Last week, we invited the two candidates running in the Democratic primary for House of Delegates race for the 49th District to write a post about why our readers should vote for them next Tuesday (June 8).

Here is the unedited response from incumbent Alfonso Lopez:

When first elected to the Virginia House of Delegates, I promised to be a progressive champion for the Commonwealth’s most diverse district. That pledge included expanding access to health care, protecting a pregnant person’s right to make their own health care decisions, passing sweeping criminal justice reform, advancing the fight against climate change, and improving quality of life and community safety.

I am proud to say I’ve delivered on my promise and humbly ask for your vote for re-election.

As part of House Democratic leadership, I’ve helped us grow our majority and set a bold progressive agenda in order to build a Virginia that lifts everyone up and leaves no one behind.

We started by expanding Medicaid to over 500,000 Virginians — including 45,000 in Northern Virginia. This sets us on the path towards finally securing healthcare for everyone and the assurance that no family has to choose between putting food on the table or paying medical bills.

Our progress continued on health care. One of the proudest moments of my legislative career came in 2020, when I co-patroned and helped pass the Reproductive Health Protection Act. This eliminated barriers to reproductive health access across the Commonwealth and kept health care decisions exclusive to a pregnant person and their doctor.

Following the deaths of George Floyd and Breonna Taylor, I worked with Majority Leader Charniele Herring and Delegate Luke Torian to pass sweeping criminal justice reform legislation banning no-knock warrants, chokeholds and the militarization of police departments. We also enacted my legislation to finally enable the Attorney General to act against police departments with a history of constitutional rights violations.

With 30 years of environmental advocacy experience, I’m proud to be the founder of the Virginia Environment and Renewable Energy Caucus and to have seen many of my bills in this area signed into law. I recently secured $800 million for cleanup of the Chesapeake Bay and was the chief co-patron on the Virginia Clean Economy Act, which transformed Virginia from among the worst states on climate change to one of the best.

This bill laid the groundwork to pursue a Green New Deal, bold legislation that I’ve co-patroned and voted for twice.

Improving quality of life and making our communities safer have been my priorities. In 2013, I created the Affordable Housing Trust Fund (AHTF) and have fought every year for increased funding. This past session we secured $125.7 million – a significant increase over past years. The AHTF has helped alleviate housing instability and homelessness across Virginia and served as the backstop for eviction prevention and rental relief during the pandemic. Moreover, it has provided housing for hundreds of families here in the 49th district.

Providing housing was only one element of improving our communities; another was passing common sense gun laws. A key first step was requiring background checks for all firearms purchases, but that’s not enough. This past session, I helped close the “Charleston Loophole” and extended the period state police have to complete a background check to ensure we keep guns out of the hands of those who shouldn’t have them.

These accomplishments are among the highlights of over 150 bills I’ve authored, chief co-patroned, or co-patroned that have been signed into law. Others include securing in-state tuition for DREAMer students, repealing Virginia’s ban on project labor agreements, and creating the first LGBTQ+ advisory board in the South.

I’ve never lost touch with the people I represent and have used my role in leadership to produce outcomes that greatly improve our community. I successfully kept the DMV on Four Mile Run, and this past session I passed the Purple Lounge Bill to increase local oversight of ‘bad actor’ establishments.

Perhaps most importantly, considering housing affordability concerns in the 49th, I voted against Amazon’s HQ2 and refuse its campaign contributions.

My record speaks for itself: I’m a progressive Democrat who delivers results and works to improve lives in the 49th district and across Virginia.

I’m proud to have earned the endorsements of numerous organizations, activists and legislators, including:

  • S. Senator Tim Kaine
  • Congressman Don Beyer
  • Julius “J.D.” Spain – 2019 primary opponent
  • Emma Violand-Sanchez – former Arlington School Board Chair
  • Virginia Education Association
  • NARAL Pro-Choice Virginia
  • Virginia League of Conservation Voters, and
  • Every Organized Labor group in this race.

They understand — as I do — that politics is about improving people’s lives.

Together — there is much more to accomplish.

I hope to also earn your support for re-election in the upcoming June 8th primary. To learn more, please visit www.AlfonsoLopez.org.


