This is a sponsored column by attorneys John V. Berry and Kimberly H. Berry of Berry & Berry, PLLC, an employment and labor law firm located in Plaza America in Reston that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq.
Many individuals come to us when they receive a document referred to as a Statement of Reasons (SOR) which federal agencies issue to individuals when considering the denial of their security clearance. An SOR can be issued to federal employees or government contractors currently holding or seeking a security clearance.
What is a Statement of Reasons?
A SOR lists the factual basis for potentially denying an individual’s security clearance. The SOR will list individual security concerns and provide the individual an ability to formally respond.
Typically, a federal agency will issue the SOR to the individual following the development of a security clearance concern. Subsequently, this security concern will be reviewed by the federal agency’s security office and either be cleared or proceed formally through the clearance adjudication process.
The SOR is the key document to analyze when attempting to avoid an adverse security clearance decision. For federal employees, agencies will generally attach the SOR to a cover letter that references the agency’s intent to revoke eligibility for the employees’ security clearance and provide it directly to the employee. For government contractors, the government will typically issue the SOR through the employer’s security officer.
The following is an example of a SOR issued for a federal employee based on personal conduct:
STATEMENT OF REASONS
Guideline E, Personal Conduct: Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual’s reliability, trustworthiness, and ability to protect classified or sensitive information. Of special interest is any failure to cooperate or provide truthful and candid answers during national security investigative or adjudicative processes.
- a. On September 26, 2018 after a fellow employee accused you of theft in the office you engaged in aggressive physical conduct towards him and were subsequently detained by law enforcement.
- On September 27, 2018 you falsely recorded the amount of hours you worked on your weekly time sheet.
- On October 23, 2018, you lied to investigators when you falsely stated that you worked all of the hours you claimed on your weekly time sheet on September 27, 2018.
How to Respond to a SOR
If an individual receives a SOR, the key for a potential successful defense involves being able to refute the specific factual allegations or to mitigate them. This process begins with hiring an attorney to assist the individual in their response.
In the example above, since it is often the case that mistakes are made in SOR’s or that information is outdated, the first step is to determine from the individual whether the allegations themselves are true, i.e. whether they actually engaged in physical conduct, falsely recorded hours on their time sheet and/or was truthful with investigators during the investigation.
Accordingly, if the facts turn out to be true, the next task is to find out what mitigating factors could be helpful in explaining why the person should still be granted a security clearance.
To do this, one must review the National Security Adjudicative Guidelines for potential conditions that can mitigate the corresponding security concerns. Additionally, the Whole-Person Concept provides overall mitigation factors for security clearance matters.
Every week the Eli Residential Group scours our network for off-market and pre-market homes to give home buyers and investors access to properties they can’t find anywhere else online. If you are interested in a property you see here or have specific needs you cannot find on the market, please reach out to us at [email protected] to talk to a real person, not an automated response system.
If you are a homeowner, investor, builder or agent who would like your off-market or pre-market property featured for a half million local readers on PoPville, ARLnow or Tysons Reporter, please email us at [email protected].
Newer Townhouse in Mosaic District
2900 Block Penny Lane
Fairfax, VA 22031
Description: 4 BR/3.5 BA four-level 1,600 sq. ft. townhouse with beautiful finishes in Mosaic District. Built in 2014 and includes large rooftop deck, garage parking, open floor plan and ample guest parking. Situated on quiet street and surrounded by open space for tons of natural light. Available 2019.
Price: Upper $700’s
To view all of our off-market or pre-market properties, visit the off-market section of our website. We add new properties every week.
The Eli Residential Group is a real estate team with RLAH Real Estate, (703) 390-9460, operating in Virginia, Washington D.C., and Maryland. Contact the team directly at [email protected].
This regularly-scheduled sponsored Q&A column is written by Val Sotillo, Northern Virginia-based Realtor and Falls Church resident. Please submit your questions to her via email for response in future columns. Enjoy!
Question: GreatSchools.org changed the ratings for Fairfax County schools. How important is it to consider school ratings when buying a home?
Answer: This summer, the popular school rating website GreatSchools.org made major changes to their ratings for most schools in Northern Virginia for the second time in less than a year. The changes resulted in a drop of 1-2 points for nearly every school.
