Arlington County

Arlington Group Files Suit Challenging County's ‘Missing Middle' Housing Plan

Residents asked the Arlington Circuit Court to declare the plan void

NBC Universal, Inc.

A group of Arlington County, Virginia, residents filed a lawsuit challenging the "Missing Middle" housing plan that's set to take effect this summer, saying it's poorly planned and illegal.

After months of community debate, the Arlington County Board unanimously voted in March to adopt the zoning plan, which allows developers to build duplexes and small condo buildings on lots zoned for single-family homes.

Board members said the housing reform plan is designed to create more affordable home ownership opportunities. Low housing inventory and sky-high prices have left the dream of home ownership out of reach for a number of Arlington residents -- creating what's been called the missing middle.

But on Friday, a group of residents filed suit against the county and asked the Arlington Circuit Court to declare the plan void.

The group alleges the county didn't properly study the impacts of the zoning change, which will allow developers to build multiple units on a single family lot. Options range from a duplex to up to six units, depending on the lot size.

"State law requires that zoning ordinances consider needs for transportation, schools, parks, recreation, and public spaces, as well as the conservation of natural resources," the group said in a statement about the lawsuit.

They also claim the county didn't provide proper public notice and misrepresented the purpose of allowing multi-family housing.

A spokesperson for the county told News4 they are unable to comment on pending litigation.

Under the plan, a $4 million lot in a great neighborhood could have four condos, instead of one 4,000 square-foot home -- bringing it closer to reality for the middle class.

"It's historic, it's monumental, and it's going to create homes for people who cannot access a home in Arlington County," Ashley Goff, a resident who supports the new plan, previously said.

In theory, a duplex would be cheaper than a single-family home -- but the county is not setting any price limits. That means the market will dictate costs.

"The average African American median income is $66,000, and you need $193,000 a year to pay for the smallest unit," Anne Bodine, who opposes the plan, previously said. "So this is not addressing the key issue of diversity, which I think we all share in this community."

The plan is set to take effect in July 2023, and the county will approve a maximum of 58 applications per year to develop single-family lots into multi-family buildings.

Contact Us