Dear John,

In 2015, the Virginia General Assembly passed an amendment to legislation governing landlord/tenant relationships, stating that a tenancy that was "month-to-month may be terminated by either party giving 30 days' notice in writing, prior to the next rent due date." This is a drastically shorter timeline than the typical 120 days’ notice given to tenants with a one-year lease. The harmful application of this law is being felt at the Columbia Gardens Apartments in Arlington. On February 12, residents were given a notice to vacate within 30 days from March 1because the owner is planning a substantial renovation of the property. Many of these families have lived there for decades.

Columbia Gardens is at 5309 8th Rd S, in the Arlington Mill neighborhood. Just north of Columbia Pike, it's located in a rapidly developing and gentrifying corridor. The apartment complex consists of 62 units with rents ranging from $1,300 - $2,000 per month.

Arlington County has two categories of affordable housing: Committed Affordable Units (CAFs) and Market-Rate Affordable Units (MARKs). CAFs are "guaranteed by agreement with the federal, state, or county government, or through mechanisms such as tax-exempt financing, to remain affordable to low- and moderate-income households for a specified period of time; generally 30 to 60 years. Rents in most cases are affordable to households earning 60% or less of AMI." MARKs are "owned by the private market, have no public subsidy, and tend to have higher monthly rents. Affordability fluctuates with factors impacting housing market conditions, including employment trends, economic stability and basic supply and demand. Rent prices are at 50-60% and 60-80% of AMI."

The Columbia Gardens Apartments complex is a MARK property that is not undergoing a site-plan for the renovation, so there is no leverage that the County can use to prevent these residents from being displaced. The owner of the property is following the state code and operating within the guidelines of the 2015 legislation, however the effect will be that dozens of families will be displaced and scrambling to find affordable housing in an area that is increasingly unaffordable.

The property owner has stated that they intend to proceed on this aggressive, yet legally permissible timeline. Most residents will not have the funds needed to move, make a deposit or pay the first month's rent, and many may not be eligible for financial assistance. Where can the existing 58 households, especially those families who want their children to remain in their current schools, be housed? The County does not have a Tenant Assistance Fund for displacement from market-affordable housing that does not involve a site plan or negotiations to become committed affordable housing, so the concern is that there are few resources available to help these residents, and few affordable places for them to move.

There isn't much leverage with the existing legislation as concerned individuals and organizations work tirelessly to push the deadline of March 31 back as much as possible. But stopping displacement altogether appears increasingly unlikely. The owner has stated that they cannot delay the notice to vacate due to their development schedule. Additionally, they say that they went beyond the 30-day notice requirement, providing 45 days’ notice and offering $200 per unit to help with moving expenses. The property manager is prioritizing households with children (approximately 30 units) as they provide some relocation assistance. The owner has offered to absorb many residents into an adjacent property that they own, but this would be temporary, as that property is also scheduled for vacancy and redevelopment in the coming months.

The community response to this eviction has been immediate and robust. Local human service organizations are collaborating with the property management to conduct needs assessments, and the county is working with affordable housing developers to create a list of their vacancies to relocate residents. One faith community is providing a $150 grant for rent deposits to households moving into 22206 or 22204 zip codes. As welcomed as these offers of financial resources are, they are far less than what families need for a security deposit and first month's rent, even at the most affordable of homes in the County. As of now, it appears that all residents can be moved to other developments in the vicinity of Columbia Gardens, which is remarkable given the short notice. But some strategic thinking and longer-term solutions need to be employed before this situation repeats itself.

What can be done? Arlington’s Tenant Landlord Commission will discuss state legislative options to prevent this issue from happening in the future as part of their March meeting agenda. Creating more equitable protections for tenants is one important remedy. Locally, there is more we can do to avert these types of situations. Some strategies to consider:

develop an inventory of market-affordable properties, and build relationships with the owners to monitor impending changes to the property status;
adopt financial incentives such as no cost loans for property owners with deferred maintenance in exchange for a commitment to keep rents affordable;
create a tenant assistance fund for residents who are displaced by redeveloping MARKs. This scenario will be repeated in other jurisdictions as well. As a region, we need to be better prepared to respond;
build more affordable housing.

Landlords have a right to redevelop their properties, but in partnership with community organizations, local governments must work to equalize the playing field and protect vulnerable residents from these sudden and disruptive dislocation from their homes.

Anna Janetos
Director, Policy and Programs

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