Recently I wrote that religious institutions could play a substantial role in addressing the severe housing shortage facing the nation. Churches who find themselves in possession of excess property may consider ways in which they can creatively utilize this space to better serve their religious mission. One of these options is by converting property into affordable housing. Indeed, a movement of churches and developers recently started in San Diego called “Yes in God’s Back Yard” (YIGBY) designed to assist churches in pursuing such transformations and to counter “Not in My Back Yard” (NIMBY) opposition to such developments.[1]
One of the major obstacles to such conversions of church property is the presence of local zoning ordinances. These restrictions can be applied to stonewall developments that residents may oppose for various reasons. However, some states and local governments have recognized the key position that churches have in addressing the housing crisis and have attempted to streamline the re-development process for religious institutions.
One example of this is a “density bonus” created by the State of Washington which granted “an increased density bonus consistent with local needs for any affordable housing development of any single-family or multifamily residence located on real property owned or controlled by a religious organization.”[2] This decision has allowed churches to build more housing on less land in Washington state thereby improving the feasibility of affordable housing developments.
California, inspired by a municipal ordinance in San Diego, eliminated all parking requirements for religious institutions in 2020—meaning that church parking lots could become the sites for future residential developments.[3]
Here in Detroit, the housing commission recently issued several project-based vouchers which helped to fund fifty-three affordable units on land that was owned by the Catholic Archdiocese of Detroit.[4]
These are just a few examples of states and municipalities seeking to actively assist faith-based organizations redevelop their property. If you are religious entity looking to redevelop your property, the experienced religious-property attorneys at Dalton & Tomich, PLC would be happy to discuss the potential legal protections and incentives available to you.
[1] Yes in God’s Back Yard (2025), https://yigby.org/.
[2] Affordable Housing Development on Religious Organization Property, ch. 218, § 1(1), 2019 Wash. Sess. Laws 1074
[3] Cal. Gov’t Code § 65913.6 (2023) (“Notwithstanding any other law or ordinance, a local agency shall not require the replacement of religious-use parking spaces that a developer of a religious institution affiliated housing development project proposes to eliminate . . . as part of that housing development project . . . .”)
[4] City of Detroit, Mayor Duggan joins Archdiocese, MHT Housing to celebrate new affordable housing property near North End (June 8th, 2023), https://detroitmi.gov/news/mayor-duggan-joins-archdiocese-mht-housing-celebrate-new-affordable-housing-property-near-north-end.
