“To preempt State and local laws that prevent the construction of affordable housing on faith lands, and for other purposes.”
No CRS summary available for this bill.
This section states congressional findings that (1) a shortage of millions of housing units exists due to underproduction relative to demand; (2) housing supply shortages and rising rents exacerbate inequality, reduce opportunity, and contribute to homelessness; (3) houses of worship engage in charitable activities to support low-income individuals facing housing insecurity but are obstructed by land use regulations; and (4) housing construction constitutes interstate commerce with national effects from state and local land use regulations.
This section preempts state and local laws, regulations, or requirements inconsistent with its provisions to the extent they restrict construction or substantial rehabilitation of affordable housing (i.e., deed-restricted to low-income families on average under 42 U.S.C. 1437a(b)(2), with all units at or below 140% of area median income and affordability commitments for 30 years) on faith land (i.e., real property owned on or before January 1, 2023, or for at least five years by a house of worship, defined as a church or church association tax-exempt under IRC §§170(b)(1)(A)(i) and 501(a)). Houses of worship may invoke this authority by written notice to applicable zoning authorities if the housing affects interstate commerce or uses federal assistance, subject to equal-terms state or local rules narrowly tailored to site-specific hazards (e.g., floods, landslides, wildfires); allows state/local inspections for code compliance; and permits judicial claims for injunctive or declaratory relief, with prevailing-party attorneys' fees under 42 U.S.C. 1988(b) (amended to cover violations of this Act). (Thus, such housing may include up to 5% of units—or one unit if at least five total—for house of worship employees, limited nonresidential uses, and nonprofit management for rentals.)