FOUR NEW VIRGINIA LAWS ADDRESS BARRIERS TO HOUSING
By John L. Williams
The Spotsylvania Gazette
RICHMOND, Va. — Four housing measures enacted during Virginia’s 2026 legislative session change how local governments regulate affordable housing on property owned by religious organizations, accessory dwelling units, parking requirements and manufactured homes.
Gov. Abigail Spanberger signed the legislation as Virginia continues to face concerns about housing availability and affordability.
The measures take different approaches, but each limits some local zoning authority to reduce regulatory barriers or expand the types of housing that may be built.
Supporters say the changes can increase the housing supply and reduce development costs. Opponents, including some county officials and local-government organizations, have expressed concern that the state is overriding decisions traditionally made by local governing bodies.
FAITH IN HOUSING
The Faith in Housing legislation, Senate Bill 388 and House Bill 1279, allows qualifying affordable-housing developments to proceed by right on property owned by religious organizations and certain tax-exempt nonprofit organizations.
A by-right project does not require a rezoning or other discretionary legislative approval when it meets the requirements established by law.
The legislation requires at least 60% of a qualifying development’s units to be affordable housing. It also establishes density and development standards that local governments must follow.
Sen. Jeremy McPike, D-Prince William, was the chief patron of SB 388. Del. Joshua Cole, D-Fredericksburg, was the chief patron of HB 1279.
The law takes effect Jan. 1, 2027, and is scheduled to expire Jan. 1, 2031, unless extended by the General Assembly.
Supporters included faith communities, affordable-housing organizations, the Virginia Interfaith Center for Public Policy, Virginians Organized for Interfaith Community Engagement and other housing coalitions. More than 146 faith leaders urged Spanberger to sign the legislation.
Supporters said religious congregations frequently own land that could accommodate housing but face lengthy and expensive rezoning proceedings. Local-government representatives raised concerns about infrastructure, density and the loss of local land-use authority.
ACCESSORY DWELLING UNITS
Senate Bill 531 requires Virginia localities to permit accessory dwelling units in districts zoned for single-family homes when the proposed unit meets the law’s requirements.
An accessory dwelling unit, commonly called an ADU, is a smaller independent residence located on the same property as a primary home. It may be created in a basement, garage, addition or detached structure.
The law requires property owners to obtain a permit but limits the locality’s ADU permit fee to $500. It also restricts localities from imposing certain setback, occupancy and family-relationship requirements.
Sen. Kannan Srinivasan, D-Loudoun, was the bill’s chief patron. Sen. Saddam Salim, D-Fairfax, was among its supporters.
The law has a delayed effective date of July 1, 2027, giving local governments time to revise their zoning ordinances.
Supporters say ADUs can provide smaller and potentially less expensive homes for older adults, adult children, caregivers and renters. Local-government organizations argued that regulations should reflect differences in lot size, utilities, septic systems and neighborhood development patterns.
PARKING REQUIREMENTS
House Bill 888 limits the number of off-street parking spaces that localities may require for residential and mixed-use development in designated areas near public transportation.
The measure was introduced by Del. Irene Shin, D-Fairfax.
For qualifying multifamily or mixed-use residential development, a locality generally may not require more than one-half parking space per dwelling unit. For single-family homes, two-family homes and townhouses, the limit is generally one parking space per dwelling unit.
The law also requires localities with populations greater than 20,000 to establish an administrative process through which eligible developments may seek reductions in parking requirements.
The legislation took effect July 1, 2026.
Supporters argue that mandatory parking increases construction costs and uses land that could otherwise accommodate housing. Opponents expressed concern about street parking, limited public transportation and the different needs of urban, suburban and rural communities.
MANUFACTURED HOUSING
House Bill 655 and Senate Bill 346 prohibit local governments from treating qualifying manufactured homes differently or more restrictively than comparable site-built single-family homes.
Del. Michelle Maldonado, D-Prince William, served as the chief patron of HB 655. Sen. Schuyler VanValkenburg, D-Henrico, sponsored the Senate version.
Related proposals from Del. Nicole Cole, D-Spotsylvania, and Del. Dan Helmer, D-Fairfax, were incorporated into the final legislation. Cole introduced HB 418, while Helmer introduced HB 801.
The law applies to manufactured homes placed on permanent foundations and requires localities to permit them in zoning districts where comparable detached single-family homes are allowed. Localities may continue to apply generally applicable health, safety, design and development requirements.
The House of Delegates approved HB 655 by a 96-0 vote. The Senate passed it 39-1. Spotsylvania’s Democratic and Republican legislators supported the measure, including Dels. Nicole Cole, Joshua Cole and Philip Scott and Sens. Tara Durant, Bryce Reeves and Richard Stuart.
The law took effect July 1, 2026.
“I made a commitment to bring affordability to my district, and for me, this is a measure of affordability,” Nicole Cole told the Fredericksburg Free Press in July.
Cole said modern manufactured homes can be difficult to distinguish from site-built houses but can cost significantly less.
The Spotsylvania County Board of Supervisors voted 5-1 in July to oppose implementing the state requirement. County staff advised supervisors that the vote was symbolic because state law supersedes a conflicting county ordinance.
Some supervisors expressed concern about property values and the General Assembly’s interference with local zoning authority. Cole called those concerns outdated and said manufactured housing could provide a more affordable path to homeownership, particularly for younger residents.
WHAT THE LAWS DO — AND DO NOT DO
The four measures do not appropriate money to construct homes, establish rent subsidies or guarantee that new housing will be built.
Instead, they change the regulatory conditions under which certain housing projects may proceed. Construction still must comply with applicable building codes, environmental requirements, utility standards and other provisions that remain legally enforceable.
Their effect in Spotsylvania County and elsewhere will depend on available land, infrastructure, construction costs, financing and the willingness of property owners and developers to pursue projects under the new rules.
EDITOR’S DISCLOSURE
John L. Williams participated in advocacy and public testimony supporting the Faith in Housing legislation in March 2, 2026 before the Virginia Senate Committee on Local Government in support of Faith in Housing.
Williams cited Glebe View Housing at Fairfax Presbyterian Church as a real-world example of a congregation using its property to help address the need for affordable housing. In 2016, Williams was an elder at Fairfax Presbyterian, served on the church’s governing Session when it approved moving forward with the project and participated in the original Affordable Housing Implementation Team.
SOURCES
• Virginia Legislative Information System, SB 388 and HB 1279, 2026 Regular Session: https://lis.virginia.gov/bill-details/20261/SB388 and https://lis.virginia.gov/bill-details/20261/HB1279
• Virginia Legislative Information System, SB 531, 2026 Regular Session: https://lis.virginia.gov/bill-details/20261/SB531
• Virginia Legislative Information System, HB 888, 2026 Regular Session: https://lis.virginia.gov/bill-details/20261/HB888
• Virginia Legislative Information System, HB 655, SB 346, HB 418 and HB 801, 2026 Regular Session: https://lis.virginia.gov/bill-details/20261/HB655
• Office of Gov. Abigail Spanberger, 2026 housing legislation announcements, accessed Sept. 16, 2026: https://www.governor.virginia.gov/
• Virginia Interfaith Center for Public Policy, Faith in Housing advocacy statement, 2026: https://virginiainterfaithcenter.org/news/more-than-146-faith-leaders-a…
• Taft Coghill Jr., “Manufactured outrage: Spotsylvania supervisors protest bill lifting restrictions off modular homes,” Fredericksburg Free Press, July 15, 2026: https://www.fredericksburgfreepress.com/2026/07/15/manufactured-outrage…
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