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Five-unit Venable apartment building to be replaced with nine-dwelling structure 

The proposed apartment building at 1609 Gordon Ave. will include nine units. Image via Design Develop.

The future of land use in Charlottesville will be determined parcel by parcel as property owners make decisions about whether they will build units that are required to be sold or rented at levels below the market value. 

The relatively new owners of 1609 Gordon Ave., an LLC who bought the property in December 2021 for $600,000, have decided not to pursue affordability when replacing a two-story 1963 apartment building with a three-story structure with nine units. 

That is one unit less than would trigger the city’s mandate that 10 percent of units in non-residential neighborhoods comply with affordability requirements. This is known as inclusionary zoning. 

“Rents for affordable homes are set relative to the Area Median Income (AMI), the household income for the median household in a region,” reads a portion of the Affordable Housing Plan adopted by Charlottesville City Council in March 2021. 

The maximum monthly rents are established in the city’s affordable dwelling unit manual and must be reserved for households with incomes below 60 percent of AMI. At that level, the current monthly caps are $1,416 for a two-bedroom, $1,582 for a three-bedroom, and $1,732 for a four-bedroom. Developers must submit a form showing how they will comply with the rules, but the Gordon Avenue project is exempt and does not have to provide any information about projected rents. 

Located in the Venable neighborhood, 1609 Gordon Ave. has the RX-5 designation that allows for as much density as can fit within a seven-story structure, as long as 10 percent of units are affordable or the developer contributes to a city fund. The new rules increased these amounts substantially to $368,303 for a two-bedroom unit and $547,339 for a three-bedroom unit. 

The new zoning eliminates the role City Council plays in such developments, but the Board of Architectural Review still has to sign off on the design. It had an initial review on Tuesday, October 15, a discussion that had nothing to do with affordability but everything to do with how the new structure will fit in with the surrounding architectural design control district.  

That district has been changing with certificates of appropriateness, having recently been approved for a new four-story apartment building at 1532 Virginia Ave., a three-story sorority house at 503 Rugby Rd., and a three-story apartment building at 605 Preston Ave.

But one remaining question is whether anyone will take advantage of the higher densities allowed and submit to the inclusionary zoning. Charlottesville’s Housing Advisory Committee will discuss potential proposals on Wednesday, October 16. These include measures to provide tax rebates to subsidize the cost to the developer. 

Meanwhile, the Charlottesville Redevelopment and Housing Authority continues to proceed with a plan to purchase more units across the city and use federal housing vouchers to subsidize their cost. In September, the CRHA Board agreed to spend $2.8 million to purchase three more properties, comprising more than a dozen units, around the city. 

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Yes in my backyard

Syleethia Carr, a graduate of the Public Housing Association of Residents’ internship program, says affordable housing is not being built fast enough in Charlottesville. Photo by Eze Amos.

On November 15, 2021, the City of Charlottesville approved a comprehensive plan to address equity issues in land use, transportation, and housing. A vital component of this plan was to increase affordable housing, specifically by building more duplexes and apartment buildings in areas traditionally reserved for single-family housing. 

But every new housing project involves a lengthy approval process, including input from community members who often oppose new developments. For instance, approval for a new eight-story building on Jefferson Park Avenue only passed by one vote last May, with opponents of the project arguing that it would block sunlight from other residents and intrude on neighborhoods historically occupied by families. 

Livable Cville, an advocacy group that believes housing is a human right, seeks to provide answers for those skeptical of new developments. In a FAQ document posted on its website, the group answers questions like “Won’t this all just benefit developers and real estate investors?”, “Will the proposed land use map lead to the construction of large apartment buildings in my neighborhood?”, and “Has this process been rushed?”

Charlottesville resident Syleethia Carr argues that the process is not happening fast enough. “At the end of the day, City Council members are going home, maybe to a house, apartment, townhouse, or duplex. But many here are going to their cars or under a bridge looking for shelter anywhere.”

The Daily Progress reported last May that homeless rates were up in both the city and the county. A Virginia Public Media report last year found that over 1,000 people in the city were on a waitlist for affordable housing vouchers.

