Relman Colfax Helps Secure Broad Reading of Virginia Statute Concerning Group Homes
On February 4, 2025, the Court of Appeals of Virginia issued a decision affirming the right of Newport Academy to operate a small, licensed group home for five young adults experiencing depression, anxiety, trauma and related mental health conditions in a single-family home in Loudoun County.
The dispute arose when several neighbors challenged a County official’s determination that Virginia Code § 15.2-2291 permitted Newport to open the home “by right” so long as it had fewer than eight residents and was licensed by the Virginia Department of Behavioral Health and Developmental Services. Relman Colfax co-counseled this matter with McGuireWoods LLP, from the initial application to the zoning administrator, through the Board of Zoning Appeals and Loudoun County Circuit Court and in the Court of Appeals.
Since 1990—and to comply with the letter and the spirit of the federal Fair Housing Act—Virginia law has required local zoning authorities to treat small, licensed group homes in the same fashion they treat traditional families. Here, while Loudoun County’s zoning ordinance explicitly permitted a group home that was in compliance with state requirements, neighbors challenged the application of state and County law to Newport’s group home. At each stage of the proceedings, Newport prevailed and has been operating its group home since late 2022, providing much-needed, high quality residential mental health services.
While the law has been settled for nearly 35 years, this is the first time a Virginia appellate court has weighed in on its operation in a contested case. The well-reasoned opinion, reported at 2025 WL 375770 (Va. App. Feb. 4, 2025) will provide guidance to litigants going forward on a number of important points related to group homes, including the preemptive effect of Virginia Code § 15.2-2291 as against contradictory local laws, the length of stay required for a use to be considered “residential,” and the appropriate use of federal Fair Housing Act cases in interpretation and application of § 15.2-2291.
The Relman Colfax effort was led by Michael Allen.