Last week, we invited the two candidates running in the Democratic primary for the 45th District House of Delegates race to write a post about why our readers should vote for them next Tuesday (June 8).

Here is the unedited response from incumbent Mark Levine:

For the past six years, I have had the honor of representing South Arlington, Alexandria, and Fairfax in the House of Delegates. I now ask for your vote as I seek to serve all of Arlington, and all of Virginia, as your Lieutenant Governor.

When deciding which candidate to support, I encourage voters to focus on two things: the record of what a candidate has done in the past and their vision for the future. I have a strong record of accomplishment, including doing some things everyone said were impossible to do. I also have a unique vision of being the first candidate in Virginia history to propose to transform the office of the Lieutenant Governor into a full-time job and to travel all across Virginia to bring your voice to Richmond.

My Record

To know what someone will do, look at what they’ve done. I have led the way on issues of affordable healthcare, economic opportunity for all, justice reform, strengthening democracy, and preventing domestic violence, sexual violence, and gun violence. I am the only candidate running who chairs two very important subcommittees (Public Safety and Constitutional Amendments)

Some of the dozens of laws I have spearheaded include:

  • Common-sense gun safety measures
  • Comprehensive protections for LGBTQ+ Virginians
  • Virginia’s only body-camera law
  • Protections for children in homes with domestic violence
  • Protecting the right to vote and making it easier to do

(A full list of the 47 bills I introduced last year, including the 23 of them that became law, is found here: Mark’s 2020 Session Letter)

I have also delivered results beyond new laws by:

  • Leading the effort to have Arlington relegate “Jefferson Davis Highway” to the dustbin of history
  • Mandating the live-streaming and archiving of all the General Assembly’s proceedings and recording all our votes, as the leader and co-founder of the bipartisan Transparency Caucus
  • Keeping Arlingtonians informed about testing of COVID-19 and vaccination efforts by organizing early town halls with public health leaders
  • Securing funding for Northern Virginia’s first program to make emergency medical assistance available 24/7 to survivors of sexual violence and domestic violence

To understand what I have yet to do, here are my “not-yet-successes.”

  • Banning the sale of assault weapons and high-capacity magazines
  • Guaranteeing Paid Family and Medical Leave for all Virginia workers
  • Reforming the Electoral College so we elect the President by National Popular Vote
  • Campaign finance reform, including capping political contributions at the federal contribution limit
  • Requiring police officers to report their fellow officers’ misconduct

My progressive principles have guided my work. The 2021 Virginia Progressive Legislative Alert Network’s review graded me as having the second most progressive voting record in the House of Delegates in 2021. NARAL Pro-Choice Virginia named me a Champion for reproductive freedom on their 2021 scorecard, and the League of Conservation Voters of Virginia named me as one of their 2020 Legislative Heroes for my work to protect our environment.

My Vision

I’m running to transform the office of Lieutenant Governor into a full-time, year-round job. The Lieutenant Governor – the only person in all of Virginia government that serves both the executive and legislative branches – can play a meaningful role as the connective tissue Virginians desperately need right now.

We need a leader who will take action to protect Virginia from the scourge of gun violence – a fight I’ve led in the House of Delegates and will continue to lead as Lieutenant Governor.

I also want Virginians to feel connected to one another and know that their government cares about and works for them. That’s why I have hosted Mark’s Monthly Meetup every single month since I was first elected in 2015. Many of the bills I’ve championed, like my successful bill banning the inhumane tethering of pets or my broadband initiative have arisen directly from conversations with voters at these meetups. I will continue this tradition as Lieutenant Governor. I have pledged to visit every one of Virginia’s 133 localities to talk with Virginians about the issues that matter to them.

To learn more about my campaign, please visit LevineforVirginia.com. You can also read more about my biography and vision here.

My record and my vision are why I want to keep serving you in any capacity I can. I hope I earn your vote on June 8th.


Lyon’s Legacy is a limited-run opinion column on the history of housing in Arlington. The views expressed are solely the author’s.