“Having stable and secure housing is something that is important to the cultural fabric of Charlottesville,” says Carr, a graduate of the Public Housing Association of Residents’ internship program. “You have people that were now shipped out to Waynesboro, Harrisonburg, Fluvanna but most of them don’t have transportation. Affordable housing is needed because these people work here.”

Matthew Gillikin, a Charlottesville resident who has been involved in housing conversations since the summer of 2017, concurs. “I think it’s very important to pair zoning regulations that allow more people to live closer to their jobs and schools and amenities,” he said, noting the issue is multifaceted. 

“I’ll be the first person to say that zoning alone isn’t going to solve this issue,” Gillikin says. “It’s an issue a decade in the making. And so it’s not like we’re going to be able to quickly undo the damage that’s been done.”

One part of the solution that Gillikin has focused on is parking. In an op-ed to the Progress, he urged the city to eliminate parking minimums to allow for more affordable housing.

Carr says students at the University of Virginia have a role to play and can use their voices to advocate for the community. “The people that are right here … that are pushing the trash out the way, that are driving the cars around, these people that do these jobs, they are the ones that are helping us,” she said.

Carr sees UVA students as a part of the community, not separate from it.

“We are together as a community, as a whole community. When you go to Walmart, I go to Walmart too,” she says. “My main joy is seeing a child smile because they are at home with their family. The question is when will there be affordable housing here? How long will we wait on real affordable housing?”

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No relief

The Legal Aid Justice Center doesn’t have enough funding to guarantee a lawyer for every area resident facing eviction, but it has recently hired more attorneys, which means it can represent more tenants. Staff photo.

Since the Supreme Court ended the national eviction moratorium in August, many Virginians have been able to stay in their homes thanks to the state’s rent relief program. But on May 15, the program will stop accepting new applications due to dwindling funds, leaving struggling renters with few other assistance options. 

Once the program ends, Charlottesville and Albemarle residents facing eviction can still apply to the Pathways Fund (833-524-2904), which is prioritizing tenants who owe less than $1,000 in back rent. And across the state, residents in need of rent relief—among other types of assistance—should call 211 to see what local resources are available to them.

However, many community assistance programs have run out of funding over the past two years, explains Lydia Brunk, co-chair of Charlottesville Democratic Socialists of America’s Housing Justice Committee, which connects local residents facing eviction with resources. The state’s program has been the sole source of relief for many tenants behind on rent.

“There are definitely community organizations doing good work, but they can’t be expected to fill in the big giant hole that’s going to be left by an entire statewide-funded eviction prevention program,” says Brunk. “It’s simply not reasonable for the state to pull back this huge social funding, and then for the community to try and patch up the holes.”

With limited rent relief available, housing advocates predict a spike in evictions in the coming weeks. Over the past few months, evictions have already been on the rise—since February 28, there have been 77 eviction hearings in Charlottesville and 260 in Albemarle County, according to court data collected by Charlottesville DSA. During the week of April 11, the two localities had over 85 hearings combined.

The Legal Aid Justice Center urges anyone who receives an eviction notice to show up to their court date.

“There have been property managers and landlords telling people [not to go], and that’s the easiest way to automatically lose your case,” says Moriah Wilkins, LAJC’s Skadden Legal Fellow.

“The number-one thing you can do to advocate for yourself is just be present,” adds Victoria McCullough, co-chair of DSA’s housing justice committee. “That will give you some time between the first court date and whatever else happens next to shore up some support, and we can try to help you with that.” 

Additionally, tenants at risk of losing their homes should keep records of correspondence they’ve had with their landlord. Through June 30, all landlords are required under state law to give tenants who are behind on rent a written 14-day notice to pay what they owe, including information about the 211 assistance line and—until it ends—the Virginia Rent Relief Program, before proceeding with an eviction. Those who own four units must also offer a payment plan of up to six months for past-due rent. And before May 15, landlords are required to apply to the VRRP on the tenant’s behalf during the 14-day notice period, if the tenant has not already applied or agreed to a payment plan. 

“If there are any legal errors in the notice given to you by your landlord, you may be able to prevent or delay your eviction,” says Wilkins.

