Judge overturns 'missing middle' housing policy in Arlington County
ARLINGTON COUNTY, Va. - Arlington County's controversial ‘missing middle’ housing ordinance has been overturned.
This case has been building up for several months and both sides of the issue feel very strongly about their stance.
'Missing middle' is a housing term that addresses the 'middle' between single-family homes and high-rises — think townhouses, duplexes and garden apartments for multi-family use.
In Arlington, specifically, it allows up to six units to be built where a single-family home once stood.
Arlington residents sue over county's 'missing middle' housing policy
A closely-watched trial in Arlington County began on Monday as a group of residents took on the county's 'missing middle' policy.
Just months after the trial began in July, a circuit court judge ruled the county can no longer issue expanded housing options or EHO permits.
"Arlington County underestimated the power of neighbors coming together to fight for the rule of law and spent over one million dollars of taxpayer funds fighting its own residents in this lawsuit. The lawsuit showed Missing Middle was never about affordable housing, and it was never about creating additional housing for people in Arlington who need it," said Marcia Nordgren, the lead plaintiff in the case.
Dave Gerk with Arlingtonians for Upzoning Transparency told FOX 5: "We feel vindicated by the judge's decision that this was illegally passed, and now it's time for the county board to take a breath and have a real conversation with the community and really address housing solutions."
A number of homeowners and renters in Northern Virginia expressed their disappointment in the judge's decision, citing how unaffordable housing is in Arlington.
"To see today that all that work is undone by a single judge based on the efforts of 10 homeowners who have much more time and money is really disappointing," said Jane Green with YIMBYs (yes in my backyard) of Northern Virginia.
Arlington County leaders tell FOX 5 they are disappointed by the ruling and the board is exploring potential options moving forward, including an appeal.
Below is a brief statement on behalf of the Board:
"Arlington County is disappointed in the judge’s ruling today in the Expanded Housing Option (EHO) Development trial (Nordgren v. Arlington County Board). We are reviewing the decision and determining the appropriate next steps to properly adhere to the ruling.
The County Board remains committed to ensuring Arlington has housing options that meet our community’s diverse and growing needs.
The Board is exploring potential options moving forward, including appeal."
According to Arlington County officials, 45 EHO permits have been issued.
This map indicates where they are located.
In a statement, the Northern Virginia Affordable Housing Alliance expressed extreme disappointment at the recent verdict. Read the full statement below:
Arlington is extremely disappointed that the court overturned Arlington's Expanded Housing Options ordinance (EHO), which was unanimously adopted in 2023 by our elected officials.
The EHO ensures that individuals from all backgrounds and income levels can have the opportunity to live and thrive in our community. This ruling creates uncertainty regarding the future development of broader housing types. Re-introducing and allowing "missing" housing types such as duplexes, 3-cluster townhomes, and up to 6-plexes, is an important tool in our County's housing toolbox. The EHO addresses many community challenges, such as reversing exclusionary zoning in our county, providing small, accessible units for older adults to age in the community, and opening up less expensive homeownership opportunities in an increasingly unattainable real estate market.
We are also disappointed that there is not a written judgment in this case, after a 5-day trial with over 20 witnesses on a topic that has been of great importance to our community over the last 4 years. While one count can likely be adjusted administratively, the others are likely to require reconsideration of the EHO permitting process, a repeat demonstration of the the fact that our sewer system has 3 times the current capacity to accommodate any future residential development, and the potential removal of the additional tree canopy requirement from the ordinance. In order to address these pending issues, the public and the County deserve a written statement to better understand the rationale the judge utilized to come to his opinions.
We look forward to working with the Arlington County Board and the County's expert staff to expeditiously pursue a revised ordinance to ensure that expanded housing opportunities move forward without delay and to advance an appeal based on the strength of the evidence already submitted in this case.
As is the case in Arlington, as well as regionally and across the U.S., communities are increasingly seeking the capacity to broaden residential zoning in order to address our housing supply crisis. We believe Arlington will ultimately prevail in expanding housing opportunities throughout our County.
NVAHA - Arlington will continue to track the outcomes of this decision.