According to GreatSchools.org changes in ratings are based on student progress (or “growth”) and college readiness data (SAT/ACT participation and/or performance and/or graduation rates).
Their school profiles now include factors such as how much a school helps students improve academically, how well a school supports students from different socioeconomic, racial, and ethnic groups, and whether or not some groups of students are disproportionately affected by the school’s discipline and attendance policies.
Many of these important themes now have their own rating, and these themed ratings are incorporated into the school’s overall GreatSchools Summary Rating.
School Ratings Influence Home Prices
Many property search websites such as Zillow and Trulia include GreatSchools information at the bottom of each listing. The ratings issued by GreatSchools.org heavily influence where people buy and how much they’re willing to spend. You can debate the merits of these ratings systems all you want, but the fact is that they play a significant role in real estate.
While Niche.com generates the most traffic, I find that GreatSchools.org is much more popular locally and I think it’s due to the fact that they grade harder than Niche (Niche gives out a ton of A-, A, and A+ ratings).
What Changed?
GreatSchools does not provide historical ratings, so I compared scores I had recorded for clients from Fall ’17, March ’18, and September ’18 to the current scores.
The Decision Is Yours
Looking only at test scores won’t tell you what the real-life environment is like. That’s why so many people rely on reviews. GreatSchools’ reviews can be written by anybody (parents, teachers, students, and even people not familiar with the school).
To make a decision based on a reliable rating, you can go directly to the Virginia Department of Education, where you can find detailed spreadsheets on pass/fail rates for every school, every grade, every subject, and every demographic.
If you’re considering moving to a new school district, I advise you to take the time to visit the school and take a tour; talk with the principal if possible. Talk to neighbors and join online forums. Take in as much information as you can and dismiss what’s not particularly informative.
I’d love to hear from readers in the comment section who purchased or are in the process of buying a home in Fairfax County, who placed a lot of weight in the GreatSchools rankings — how would these changes have impacted your decision when you bought or how are these changes impacting your current purchase strategy?
If you would like to discuss how the new GreatSchool rankings impact your upcoming plans to purchase or sell a home in Northern Virginia, reach out to me at [email protected] to set-up some time to meet.
If you’d like a question answered in my weekly column, please send an email to [email protected].
Val Sotillo is a licensed Realtor in Virginia, Washington DC, and Maryland with Real Living At Home, 2420 Wilson Blvd #101 Arlington, VA 22201, 703-390-9460.
Laura Schwartz is a licensed Realtor in VA, DC and MD with McEnearney Associates in McLean. Reach the office at 703-790-9090.
On Wednesday, October 24, the town of Vienna will celebrate the 72nd annual Halloween Parade. The parade begins at 7 p.m. and starts at the corner of Branch Road SE and Maple Avenue E before ending in front of Patrick Henry Library on Center Street SW.
If you’ve never been, here are some tips to help you make the most of the experience!
- People set out chairs and blankets early in the day to reserve their spot. If you want a front row view, I suggest you do the same. The town asks that no one does this before noon on the day of the parade and that revelers stay clear of the sidewalk and benches during the day.
- If you have a flat bed truck, you can back into parking spaces at the shopping centers and sit high to get a better view.
- In the parade, there are walking groups and floats with some walking groups giving out candy.
- Some of the groups in the parade are very loud. If you have someone who is noise sensitive, consider bringing something to help them enjoy the parade without the noise.
- There are no food vendors except for the nearby restaurants so plan to bring food if you need it or support a local restaurant.
- Kids in costumes can walk in the parade with an adult if they want to. Participants meet at 6:30 p.m. in the parking lot at United Bank (374 Maple Avenue E).
Pro Tip: The Weichert Realtors office at 156 Maple Avenue E holds a haunted house every year from 5:45-7 p.m. They have a designated area for small kids, but they also have a scarier “Haunted Room” if you are looking for bigger thrills. They also give out candy.
The parade is one of my many favorite Vienna events! You’ll find me there with my 4 and 6 year old boys so please say hi!
Every week the Eli Residential Group scours our network for off-market and pre-market homes to give home buyers and investors access to properties they can’t find anywhere else online. If you are interested in a property you see here or have specific needs you cannot find on the market, please reach out to us at [email protected] to talk to a real person, not an automated response system.
If you are a homeowner, investor, builder or agent who would like your off-market or pre-market property featured for a half million local readers on PoPville, ARLnow or Tysons Reporter, please email us at [email protected].
