Arlington Missing Middle (EHO) Housing in 2026: What Buyers and Homeowners Need to Know
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What the Expanded Housing Option Allows, Permit Caps, Parking and Trees, the Sewer Question and Where the Court Case Stands
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Quick Answer: Is Missing Middle Housing Allowed in Arlington Right Now?
Last updated October 11, 2026.
Quick answer: yes. Arlington’s Expanded Housing Option (EHO), often called “Missing Middle,” was adopted by the County Board in March 2023. It allows duplexes, semidetached homes, townhouses of up to three units and small multifamily buildings of up to six units on eligible lots in the R-5, R-6, R-8, R-10 and R-20 districts, with a cap of 58 permits a year. A lawsuit over how the ordinance was adopted is still in the courts: in May 2026 the Supreme Court of Virginia agreed to review a procedural ruling, and the county says it continues to accept and review EHO applications while the case proceeds.
This guide is factual background, not legal advice. Back to the Arlington VA realtor and local guide.
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What EHO Allows
Per the county’s EHO page, EHO developments are permitted by right on lots that meet all of these tests:
- the lot is in the R-5, R-6, R-8, R-10 or R-20 zoning district;
- it is not inside a designated planning district on the General Land Use Plan; and
- it is smaller than one acre (43,560 sq. ft.). Larger lots need a County Board special exception use permit.
Allowed building types are duplexes, semidetached dwellings, townhouses with up to three units and multiple-family buildings with up to six units. Existing one- and two-family homes can also be altered or added onto to become EHO dwellings.
Permit Caps and Minimum Lot Sizes
No more than 58 EHO permits can be issued per calendar year: 7 in R-5, 30 in R-6 and 21 combined in R-8, R-10 and R-20.
| District | Minimum lot area | Minimum lot width |
|---|---|---|
| R-20 | 20,000 sq. ft. | 100 ft. |
| R-10 | 10,000 sq. ft. | 80 ft. |
| R-8 | 8,000 sq. ft. | 70 ft. |
| R-6 | 6,000 sq. ft. | 60 ft. |
| R-5 | 5,000 sq. ft. (6,000 sq. ft. for 5 or 6 units) | 50 ft. |
Smaller nonconforming lots can still be used for EHO, but are limited to four units unless the lot is at least 7,000 sq. ft.
Size, Parking, Trees and Design Rules
Building size: maximum main-building gross floor area is 4,800 sq. ft. for a duplex, 5,000 for semidetached, 7,500 for townhouses, 6,000 for a three-unit building, 7,200 for four units and 8,000 for five or six units. Lot coverage and footprint limits match those for single-family homes in each district.
Parking: one off-street space per unit, reduced to half a space per unit when the lot is within 0.75 miles of a Metrorail entrance or a half mile of a Premium Transit Network stop, or when a county parking survey shows the block’s on-street parking is less than 65% occupied. Cul-de-sac lots don’t qualify for the reduction, curb cuts are limited to 17 feet, and tandem spaces count as one.
Trees and screening: four shade trees for projects of up to four units and eight for five or six units; HVAC, trash and storage must be screened from the street.
Design: at least one main entrance must face the street, and every townhouse or semidetached unit must have its entrance facing the street.
An EHO permit is a zoning approval only; building permits and a certificate of occupancy are separate steps.
Where the Court Case Stands (October 2026)
| Date | What happened |
|---|---|
| March 2023 | County Board adopts the EHO zoning changes. |
| Sept. 27, 2024 | Arlington Circuit Court rules the ordinance void, finding the county did not follow proper procedure or adequately consider certain impacts. |
| June 2025 | The Court of Appeals rules that developers holding EHO permits were indispensable parties, effectively putting EHO back on the books. |
| Sept. 5, 2025 | The Court of Appeals again reverses the Circuit Court and sends the case back; the county reopens EHO applications on Oct. 1, 2025. |
| April 8, 2026 | The Supreme Court of Virginia hears argument on whether to take the plaintiffs’ appeal. |
| May 19, 2026 | The Supreme Court agrees to review the Court of Appeals ruling. The county notes the merits of EHO are not part of this appeal and says it will keep following the ordinance and comply with any future ruling. |
As of Oct. 11, 2026, we found no decision from the Supreme Court. Supporters and opponents read the case very differently; this timeline sticks to what the courts and the county have published. ARLnow reported 59 EHO projects on the county permit dashboard as of April 2026, some of which later switched to single-family plans.