Until June 30, landlords will still be prohibited from evicting tenants who’ve applied to the VRRP, unless they are not approved to receive relief within 45 days, are found ineligible, or the program runs out of funding.

Local residents facing eviction can contact the LAJC for legal assistance, including help filling out their VRRP application. In July, Charlottesville City Council allocated $300,000 in American Rescue Plan funds to the nonprofit to create an eviction prevention pilot program. With legal representation, tenants facing eviction are far more likely to remain in their homes—yet few can afford a lawyer. Meanwhile, a majority of landlords have attorneys with them in court.

LAJC is also currently in the process of finalizing a $200,000 contract with Albemarle County for eviction prevention. Though LAJC has not received enough funding to guarantee a lawyer for every local resident facing eviction, it has been able to hire additional attorneys since last summer, enabling it to represent more tenants.

More funding from the city may be on the way. “This budget cycle we also voted to allocate $1 million to boost our rent and mortgage relief programs, [but] additional money could potentially be added to support emergency rent relief/eviction prevention when the second tranche of our American Rescue Plan Act money becomes available,” Councilor Michael Payne told C-VILLE in an email. “We haven’t yet had any formal discussions about how to fully allocate that money.”

According to Wilkins, LAJC is prioritizing local residents with unlawful detainers, especially those with housing subsidies. Even if the nonprofit’s lawyers are unable to take on a tenant’s case, they give them free advice on what to do on their court date. 

“We tell people to ask for a hearing. This is when you will have the opportunity to argue your case, and stay in your home,” says Wilkins. “And if you have applied to rent relief prior to May 15, let the judge know—that can be another protection.”

In the meantime, housing advocates encourage struggling tenants to apply to the VRRP as soon as possible—applicants often endure lengthy wait times. Households that make less than half their area’s median income, or with one or more people who have been unemployed for at least 90 days, are being prioritized until the application deadline. 

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To build or not to build

The proposed Stribling Avenue development project has gone back to the developer for additional review. Supplied photo.

After a public hearing last week, the Charlottesville Planning Commission sent a proposal for 170 new housing units back to the developer for updates. 

Southern Development is asking the city to rezone 12 acres of land in the Fry’s Spring neighborhood to allow the construction of a new complex of townhomes and apartments. Fifteen percent of those units would have to be designated affordable housing.

“The Planning Commission told us very clearly [they] wanted to see something more dense and less suburban,” said Charlie Armstrong, vice president at Southern Development. 

The development’s fate could depend on whether or not the city and the developers can scrounge up enough cash to fund sidewalk upgrades and other safety improvements around the area. 

Last year, the Fry’s Spring Neighborhood Association expressed support for the development on the condition that such updates went through. Armstrong then negotiated an agreement with the Office of Economic Development, promising that Southern Development would give a $2 million loan to the city to build those improvements. The city would then pay Southern Development back over a period of years out of the increased property taxes that it’s set to receive. 

At the meeting, the city and the developer clashed over the specifics of the deal: Southern Development estimates the infrastructure upgrades will cost around $1.6 million. City Engineer Jack Dawson said he’d only seen the proposal two days before the meeting, but that it could cost as much as $2.9 million in his estimation. “It isn’t just a sidewalk. It’s essentially a streetscape, because when you touch a road you need to bring it up to code,” he said.

Armstrong expressed frustration at the discrepancy between the estimates. “That’s not a number that I’ve ever seen published, or have ever heard,” Armstrong said, even though the company has “been talking with the city, and been in this review process with the city, for months and years.”

The city doesn’t have much to spare by way of capital improvement funding: Last week, council opted to transfer funding allocated for the West Main Streetscape to the $75 million reconfiguration of Buford Middle School. Budget staff said that could require as much as a 15-cent tax increase next year.

“Right now, every penny we are going to have in capital funds is going to get allocated for school reconfiguration,” said City Councilor Lloyd Snook. 

The co-president of the FSNA appreciated the work that went into the agreement, but said it was not yet enough to satisfy his concerns. 

“There is a potential to find a solution here, but there is a big but,” said Jason Halbert. “It’s about safety on that street and the JPA intersection.”

Halbert said the agreement had not been fully reviewed by the appropriate staff. He asked for the project to be delayed while the details of the agreement are worked out. 

