H.R. 5601

119th CONGRESS 1st Session

To preempt State and local laws that prevent the construction of affordable housing on faith lands, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES · September 26, 2025 · Sponsor: Mr. Peters · Committee: Committee on Financial Services

Table of contents

• H.R. 5601
  • SEC. 1. Short title
  • SEC. 2. Findings
  • SEC. 3. Preemption of State and local laws preventing affordable housing construction on faith lands

SEC. 1. Short title

• This Act may be cited as the Faith in Housing Act of 2025.

SEC. 2. Findings

• Congress finds the following:
  • An underproduction in housing units relative to demand has led to a housing shortage of millions of homes in the United States.
  • Lack of housing supply and rising rent costs exacerbate inequality and reduce opportunity for many people in the United States.
  • People in the United States who are unable to afford rising housing costs can fall into homelessness, causing both personal tragedy and challenges to public and charitable social services.
  • Houses of worship from every major faith tradition are involved in charitable activities to support low-income people in the United States facing housing insecurity.
  • The efforts of houses of worship to shelter homeless people in the United States, provide affordable or supportive housing, and serve the poor are obstructed by land use regulation that prohibits or curtails the ability of the house of worship to meet this mission.
  • The ability of houses of worship to serve their mission would be enhanced by allowing them the discretion to provide for the construction of affordable homes and homeless shelters.
  • The construction of housing is a form of interstate commerce that affects the economy and social welfare of the United States. State and local land use regulation has national and interstate effects on the housing shortage, level of housing insecurity and homelessness, and need for social services.

SEC. 3. Preemption of State and local laws preventing affordable housing construction on faith lands

• (a) Definitions
  • In this section:
    • The term affordable housing means—
    • The term faith land means real estate—
    • The term house of worship means a church or a convention or association of churches as described in of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. section 170(b)(1)(A)(i)
    • The term site-specific hazard means a flood, landslide, wildfire, or similar severe disaster hazard, on the site of construction.
• (b) Protection of land use for affordable housing
  • (1) Authority to use faith land for affordable housing
    • The owner of faith land shall, upon notifying in writing any applicable State or local zoning authority of its election to invoke the terms of this Act, have sole discretion to construct or substantially rehabilitate affordable housing on such land, if such affordable housing—
      • is in or affects interstate or foreign commerce; or
      • is constructed using Federal assistance.
  • (2) Relation to State law
    • (A) In general
      • Any law, regulation, or other requirement of a State or political subdivision of a State that is inconsistent with this section is preempted by the requirements under paragraph (1), but only to the extent of such inconsistency. Any provision of such law, regulation, or other requirement that is narrowly tailored to prevent site-specific hazards, and applies on equal terms to housing constructed under paragraph (1) and to all other residential construction in the jurisdiction, is not preempted.
    • (B) Inspection
      • A State or political subdivision of a State shall have the right to reasonably inspect affordable housing described in paragraph (1) to confirm that the housing conforms to the requirements described in subsection (a)(1).
  • (3) Cause of action
    • A person may assert a violation of this section as a claim or defense in a judicial proceeding and obtain injunctive or declaratory relief.
  • (4) Attorneys’ fees
    • Section 722(b) of the Revised Statutes () is amended—(1) by inserting Religious Land Use and Institutionalized Persons Act of 2000. , after 42 U.S.C. 1988(b)
  • (5) Applicability
    • This Act shall not apply to the construction or substantial rehabilitation of affordable housing on faith land unless the owner submits written notice of its intention to invoke the terms of this Act in accordance with paragraph (b)(1) of this section.