“A racist policy is any measure that produces or sustains racial inequity between racial groups. An antiracist policy is any measure that produces or sustains racial equity between racial groups. By policy, I mean written and unwritten laws, rules, procedures, processes, regulations, and guidelines that govern people. There is no such thing as a nonracist or race-neutral policy. Every policy in every institution in every community in every nation is producing or sustaining either racial inequity or equity between racial groups.” 

– Ibram X. Kendi, How To Be An Antiracist

This is the penultimate part of Lyon’s Legacy, a biweekly series on ARLnow (you can read the whole thing, with citations, here). Until now we’ve been looking back into history, trying to understand the part racism played in Arlington’s transformation into a suburb. This time we’ll see what antiracism could do in the transformations of today. This time we’ll face the Missing Middle Housing Study, and you’ll learn what you can do to make your voice heard.

‘Missing-middle’ housing is anything denser than a single-family detached house but smaller than a high-rise tower. The ‘white-washed, one-and-a-half story duplexes’ of the Freedman’s Village were a form of missing-middle housing. So are the rowhomes of Georgetown, the triple-deckers of New England, the five-story canal houses of Amsterdam, the eight-story city blocks of Paris. A century ago, Frank Lyon and people like him made them illegal in Arlington. In most of our county, our zoning still bans them today.

In Arlington, the overwhelming majority of residential land is zoned in a way (grey in the map) that excludes missing-middle housing. Image by Arlington County Department of Community Planning, Housing, and Development.

By setting aside three-quarters of our land for single-family homes, our zoning code artificially inflates the supply and deflates the cost of high-end houses, while doing the opposite to apartments and condos. Our zoning code privileges the wealthy.

Over the next two years, the ongoing Missing Middle Housing Study could legalize some forms of more affordable housing. The question is whether it will legalize enough. The math is clear: wealth inequality is so extreme that legalizing duplexes alone won’t make Arlington the inclusive county we say we want to be. We have to legalize apartments.

The median income for Black households in the greater Washington area is about $75,000 per year, while the median income for white households is $124,000. A home is affordable when the sale price is no more than roughly 4.5 times the family’s annual income, so a median-income Black family can afford to buy a home costing up to about $340,000.

Existing houses in Arlington cost an average of $959,000, up by over $100,000 since 2018 alone. But for new single-family detached houses with five or more bedrooms in Arlington, which are by far the most common kind of new house in our county, buyers are willing to pay an average of over $1,600,000. The gap between what Black families can buy and what our zoning code produces, the gap between $340,000 and $1,600,000 — that gap is Lyon’s legacy.

The gap between $340,000 and $1,600,000 is also the first thing we need to know in order to undo Lyon’s legacy. It tells us that duplexes, like the ones in Freedman’s Village, won’t be enough. Half of $1,600,000 is $800,000, and $800,000 is still too much.

So what kind of housing would median Black families be able to afford in Arlington? Assume it costs $2,000,000 per lot to replace an old single-family home with a new missing-middle one. This is almost certainly an underestimate, so it’ll underestimate the density required. $2,000,000 divided by $340,000 is about six. Six is the magic number for the Missing Middle Housing Study. If we make it legal and feasible to build six-unit buildings on any plot, then landowners will be able to build housing that is dense enough to be racially inclusive while also being profitable enough to compete with the demand for single-family homes.

You can see the details in your own neighborhood by using a model I’ve assembled using data from across the county. The economic reality is more complicated, yes, but the model is a first-order place to start.

A six-unit apartment building in Oregon. Image by Sightline Institute.

To make apartments and condos feasible, we have to do more than make them legal. Today, single-family detached houses are required to have ‘setbacks’ — yards in front, in back, and on both sides, and they must have parking spaces. There are also height restrictions. We must remove those onerous requirements. Two years ago, Minneapolis legalized three-unit buildings in every neighborhood. But they didn’t change any setback or parking requirements. The reform didn’t work: you can count the number of new three-unit buildings since then on one hand. In addition to removing setback, parking, and height restrictions, these new buildings must also be legal for anyone to build, without a costly review process: we must have a rezoning rather than a GLUP change.

A small apartment building in Capitol Hill, Seattle. Image by Sightline Institute.

