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SF 4915

Yes in God's Back Yard (YIGBY) Housing Act

2025-2026 Regular Session Introduced by John Marty and 2 co-sponsors

The YIGBY Housing Act limits local zoning barriers to affordable housing proposed by religious institutions on their land, with a rapid review and private legal remedies.

Referred to State and Local Government
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Bill Summary · SF 4915

Summary of SF 4915 (2025-2026) – Yes in God's Back Yard (YIGBY) Housing Act

Jurisdiction: Minnesota

Purpose
- Establishes a new statute intended to protect and facilitate affordable housing development by religious organizations on land they own, by limiting local government restrictions that could burden such developments.
- The act aims to ensure that qualifying affordable housing projects proposed by religious institutions may proceed with reduced risk of zoning or land-use barriers, subject to a process designed to balance religious exercise rights with local regulatory authority.

Key Provisions

1) Definitions and scope (Section 1)
- Name: The Yes in God’s Back Yard (YIGBY) Housing Act.
- Affordable housing definitions (for purposes of the act):
- Rental housing: at least 20% of units affordable to households earning ≤ 50% of state or area median income (whichever is greater, per HUD).
- Rental housing: at least 40% of units affordable to households earning ≤ 60% of state/area median income (whichever is greater, per HUD).
- Owner-occupied housing: all units affordable to households earning ≤ 115% of state/area median income (whichever is greater, per HUD).
- Key terms:
- Compelling governmental interest: the government’s interest specifically in the qualified development proposal, not general land-use regulation.
- Religious institution: any congregation, religious assembly, organization, or institution involved in religious exercise.
- Qualified development: an affordable housing development proposed by a religious institution on land owned by the institution for at least one year after purchase.
- Municipality: as defined in Minnesota statute 462.352, subdivision 2.

2) Prohibition and restrictions on local regulation (Subd. 3)
- Local regulation limits:
- A municipality cannot adopt or enforce zoning rules in a way that imposes a substantial burden on the religious exercise of a person or religious institution unless:
- The burden advances a compelling governmental interest, and
- The burden is the least restrictive means of furthering that interest.
- Notice and review process:
- A religious institution may notify the municipality in writing if a zoning regulation is substantially burdening the development.
- Upon receipt of the notice, the municipality must temporarily suspend enforcement of the cited restriction.
- The municipality must conduct a legal/factual review to determine compliance and issue a written determination.
- Within 30 days of receiving the notice, the municipality must provide the written determination and outline proposed steps.
- If the ordinance/regulation fails to meet the standard, the municipality must suspend or adjust its application accordingly.
- Limitation:
- The section does not apply to rules/laws necessary to enforce state or federal law or rule.
- The section does not override federal law (references 42 U.S.C. § 2000cc, i.e., Religious Freedom Restoration Act considerations at the federal level).

3) Private remedies and enforcement (Subd. 4)
- Civil action right:
- A religious institution injured by a violation of this section may sue in district court for damages, injunctive relief, or other appropriate relief, including reasonable attorney fees.
- Remedies under this section are in addition to any other available remedies in equity or at law.

Affected Entities and Impacts

  • Likely Beneficiaries:

    • Religious institutions seeking to develop affordable housing on their own land.
    • Housing developments meeting the defined affordability thresholds.
    • Residents and potential tenants of qualified developments who would gain access to affordable housing options tied to religious organizations.

  • Potential Impacts on Local Governments:

    • Local zoning boards and municipalities are constrained when evaluating qualified developments, requiring a narrower, standards-based justification (compelling interest and least restrictive means).
    • A procedural mechanism requiring prompt review and written determinations if notified of a substantial burden.

  • Potential Impacts on Developers and Communities:

    • Streamlined path (subject to due process) for qualified developments to proceed despite certain zoning barriers, provided the project adheres to affordability criteria and the defined standards.

Procedural and Timeline Aspects

  • Status: Introduced and referred to the State and Local Government committee on March 26, 2026.
  • Effective date: Not specified in the text provided; typical enactment would follow final passage and signing, with details to be determined in the enacted statute (if adopted).

Notes
- The bill emphasizes a balance between protecting religious exercise and ensuring access to affordable housing, with a focus on a narrow intervention where a religiously affiliated housing project is involved.
- It includes a private right of action for affected religious institutions, increasing potential litigation avenues if the act’s protections are perceived to be violated.

This summary reflects the bill’s text as introduced and does not account for later amendments or committee amendments that may alter scope or specifics.

Compiled from official sources — confirm details with the bill’s official record.

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