“Land use and building codes regulating parking, utilities, sewer, stormwater, fire safety, signage, accessibility, curb cuts, and the like, can make even a well-zoned property nearly impossible to reuse or redevelop,” said Rick Reinhard, a housing consultant.
Some advocates of YIGBY-like development have floated more unconventional legal strategies to get around burdensome regulations.
Rev. Reidy, of the University of Notre Dame, has argued there is likely more room to push back against restrictive zoning codes through religious liberty lawsuits. “We have this federal religious land use statute, and I think it’s actually pretty clear that it offers protections to churches trying to do something like this,” he told Vox. There hasn’t been a test case of this legal theory yet, though Reidy notes many people would prefer to go the state-level preemption route instead.
In a May report published by the right-leaning Mercatus Center, researchers found more examples of towns with convoluted zoning restrictions that could impede YIGBY development, and they noted that some local zoning risks incentivizing faith-based housing in areas that are ill-suited for healthy residential living. They recommended exempting YIGBY construction near industrial zones, military bases and airports.
Co-author of the Mercatus Center report Salim Furth doesn’t expect YIGBY development to ultimately represent a massive part of how the country will solve its housing supply crisis.
“There’s not that much land that’s developable, religious institutions are already tax-exempt, and frankly I’d like churches to stay churches,” he told Vox. “I don’t want cities to only look at the decline of religious institutions as a way to solve their affordable housing problem.”
Plus, Furth added, faith-based housing could come with certain preferences for its own members, or certain requirements that do not sit well with everyone seeking housing — an issue that has come up with some faith-based homeless shelters that require things like mandatory church attendance.
Still, for those who do pursue the option, advocates are excited about the potential to revitalize congregations and local communities, improve housing access for those who need it, and even improve relations between people of faith and secular Americans.
“I’ll say this as a Catholic priest who went to Yale Law School, there are people who are suspicious of organized religion, and it’s been really moving to hear people say, ‘I don’t know how anyone couldn’t get behind this idea,’” Rev. Reidy said. “You’ve got local governments looking for land they can’t provide themselves. You’ve got many faith communities willing to share it for affordable housing. It’s a win-win-win.”
Update: June 18, 2024: This story originally cited 2020 research from The Terner Center for Housing Innovation at UC Berkeley that there are roughly 38,800 acres of land owned by faith-based organizations that could potentially be developed into affordable housing. The piece now references Terner's updated 2023 analysis, finding more than 47,000 acres available.