Zoning in Arlington County, Virginia: The Missing Middle / EHO Litigation

What the Expanded Housing Options ordinance actually did

In March 2023, the Arlington County Board approved the Expanded Housing Options (EHO) ordinance -- widely referred to as "Missing Middle" zoning -- which allows duplexes, triplexes, and quadplexes to be built on lots across the county that had previously been zoned exclusively for single-family detached homes. For anyone evaluating an existing Arlington lot with an eye toward redevelopment, this is the single most consequential zoning fact in the county: it changes what can legally be built on a huge share of Arlington's residential-zoned land, well beyond what the underlying single-family district name alone would suggest.

A three-year legal saga that is still not resolved

The EHO ordinance has been in active litigation essentially since it passed, and the case's trajectory has already reversed once. Following a trial in summer 2024, a circuit-court judge initially ruled in favor of the plaintiffs (a group of neighborhood residents opposed to the change) and struck down the Missing Middle zoning changes. That ruling did not stand: in June 2025, an appeals-court panel overturned the circuit-court decision, finding that a developer who had already invested in an EHO project was an "indispensable party" that should have been included in the case -- reinstating the ordinance on procedural grounds rather than resolving the underlying zoning dispute on its merits.

The case then escalated further: in October 2025, the plaintiffs petitioned Virginia's highest court, and in May 2026 the Virginia Supreme Court agreed to review the lawsuit -- a case reporting describes as having potential statewide implications for how other Virginia localities can approach zoning reform, not just Arlington. Critically, the Supreme Court's May 2026 order did not halt EHO development while the case proceeds, meaning the county continues to process applications under the 2023 ordinance as currently written. As of this writing, further trial proceedings were expected within roughly three to six months.

What this means if you're evaluating an Arlington lot

If part of your interest in an Arlington property is its potential for duplex, triplex, or quadplex redevelopment under EHO, treat the ordinance's legal status as a live, actively litigated risk factor, not a settled fact -- a Virginia Supreme Court ruling against the county could still unwind some or all of the EHO framework, even though development continues under it today. Before relying on EHO eligibility as part of a purchase decision, confirm directly with Arlington County's Department of Community Planning, Housing and Development both the current zoning-permitted use for the specific lot and the current litigation status, and if a specific project is already underway or permitted on a parcel you're evaluating, ask specifically whether that individual permit or approval carries any distinct legal risk given the pending Supreme Court review.