FULL STATEMENT
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NVAHA-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.
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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.
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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.
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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.
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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.
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NVAHA - Arlington will continue to track the outcomes of this decision. Should you have specific questions, please contact [email protected].