Virginia 2026 Regular Session

Virginia Senate Bill SB388

Introduced
1/13/26  
Refer
1/13/26  
Report Pass
2/2/26  
Engrossed
2/10/26  
Refer
2/17/26  
Report Pass
2/20/26  
Engrossed
2/25/26  
Engrossed
3/13/26  
Engrossed
3/14/26  
Enrolled
3/30/26  
Chaptered
4/22/26  

Caption

An Act to amend and reenact ยงยง 15.2-2201 and 15.2-2286 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-2288.9, relating to affordable housing; religious organizations and other nonprofit tax-exempt properties.

Impact

The enactment of SB388 represents a significant shift in local zoning authority, enabling nonprofit organizations to have a more streamlined approach to development. This aims to encourage the production of affordable housing units at a time when housing costs are a pressing concern for many communities across Virginia. As localities are obliged to allow these developments without additional limitations on use, height, or density, it could potentially increase the availability of affordable housing. This may also lead to an increase in mixed-use developments that combine residential and community services, benefiting local neighborhoods.

Summary

SB388 is a legislative measure aimed at facilitating the development of affordable housing by property tax-exempt religious organizations and 501(c)(3) nonprofit organizations. The bill allows such organizations to construct mixed-use or residential projects by right, circumventing the need for usual zoning approvals and special exceptions. A significant requirement is that at least 60% of the housing units in these projects must be designated as affordable, adhering to specific income limits outlined by the U.S. Department of Housing and Urban Development. This emphasis on affordability is intended to promote housing accessibility for low to moderate-income families.

Sentiment

The sentiment surrounding SB388 appears to be mixed, with supporters largely viewing it as a progressive step toward alleviating the housing crisis and empowering community-oriented organizations. Advocates highlight the potential for increased affordable housing stock as a significant benefit. Conversely, there are concerns from some stakeholders about potential negative impacts on existing neighborhood dynamics and zoning practices. Critics worry that the bill's provisions provide too much power to organizations without adequate local oversight, possibly leading to developments that do not align with community needs or standards.

Contention

Key points of contention regarding SB388 center on the bypassing of traditional zoning processes, which some argue could undermine local governance in land use planning. Opponents of the bill express fears that allowing religious organizations and nonprofits to develop without stricter local controls may result in poorly integrated projects. However, proponents counter that the need for affordable housing outweighs these concerns, insisting that the bill includes sufficient provisions to ensure that developments meet basic environmental and community standards. The debate reflects broader tensions between local control and the need for expansive housing solutions.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.