This kind of zoning isn’t insanity. It won’t tear Arlington apart. Similar reforms have already been adopted in Sacramento, CA and Portland, OR. Many others, including Charlotte, NC, are considering the policy. These cities haven’t transformed overnight, but they’re gradually starting to see more affordable homes being built.

Dense rowhouses in Mississippi. Image by Sightline Institute

Legalize apartments, anywhere in Arlington. These could include subdivided houses, garages and sheds turned into studios, or new homes built in backyards. They could be mixed-use, with homes above cafes, restaurants, corner stores, or bakeries. Somewhere, neighbors might consolidate their lots to build together. Elsewhere, someone with a large lot might subdivide it, selling their backyard and keeping their home.

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Last week, we invited the two candidates running in the Democratic primary for Arlington County Board to write a post about why our readers should vote for them next Tuesday (June 8).

Here is the unedited response from incumbent Takis Karantonis:

Last year I ran for office not in spite of, but because of the extraordinary and demanding circumstances, in the middle of a pandemic that was ravaging our community and our economy. Fifteen years of civic engagement, community leadership and deep-rooted community relationships motivated and prepared me for assuming the responsibility to make difficult decisions while carefully listening to what Arlingtonians told me during the campaign and while in office.

Last year I pledged to remain rooted in civic engagement and to bring the voice of our diverse communities to the County Board. I kept and I continue to keep this promise. COVID-19 and our national reckoning on racial inequity in the wake of the murder of George Floyd revealed Arlington’s multifaceted and challenging disparities. My vision for Arlington, my action and my voting record are firmly centered on equity, inclusivity, transparency, fairness and responsiveness and the belief that we are a successful community when:

  • We care for the Health and Safety of ALL, especially of those lacking access or coverage.
  • We care for Economic Resilience, especially that of Small Businesses and working families
  • We care for Social and Racial Justice and Fairness on all levels from Policing, to Housing, to Education, to equitable access to natural and recreational resources and beyond.
  • We share the sense of urgency and common cause to confront the Climate Emergency.

In other words, I believe that we are successful when we work together and leave nobody behind.

As an immigrant I hold these core-beliefs very close to my heart as they guide my thinking, my politics and my work for an Arlington that works for ALL: A community of safe, and walkable neighborhoods, with excellent public schools, great public places and facilities, accountable, ethical and fiscally sound governance, ethnic, cultural and socio-economic diversity and an unwavering commitment to community involvement.

If elected, I will,

  • use the lessons learned during the pandemic to address the inequalities that COVID has revealed; strengthen our local social safety net; eliminate food and housing insecurity; enhance access to health and mental health services and provide unfettered access to critical services such as broadband for all.
  • deepen and accelerate our local response to the Climate Emergency; electrify our transportation; prioritize safe walking and biking; decarbonize new construction and retrofit legacy buildings; invest in stormwater infrastructure; protect and enhance our tree-canopy and our natural resources and most importantly: make Climate Resiliency and Sustainability a ‘Whole-of-Government’ policy.
  • ensure that racial equity and accountability permeates all activities and policies of our government, and progress is transparently measured and reported.
  • prioritize support for our Small Businesses; support them with a revolving micro-loan and technical assistance program; reduce costly red-tape and treat them as the job-creating, innovative community partners and stakeholders they are.
  • address our housing crisis, which continues to displace Arlingtonians; invest in the Affordable Housing Investment Fund and enhance Housing Grant eligibility; focus on corridor development while continuing pursuing longer term policies aiming to enhance housing choices that fit the needs of all Arlingtonians.

I believe in democratic values, collaborative leadership and inclusive planning expressed in the four pillars of my platform: equitable governance; fiscal sustainability and resilience; environmental sustainability; and principled and inclusive long-term planning.

I am proud to have earned the endorsement of all my colleagues on the County Board and on the School Board, as well as the endorsement of most of Arlington’s elected constitutional officers and representatives in the General Assembly; professional organizations; citizen-led advocacy groups and community leaders (representing our Black Community; Latino and Immigrant communities; Senior and Young Democrats; supporting multi-modal, cycling and sustainable transportation; public education; affordable housing; environmental sustainability; and mental health services). These endorsements are the result of years of working on Arlington issues and a testament to my passion for good, responsive and responsible local governance.

