HF 5020

03/18/26   REVISOR  MS/EI  26-07994
This Document can be made available
in alternative formats upon request  State of Minnesota
  HOUSE OF REPRESENTATIVES
  NINETY-FOURTH SESSION
  H. F. No.  5020
04/20/2026     Authored by Rehrauer and Kraft
  The bill was read for the first time and referred to the Committee on Elections Finance and Government Operations
1.1A bill for an act
1.2relating to local government; restricting local government regulations of certain
1.3residential developments by religious organizations; providing civil remedies;
1.4proposing coding for new law in Minnesota Statutes, chapter 462.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6Section 1. [462.3571] RESIDENTIAL DEVELOPMENT BY A RELIGIOUS
1.7ORGANIZATION.
1.8Subdivision 1. Title. This act shall be known as the "Yes in God's Back Yard (YIGBY)
1.9Housing Act."
1.10Subd. 2. Definitions. (a) For purposes of this section, the following terms have the
1.11meanings given.
1.12(b) "Affordable housing" means:
1.13(1) rental housing in which at least 20 percent of the units are affordable to households
1.14earning incomes of no more than 50 percent of the greater of state or area median income
1.15as determined by the United States Department of Housing and Urban Development;
1.16(2) rental housing in which at least 40 percent of the units are affordable to households
1.17earning incomes of no more than 60 percent of the greater of state or area median income
1.18as determined by the United States Department of Housing and Urban Development; and
1.19(3) owner-occupied housing in which all of the units are affordable to households earning
1.20at or below 115 percent of the greater of state or area median income as determined by the
1.21United States Department of Housing and Urban Development.
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2.1      (c) "Compelling governmental interest" means the government's interest in the qualified
2.2  development proposal under consideration, as opposed to the government's interests in
2.3  regulating land use in general.
2.4      (d) "Religious institution" means a congregation, religious assembly, organization, or
2.5  institution in which a person engages in any exercise of religion, whether or not compelled
2.6  by, or central to, a system of religious belief.
2.7      (e) "Qualified development" means an affordable housing development proposed by a
2.8  religious institution on land owned by the religious institution for at least one year from the
2.9  closing date of the purchase.
2.10     (f) "Municipality" has the meaning given in section 462.352, subdivision 2.
2.11     Subd. 3. Certain ordinances prohibited. (a) A municipality must not adopt or enforce
2.12 a zoning ordinance, law, or regulation in a manner that imposes a substantial burden on the
2.13 religious exercise of a person, including a religious institution, unless the government
2.14 demonstrates that imposition of the burden on that person or religious institution:
2.15     (1) is in furtherance of a compelling governmental interest; and
2.16     (2) is the least restrictive means of furthering that compelling governmental interest.
2.17     (b) A religious institution seeking to develop affordable housing may provide notice to
2.18 a municipality in writing that the application of a zoning ordinance, law, or regulation to a
2.19 qualified development constitutes a substantial burden on the religious institution.
2.20     (c) Upon receipt of the substantial burden notice described in paragraph (b), a municipality
2.21 must temporarily suspend enforcement of the restriction cited in the notice, conduct a legal
2.22 and factual review to determine whether the restriction complies with this section, and make
2.23 a written determination.
2.24     (d) Within 30 days of receiving the notice under paragraph (b), the municipality must
2.25 provide the religious institution with the municipality's written determination and outline
2.26 what steps the municipality intends to take based on the determination. If the municipality
2.27 determines the ordinance, law, or regulation at issue fails to meet the standard in paragraph
2.28 (a), either on its face or as applied, the municipality must suspend or adjust its application
2.29 of the ordinance, law, or regulation.
2.30     (e) Nothing in this section is intended to conflict with United States Code, title 42, section
2.31 2000cc.
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3.1     (f) This subdivision does not apply to any rule or law that is necessary to enforce a state
3.2 or federal law or rule.
3.3     Subd. 4. Private remedies. A religious institution injured by a violation of this section
3.4 may bring a civil action in district court for damages, injunctive relief, or other appropriate
3.5 relief, including an award of reasonable attorney fees. The remedies available under this
3.6 section are in addition to any other remedies available in equity or in law.
      Section 1.  3