Planning Commissioner Hosea Mitchell said he liked the project overall but agreed it might not be ready.

“I think it could use a little more baking,” Mitchell said. “There would be value in sitting with the engineers and the economic development people and working out the details and logistics.”

Another commissioner suggested the city has to do a better job of communicating internally on matters like this, especially given that the current draft of the city’s new comprehensive plan encourages the creation of more dense housing across the city.

“It’s endlessly frustrating to me, the degree of dysfunction within the city,” said Commissioner Rory Stolzenburg, “that the economic development office is negotiating this agreement and isn’t even telling [the city engineer] about it until literally two days ago.”

Southern Development requested an infinite deferral to see if the details can be worked out. 

County approves 254 units near Forest Lakes

Also last week, the Albemarle County Board of Supervisors approved a development that will see 254 apartments—190 of which will be set aside as affordable housing—constructed just off Route 29. The project was approved in a 5-1 vote. The county’s comprehensive plan had highlighted the area as a good spot for potential growth. 

“I personally live in an area where many apartment units have gone up,” said Ned Gallaway, chair of the Albemarle County Board of Supervisors. “And they fill quickly. The question is whether the infrastructure is there to support the density.” 

Throughout the approval process, the community association of the nearby Forest Lakes neighborhood argued against the project, saying it was out of scale with their existing neighborhoods. 

“We talk a lot about how we are an inclusive and welcoming place to live. This is an opportunity to create a place for people to live that have not been able to live in our community,” said Supervisor Diantha McKeel. 

In her support for the project, McKeel noted that VDOT has invested nearly $230 million in road improvements in Albemarle within recent years, and is currently studying how to further expand transit to the area. 

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Eviction moratorium nears end

Over the last year, thousands of Virginia renters have been able to stay in their homes thanks to a variety of eviction prevention measures, including a statewide rent relief program. But on July 1, Governor Ralph Northam lifted Virginia’s state of emergency, which spells the end for some of those protections. And on July 31, the Center for Disease Control’s nationwide ban on evictions will permanently expire.

“We’ve definitely seen an uptick lately in the [eviction] filings,” says Brian Campbell, co-chair of Charlottesville Democratic Socialists of America’s housing justice committee. “I don’t know if that’s because landlords were anticipating the end of the moratorium and went ahead and started filing. But I definitely think that when the moratorium ends, [this] is a preview of things to come.”

“Even some of the larger complexes…have started filing for evictions for people who owe less than a month’s rent,” he adds. “It seems like they’re really going to go hard after people.”

Now that the state of emergency is over, landlords no longer have to apply for rent relief on behalf of their tenants, don’t have to notify their tenants about available rent relief programs, and are allowed to initiate eviction proceedings more quickly. They also no longer have to wait 45 days after they (or their tenant) apply for relief to proceed with an eviction.

“If a landlord doesn’t want to bother applying for rent relief, or accept the funds, they don’t have to,” says Caroline Klosko, a housing attorney for the Legal Aid Justice Center. 

A few key state protections remain in place, though. Through the end of September, renters facing eviction can request a 90-day continuance of their case if they can prove they were unable to pay their rent due to the pandemic. Until July 1, 2022, landlords must also give tenants two weeks—instead of five days—to make a missed payment. And landlords who own more than four units must offer payment plans for late rent. 

Virginians are still able to apply for rent relief from the state. Because some tenants have struggled to access that program, LAJC is hiring someone to assist local residents with their applications over the next few months.

Despite these efforts, Klosko expects to see a “vast increase” in evictions in the area when the CDC moratorium expires at the end of the month. 

In the coming months, DSA and LAJC hope Charlottesville gets its right-to-counsel program, approved by City Council in April, up and running. Though City Manager Chip Boyles said the new program—which would provide lawyers for low-income households facing eviction, significantly increasing their chance of staying in their homes—will be paid for by American Rescue Plan funds, the process for distributing those funds is not yet underway.

“The next challenge is to try to get Albemarle [County] to pass something similar,” says Campbell. “That seems like it’s going to be a little bit more of an uphill battle.”

In the meantime, Klosko encourages residents who receive an eviction notice to contact LAJC as soon as possible. 

