Missing Middle: What to Know about a Recent Court Decision
The availability of affordable housing in the United States has been identified as a national crisis, caused by many different factors over several decades. In 2023, Arlington County, Virginia sought to address its housing shortage via amendments to the County zoning ordinance known as the “Missing Middle.” The Missing Middle amendments rolled back the exclusivity surrounding single-family housing by expanding potential residential uses to include townhomes, triplexes, and duplexes (thereby increasing the number of housing units available overall). The ordinance provided developers with the ability to build higher density properties on a limited basis (45 sites).
However, the amendment faced significant pushback from County residents – including a legal challenge by homeowners that ultimately led to the ordinance’s reversal in 2024. This ruling eliminated the ability of developers to proceed with any plans to build under the ordinance. Recently, the Virginia Court of Appeals determined that the trial court needed to reconsider its decision to reverse the Missing Middle – potentially opening up the door again to processing related applications (while clearly temporarily rebuffing the homeowners’ efforts to stop the zoning amendment overall).
I recommend that those in the DC-region (and nationally) closely watch next steps in this ongoing litigation given its implications for property owners, developers, and potential property owners. Feel free to reach out to me to discuss.
Theodora Stringham focuses her practice on bringing solutions-oriented representation and zealous advocacy to complex issues impacting individuals, organizations, and businesses. Ms. Stringham seeks to understand clients’ concerns and provide thorough and strategic options aimed at achieving their goals. She has been recognized for her work in the Real Estate, Labor and Employment, and Commercial Litigation practice areas, providing counseling and litigation support for a wide variety of concerns.