February 25, 2021

Fairfax County Amends Workforce Housing Policy to Target Lower Income Levels

Scott Adams, Sheri Akin, Lori Greenlief, Gregory Riegle, Michael Van Atta

McGuireWoods LLP

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On Feb. 23, 2021, the Board of Supervisors of Fairfax County, Virginia, amended its Workforce Dwelling Unit (WDU) policy to target lower income levels, with a commensurate reduction in the percentage of affordable units required in development projects.

The recently adopted policy changes cover only rental units and are anticipated to have a financial impact on development projects. Any owners or developers with multifamily rental projects planned or in the entitlement process should evaluate their projects to ensure they reflect the updated policy.

Under the new policy, WDUs target those making 60 to 80 percent of area median income (AMI) and eliminate units targeting the 100 and 120 percent AMI tiers. The specific AMI tiers and expected percentage of units to be provided are included below.

Fairfax WDU Chart

Source: fairfaxcounty.gov

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.