I hope to earn your vote and the opportunity to serve you as a County Board member on June 8.


Last week, we invited the two candidates running in the Democratic primary for Arlington County Board to write a post about why our readers should vote for them next Tuesday (June 8).

Here is the unedited response from Chanda Choun:

People always ask me why do I run for elected office.  As a 15-year Army Reserve veteran, business manager and technology professional, I continue to believe that I am the best person to provide missing skills and experience in local government that will lead us successfully into a post-pandemic new world. Each run adds to our collective story and forces changes, both large and small. But there are also other fundamental reasons.

As a Christian by way of the church that sponsored my family as Cambodian refugees to America during the Vietnam War era, I believe that giving my life to others is the ultimate act of love.

As a Buddhist by way of my family heritage, I believe that we are accountable for all that came before us and bear the responsibility for all who will come after us.

Thus, we have a system that needs fixing and wrongs that need righting.  My Freedom and Justice Plan for Arlington, a culmination of five years of community campaigning and study, calls for fundamental changes to local power and policy. It will:

  • Secure the local economy amidst the remote work revolution.

  • Be aggressive, adaptable, accountable with vaccine rollout.

  • Close the Digital Divide by ensuring that all Arlingtonians will have universal access to fast, affordable internet by 2023.

  • Protect our middle and working class.

  • Grow our diverse communities.

  • Update the local form of government to become more representative and responsive.

With me:

  • We can take a stand on what Arlington will look like 20 years from now.

  • We can get on a path that is sustainable — financially, environmentally, and socially.

  • We can get back to work, back to school, and back to living.

Folks, I’m not a flash in the pan.  This isn’t the first time I’ve run for local elected office.  This is the 2nd, 3rd, or 4th time depending how you count it (see campaign platform again about updating local form of government).  My initial run last year got wrecked by the pandemic and then emergency Arlington County Democratic Committee party candidate nomination rules created in response to the special election, which only allowed little more than 200 party officials and current electeds to choose the Democratic nominee.

The people deserve a fair open election, and now they are getting one this June 8. I believe in the lower D democratic process.  I believe in the civic process: the Arlington Way.

I’ve been an officer of my civic association in Buckingham for many years.  I’m a delegate to the Arlington County Civic Federation and formerly on its Board of Directors.  I’m a current Arlington County Fiscal Affairs Advisory Commissioner and Arlington Partnership for Children, Youth, and Families Out of School Time Councilmember.  I’m also a member of the John Lyon Veterans of Foreign Wars Post 3150 located off of Lee Highway near Mom’s Organic Market.

For Arlington County, will we own up to our current transformative developments and challenges?

  • The lost diversity of people in both race and economic class the past 20 years.

  • The lost tree cover and historic neighborhood floods in the face of development pressures.

  • The increasing taxes and fees on residents by thousands of dollars year-after-year to close never-ending budget gaps.

I will be the transformative Arlington County Board Member that fundamentally takes on these challenges.  Vote for the Freedom and Justice Plan this June 8, and let’s have a good election.  It’s the democratic thing to do.

(Name pronounced CHAHN-duh CHOON): https://chandachoun.com/meet-chanda/


Yesterday was the unofficial start of summer and today is the official start of the Summer 2021 Arlies awards.

You’re already familiar with The Arlies, our community awards which highlight Arlington’s favorite local places, people and organizations — as chosen by you. Now let us introduce you to our new format: weekly voting.

Rather than vote for whole bunch of categories once every three months, or once a year, now we’re making it even easier, with just 1-2 categories per week.

To vote, write in your local favorites in the ballot below (or click here). Voting is open until next Tuesday, when we announce the winners and vote on a new category.


Memorial Day weekend is here and the flags are in at Arlington National Cemetery.

ARLnow’s Jay Westcott, himself a veteran, photographed the solemn annual tradition Thursday afternoon. His photos are above.

The most-read Arlington stories of the week, meanwhile, are below.