Historical North Falls Church Home
Wren Dale Acres
Description: Beautifully updated 3 BR/2.5 BA homes of historical significance with nearly 3,200 sq. ft. and just over 1/2 acre of private land. Includes sunroom, extensive landscaping, unfinished basement and an attached 2-car garage.
Price: Most recently offered at $1,075,000
Courtesy of FSBO
To view all of our off-market or pre-market properties, visit the off-market section of our website. We add new properties every week.
The Eli Residential Group is a real estate team with RLAH Real Estate, (703) 390-9460, operating in Virginia, Washington D.C., and Maryland. Contact the team directly at [email protected].
This regularly-scheduled sponsored Q&A column is written by Val Sotillo, Northern Virginia-based Realtor and Falls Church resident. Please submit your questions to her via email for response in future columns. Enjoy!
Question: Are there any residential properties for sale at The Boro?
Answer: Verse, a 25 story luxury condominium building that will be finished by late fall of 2019. I visited the construction site to preview their model and meet with their Sales Manager, Jennifer Harlow who shared all the details with me. I’m excited to tell you all about it.
But first, what is The Boro?
If you have visited Tysons lately, chances are you have noticed the massive construction of The Boro. Located between Route 7 and Greensboro Dr, it’s the first walkable community with mixed use residential, retail, entertainment and office environment. Coming in 2019, The Boro (you guessed it, short for Greensboro) will be a whole new downtown.
Verse Condos
Verse is the first condominium built within the last decade in the Tysons area. It offers 23 different floor plans ranging from one bedroom to three bedroom with a den units. It is 40% sold out and sales prices range from $500,000 to $2.8 million. The 25th level has three Penthouse units, each with a private terrace, and they all have sold out.
What I Like About Verse
- Modern convenience of having everything at your fingertips
It is located steps away from Greensboro Metro. That is a 20 minute commute to Dulles Airport, and 30 minutes to D.C. on the Silver Line. Properties include garage parking (additional parking can be rented for $95 a month) but the goal is for residents to enjoy the local businesses without even leaving their community.
Residents are walking distance to approximately 17 restaurants (one of them is a sister restaurant of True Food!), high-end shops, state of the art movie theaters, Bluestone Lane coffee, dry cleaners, a nail salon, fitness studios, the biggest Whole Foods in the east coast and even a pet spa for Fido!
Click here for the latest update on businesses opening in The Boro.
- Perfect balance of luxury and function
These condos start on the 10th floor and all units have floor to ceiling windows. That means natural light and amazing views. On top of that, all corner units have a wraparound balcony that allows for some alfresco dining on nice weather days.
A clean and sophisticated floor plan. The chef’s kitchen has a gas stove that vents out to the top, quartz counters, Italian integrated cabinetry (plenty of cabinet space), concealed Bosch appliances and an under-counter wine cooler. Appliances are included in the sales price.
The master suite in the corner two bedroom unit has access to the balcony, a walk-in closet, marbleized floors in the bathrooms, architectural lighting and a spa shower with integrated bench. All cabinets are spacious and soft close.
There’s generous space throughout, plenty of storage closets and additional storage available for purchase.
- Amenities
Other than the 24-hour concierge service and the entry lobby lounge with a fireplace, there’s a club room available for rent for private parties with double height ceilings, fireplaces, billiard tables, TVs, kitchens and terrace access. Residents can also rent a hospitality suite for their visitors.
The building has a 3,000 sq. ft. fitness studio with top of the line equipment connecting to a Zen terrace and a rooftop pool.
The outdoor space includes access to Sky Park, an impeccable landscaped rooftop park where residents can lounge, grill, play bocce ball and enjoy the inviting green space.
Condo fees go for $0.65 per sq. ft. and include water and gas.
An Ideal Place to Live, Work And Play
The Boro will be a vibrant community with many walkable amenities, including pedestrian-friendly roadways, bike lanes and open greenspaces designed to bring people outside.
If you’d like to schedule a tour or discuss Verse Condominium as a primary residence, secondary residence or investment please reach out to me at [email protected]
For part two of this video, click here.
If you’d like a question answered in my weekly column, please send an email to [email protected]. I hope to hear from you soon.
