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.

For background on this development, see McGuireWoods’ July 2020 alert, “Fairfax County Moves Forward on Workforce Housing Changes.”

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.