  1. Large Fire at Shirlington Apartment Building
  2. A Man Is Filming Children Wearing Masks and Accusing Parents of ‘Child Abuse’
  3. Authorities Investigating Reports of Dead and Sick Birds Around Arlington, Region
  4. ACPD Preparing for Potential Traffic Congestion Due to Motorcycle Rally
  5. The Salt Line in Ballston Planning for a Summer Opening
  6. Lilly Pulitzer Store Closes in Clarendon
  7. For Sale: 140-Year-Old Home Along Columbia Pike
  8. Only About Two Covid Cases Are Being Reported Per Day in Arlington
  9. Man Arrested After Jumping on Hood of Car at Red Light in Ballston
  10. Local Affordable Housing CEO Retires
  11. Mary Kadera Captures Democratic School Board Endorsement
  12. Arlington’s Coronavirus Case Count Is Going Backwards
  13. Morning Poll: Cicadas vs. Expectations
  14. New Pizza Option Appears to Be Coming to Rosslyn

Feel free to discuss those articles or anything else of local interest — like the lifting of Virginia’s remaining coronavirus distancing and capacity restrictions, or the president’s visit to Alexandria today (the second in as many months) — in the comments.

Have a nice holiday weekend, Arlington! We’ll see you on Tuesday.


Progressive Voice is a bi-weekly opinion column. The views expressed are solely the authors’.

By Arbora Johnson and Victoria Virasingh

Numerous studies, including one by the Federal Reserve, show that women, especially women of color and immigrant women, have borne the brunt of economic pain during the pandemic.

This “she-cession” is the result of female job loss at a higher rate than that of men, and, simultaneously, the need to care for children not in school. So where does Arlington County stand on childcare assistance and support for working moms with school-age kids?

The plight of working moms is dire, with public K-12 schools completely closed for in-person learning for a full year and open since March for just two short days per week. Childcare for younger children, always expensive and hard to come by in the County, is out of reach for too many households. This is hitting women across Arlington from all socio-economic backgrounds and neighborhoods. It is even becoming a barrier to getting vaccinated.

“Maria” and her husband work minimum wage jobs in the restaurant and cleaning industry, with no work from home option. As restaurants started reopening, her husband picked up shifts — but they were still far behind financially. When cleaning jobs recently came her way, Maria had to make a choice. At the “brink of losing our apartment that we rent and needing money for food,” Maria decided to take the job and leave their young school-aged son at home doing virtual APS classes.

When asked about childcare options, she broke it down: Minimum wage paid $7.25/hour, while the cheapest childcare she can find in Arlington costs $13.00/hour. On May 1, after interviewing Maria, the minimum wage in Virginia rose to $9.50.

Andrea is a mother of two young elementary school age kids who, for the first time since graduating from college, reached the point where holding down her full-time job was no longer workable.

“I want to be working,” she said. “But it became untenable. We have no family nearby and Covid eviscerated the community and the other day-to-day supports that we previously utilized to keep our household functioning.”

Anyone trying to keep elementary schoolers on track in virtual school knows the challenge; those who can afford it hire tutors (which requires space) or make the choice to step back from their jobs.

A single mom of a 1-year-old, Vilma needed help getting to her appointment for the Covid vaccination. With no car and a 1-hour public transit route, she got help from the Rides to the Vaccines team. When she got a text from the woman giving her a ride asking, “Is there a car seat available or can you get childcare for the baby?” Vilma panicked because the answer was “no.”

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The cicada invasion is nearing its peak in the D.C. area.

More warm weather this week will send more cicadas up from the ground and onto trees, fences and sidewalks. We have perhaps another month or so of cicadas making noise, mating, and laying eggs before things start to calm down.

And yes, given the appetite of birds and other local wildlife for the winged delicacies, that will also mean more half-eaten zombie cicadas roaming around between now and the beginning of July.

Given that we’re near the peak, we’re wondering how your expectations for Brood X compare to the reality of the number of cicadas around town at this point.

More? Less? Let us know in the poll below.


Another week, another busy news cycle with plenty of local stories to cover.

Next week, as we head into the long Memorial Day weekend, looks to be busy as well, though holidays have a way of slowing things down.

Because of how much there was to cover over the past two weeks, enough stories got bumped to next week that our coverage plan is already completely full through at least Thursday morning.

