a small employee set-aside, with adherence to the Fair Housing Act. Local jurisdictions may inspect units for compliance, but the Act preempts only the portions of state/local law that are inconsistent, subject to narrowly tailored protections against site-specific hazards. The reforms would apply only if the landowner provides written notice of its intent to use the Act.
Key Points
- 1Preemption and access to faith land: If a house of worship chooses to invoke the Act, it has sole discretion to construct or substantially rehabilitate affordable housing on faith land, provided the project affects interstate/foreign commerce or uses Federal assistance. State and local laws that conflict with this authority are preempted to the extent of the conflict.
- 2Strong affordability standards: Affordable housing must meet building-code requirements, be deed-restricted to remain affordable for a range of AMI, stay affordable for 30 years, and generally keep units at or below 140% of the area median income on average. It may include limited non-residential uses and up to a small employee set-aside, with compliance to the Fair Housing Act.
- 3Faith land definition and scope: Faith land is land owned by a house of worship either as of January 1, 2023, or owned for at least five years. A house of worship is a church or certain IRS-designated religious groups.
- 4Enforcement and remedies: Individuals can sue to enforce the Act and obtain injunctive or declaratory relief. The bill also adds the Faith in Housing Act of 2025 to the fee-shifting provision in 42 U.S.C. 1988(b), enabling prevailing parties to recover attorneys’ fees.
- 5Notice and applicability: The Act applies only after the landowner provides written notice of its intention to invoke the Act. Local authorities retain limited inspection rights to ensure compliance with manufacturing or building standards and other defined requirements.