The Sewer Lateral Question
Sewer capacity was one of the issues at the 2024 trial. In voiding the ordinance, the Circuit Court cited the county’s failure to consider how added sewage and stormwater could affect the laterals serving single-family homes, while a county expert testified that the system could handle the modest growth expected. The appeals since then have turned on procedure, not on this question.
For buyers, the practical point is simpler: in Arlington the sewer lateral from a building to the county main is privately owned and maintained. Whether you are buying an EHO unit or an older house next to a new project, ask about the lateral’s age and material and consider a camera inspection.
If You’re Buying an EHO Home
- Ownership form: EHO units may be sold as condominiums or as townhouses on their own lots. Ask for the condominium or HOA documents, the budget and how shared items (roof, lateral, driveway, trees) are maintained.
- Parking: the project may have been approved with half a space per unit; confirm exactly which space comes with your unit.
- Permits: confirm the certificate of occupancy and final inspections.
- Pricing: ARLnow reported two side-by-side North Highlands EHO duplex homes selling for $1,615,000 (December 2025) and $1,610,000 (March 2026). Prices depend heavily on location and size; ask Nikki for current Bright MLS comparables.
If You Own Near an Eligible Lot
EHO permits on eligible lots under an acre are approved administratively by the Zoning Division, without a County Board hearing. To see what is planned near you, check the county’s permit map and the EHO annual report linked from the EHO page. Locals often debate how EHO will change their streets; the county publishes annual data on how many permits have been issued and where.
If you are thinking of selling a lot that may qualify, a Zoning Division code consultation can confirm eligibility before you market it. Nikki can help you price for both a buyer who will live there and one who may build.
More Arlington Guides
- Arlington VA realtor: the full Arlington guide
- Arlington neighborhoods explained
- Buying an Arlington condo with two cars
- Arlington development tracker
- Arlington events and farmers markets calendar
- Hidden history of Arlington
Nearby area pages: Falls Church, Alexandria, Vienna and Fairfax, or see all areas served. Nikki’s results are on the Rankings & Data page.
Arlington EHO FAQ
Is Missing Middle housing legal in Arlington right now?
Yes, as of October 2026. The county continues to accept and review Expanded Housing Option applications while the Supreme Court of Virginia reviews a procedural ruling in the lawsuit.
How many homes can be built on an EHO lot?
Up to six units, depending on the building type and lot. Duplexes, semidetached homes, townhouses of up to three units and multifamily buildings of up to six units are allowed on eligible lots.
How many EHO permits can Arlington issue each year?
No more than 58 per calendar year: 7 in R-5, 30 in R-6 and 21 combined in R-8, R-10 and R-20.
Do EHO projects need parking?
Yes. One off-street space per unit is required, reduced to half a space per unit near Metrorail or Premium Transit Network stops or on blocks where on-street parking is less than 65% occupied.
What happens if the courts rule against EHO?
No one can predict the outcome. The county has said it is prepared to comply with any future rulings. Buyers and owners of EHO projects should follow the case and talk with an attorney about their specific situation.
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Sources
Sources checked October 11, 2026.
- Arlington County: Expanded Housing Option (EHO) Development (eligibility, caps, standards, Oct. 1 reopening); water and sewer services information package (lateral ownership)
- ARLnow: Virginia Supreme Court agrees to take up Missing Middle lawsuit (May 19, 2026); Virginia Supreme Court hears Missing Middle arguments (April 8, 2026); Judge overturns Missing Middle zoning changes (Sept. 27, 2024); Appeals Court puts Missing Middle back on the books (June 25, 2025); Sewer testimony (July 15, 2024)
- Photo: Ballston aerial, by Duane Lempke, CC0 via Wikimedia Commons.