Speaking of next week, we will likely not be publishing, or will be publishing on a reduced schedule, on Friday. After 15 months of a pandemic, and of covering local news from kitchen tables, we’re giving our staff a much-needed four-day weekend to relax.

But enough about next week’s coverage. Below are our most-read articles from the past week.

  1. Neighbors Saved Driver from Car Minutes Before Flames Engulfed It
  2. Arlington Acquires Land in Potomac Yard for Planned Upgrades to Park
  3. New Steakhouse Coming to Former Ben’s Chili Bowl Space
  4. No New Coronavirus Cases Reported Today in Arlington
  5. Facing Blowback From New Summer School Restrictions, APS Apologizes to Teachers
  6. Coronavirus Cases Hit Lowest Point Since Start of Pandemic
  7. County Board Directs Manager to Consider More Logo Designs
  8. A Flurry of Activity at the Serrano Apartments After Residents Decry Conditions
  9. Construction on Red Top Cab Site Set for Fall Pending More Approvals

Feel free to discuss those stories, or anything else of local interest, in the comments. Have a nice weekend!


What’s Next with Nicole is a biweekly opinion column. The views expressed are solely the author’s.

For the past week I have been fuming at the ears mad about the situation at the Serrano and the impossibly difficult situation any Virginia renter that lives in poor housing conditions lives with.

Even after appreciated commitments from local leaders, systemic failures in local code enforcement and bare minimum renters rights laws in Virginia continue as a result of systemic failures. A long-term assessment of the system that has allowed this situation to happen must be taken.

Policy action items laid out in this column include near-term code enforcement by Arlington County and long-term policy changes in the General Assembly such as bare minimum living standards being included in building code, strengthening of law for the prohibition against retaliatory eviction, warranty of habitability, and remedy when a premise is condemned.

Long Term — Changes in the General Assembly

Include Bare Minimum Livable Standards in Virginia Uniform Statewide Building Code

Livable building standards are currently included in the Virginia Residential Landlord and Tenant Act (“the Act”) instead of in Virginia Uniform Statewide Building Code (“Code”). Basic living standards that were broken at The Serrano include significant mold presence, rodent infestation, and other utility grievances. Not having these standards included in code is a problem for multiple reasons.

To prove a violation of the Act a tenant must hire a professional expert to attest to these standards being violated in court after attaining a lawyer. Hiring a professional expert is a significant expense even if you are a low income resident that would qualify for free legal counsel from Legal Services of Northern Virginia. If these basic standards were included in Code a county inspector would be able to require correction of the violation or issue an abatement order and/or write a letter of attestation for use in court. These options aren’t currently available since it is not required by code.

For example, DC Housing Code requires rental dwellings: be free of insects and rodents, have A/C that is 15 degrees less than outside, have heating equipment that heats to 68 degrees, water temperature that can reach 110 degrees, paint that is not flaking, removal of lead paint, mold removal, no plumbing leaks, among other things.

Strengthen Prohibition Against Retaliatory Eviction

One of the most heartbreaking stories we heard on the most recent Tenant-Landlord Commission call was the stories of retaliatory actions by AHC’s property management team. This made some scared to bring up problems in fear of retaliatory action that could lead them to being evicted.

Technically Virginia law has a prohibition against retaliatory eviction but proving it is next to impossible. Judges generally will not apply retaliatory eviction to the landlord’s refusal to renew a lease. Other states presume that an eviction brought within a certain period (e.g., 6 months) after the tenant asserts rights is retaliatory. This presumption should apply to a refusal to renew as well.

Warranty of Habitability

Many states have a warranty of habitability for items such as heat and running water. To enforce the warranty of habitability, a tenant need not be current in rent nor have provided written notice to the landlord. In a non-payment of rent case, if the tenant proves the housing conditions entitle them to a rent abatement (a rent credit) equal to or greater than the unpaid rent, the tenant gets to stay.

Remedy When Premises are Condemned

Under existing law, if the rental premises are condemned, the tenant must vacate immediately. The tenant is entitled only to the return of unearned rent and the security deposit. The premises did not fall into such disrepair overnight. Instead, the premises must have been deteriorating for months. There should be a rebuttable presumption that the tenant is entitled to a refund of the last three months of rent. 

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