“We want to figure out if there’s a way we can help,” she says.

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House calls: Finding shelter for local homeless vets

Caleb Fox works at The Haven to get veterans housed. eze amos

It’s been almost one year since Governor Terry McAuliffe announced that Virginia was the first state in the U.S. to functionally end homelessness among veterans—and while it may not seem that way when residents drive through Charlottesville and see people begging, evolving housing programs are having positive effects on the city and surrounding counties.

Partnerships between Veterans Affairs medical centers, programs that support veterans families and local homeless organizations such as The Haven continue to piece together a complex, and often sensitive, puzzle.

Functionally ending homelessness does not mean it is eradicated. It means programs are in place to ensure a veteran’s experience with homelessness now—or in the future—will be “rare, brief and non-recurring,” according to McAuliffe. Rapid Re-Housing and Homelessness Prevention are two examples of programs available.

The Haven is often considered the homeless point of entry in Charlottesville and its five surrounding counties: Greene, Nelson, Fluvanna, Louisa and Albemarle.

Situated in a former multi-story church donated by Evan Almighty director and UVA alum Tom Shadyac on the corner of East Market and First Street North, The Haven has been addressing the needs of the area’s homeless community since opening its doors in 2010.

Caleb Fox, veterans case manager for The Haven, says the change towards housing programs has been monumental.

“The Rapid Re-Housing program is based on this notion of housing first,” says Fox. “In the last three years the approach to homelessness has really shifted on its head. It used to be getting folks into a shelter, addressing their physical and mental health, substance abuse, income issues and then getting them into a house. Now it’s get them into housing and then working on the other things through individual case management.”

Former Charlottesville mayor Dave Norris is another influential figure in the fight against chronic homelessness. During his time in office from 2008 to 2011, he was instrumental in getting The Crossings—a permanent supportive housing community for formerly homeless people—funded, developed and officially launched. He’s witnessed firsthand the changes to the system.

“There’s been this real focus nationally of addressing homelessness,” Norris says. “The consensus was that we were doing a decent job of putting a Band-Aid on homelessness, but not doing a very good job of actually ending it.”

He attributes a lot of the progress in reducing veteran homelessness to the Rapid Re-Housing thrust. “We saw a considerable increase in both state and federal resources that funneled through organizations such as The Haven and others,” says Norris.

The increased funding for these programs is based on statistical data, says Fox. Evidence suggests that getting someone off the street and into a stable situation generates better outcomes—and there are only slight differences between the programs for vets and non-vets.

The VA-funded Rapid Re-Housing program is more time-limited, providing a maximum of nine months of rental assistance, compared with two years for non-veterans, says Fox.

Since 2015, Fox says 54 veterans from the Charlottesville area have been enrolled in vet programs. He estimates the local homeless population at 185 to 220 people, which means about a quarter of them are veterans. Of the 54 veterans, 13 were enrolled in the Supportive Service for Veterans Families Homeless Prevention Program, which is intended for people who are not homeless but are imminently at risk, and the remaining 41 vets were enrolled in the SSVF Rapid Re-Housing program.

Fox says the support service programs spent approximately $79,000 to assist 24 veterans in these two programs with security deposits, rental assistance, utilities and deposits, transportation costs and moving expenses.

For the 30 remaining veterans, some decided to leave the area. Others declined services. Fox says he continues to work with the veterans who have not yet been housed to address any barriers they might have, including criminal background or credit issues.

“The goal the VA has set is that it’s a handup, and not a handout,” Fox says. “We send veterans on their way once they are in a stabilized situation, and ready to pay their own housing costs.”

While the need and desire for more funding are ever-present worries, he credits the increased focus on veterans over the past several years for some of the positive changes across the nation.

“Officials have spent a lot of money since the start of the Obama administration to address veteran homelessness, and it’s working,” says Fox.

Norris concurs that the cooperation across party lines really propelled the fight into the national spotlight. Getting vets into homes was a rallying point in Washington, and beyond.

“The least we can do is make sure our men and women who served this country in uniform never find themselves out on the streets,” Norris says. “In a city like this, in a state like this… we are showing that we can honor that commitment.”