Val Sotillo is a licensed Realtor in Virginia, Washington DC, and Maryland with Real Living At Home, 2420 Wilson Blvd #101 Arlington, VA 22201, 703-390-9460.
This is a sponsored column by attorneys John V. Berry and Kimberly H. Berry of Berry & Berry, PLLC, an employment and labor law firm located in Plaza America in Reston that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq.
Many Virginia employees have come to us to discuss the reasonable accommodation process when they develop a medical condition or disability that requires a change in their duties or other workplace adjustments. We advise and represent private, federal, state and county sector employees throughout Virginia in reasonable accommodation cases.
What is a Reasonable Accommodation?
A reasonable accommodation is an employee’s request to modify their employment conditions, assignments, hours, etc. to allow them to continue working in a position despite having a disability. Notably, the reasonable accommodation process applies to both employees and job applicants in all states, including the Commonwealth of Virginia.
Primarily, under federal law, the Americans with Disabilities Act (ADA), which applies to most employees, encompasses and outlines reasonable accommodations. More specifically, federal employees are also covered under the Rehabilitation Act, which incorporates similar protections as the ADA.
According to these laws, employers are required to engage in the reasonable accommodation process with qualified employees unless it would create an undue hardship for them.
In Virginia, many employees are also covered under the Virginians with Disabilities Act, which applies to most employers. Under both the federal and state laws, the goal of the reasonable accommodation process is to enable employees with disabilities the opportunity to enjoy an equal opportunity in employment. The Equal Employment Opportunity Commission (EEOC) provides guidelines for reasonable accommodation requests.
Requesting a Reasonable Accommodation
The most typical type of reasonable accommodation involves an employee that has developed a medical condition or disability that requires some modifications or adjustments to their working arrangements.
Usually, an employee will ask for a reasonable accommodation by approaching their supervisor or human resources department, depending on the employer, and asking for one. Accordingly, a request for reasonable accommodation can be either formal or informal. For instance, depending on the employer, some have created specific forms covering reasonable accommodation requests; whereas, other employers simply involve informal verbal discussions between the employee and their immediate supervisor.
Regardless, once requested, there is usually a discussion about the reasonable accommodation requested. The discussion between an employer and employee is often called the “interactive process,” which simply means that the employer must engage the employee in attempting to resolve the reasonable accommodation request.
This process does not mean that an employer has to grant every accommodation sought (or even the specific one requested by the employee); rather, the employer is only required to make a good faith effort to accommodate a disabled employee.
There are far too many examples of reasonable accommodations to list here as they significantly vary based on an employee’s specific disability and their particular needs. However, the Job Accommodation Network provides examples of reasonable accommodations regarding specific medical conditions.
Conclusion
When an employee in the Commonwealth of Virginia needs to request a reasonable accommodation due to a medical condition, it is important to obtain legal advice and/or legal representation. Our law firm is ready to advise and represent Commonwealth of Virginia employees in the reasonable accommodation process.
Should you need assistance in this process, please contact us by telephone at 703-668-0070 or through our contact page. Please also visit and like us on our Facebook and Twitter pages.
Every week the Eli Residential Group scours our network for off-market and pre-market homes to give home buyers and investors access to properties they can’t find anywhere else online. If you are interested in a property you see here or have specific needs you cannot find on the market, please reach out to us at [email protected] to talk to a real person, not an automated response system.
If you are a homeowner, investor, builder or agent who would like your off-market or pre-market property featured for a half million local readers on PoPville, ARLnow or Tysons Reporter, please email us at [email protected].
Potomac Yard Townhouse w/ 2-car Garage
700 Block of Annie Rose Avenue
Description: 3 bedroom, 3.5 bath townhouse with rooftop terrace. 2-car garage, 2,500 sq. ft., built in 2012, covered front porch. Walk to huge playground, courts, Old Town and Pentagon City. Updated and move-in ready.
Price: Upper $800’s
Courtesy of RLAH Real Estate
To view all of our off-market or pre-market properties, visit the off-market section of our website. We add new properties every week.
The Eli Residential Group is a real estate team with RLAH Real Estate, (703) 390-9460, operating in Virginia, Washington DC, and Maryland. Contact the team directly at [email protected].
This regularly-scheduled sponsored Q&A column is written by Val Sotillo, Northern Virginia-based Realtor and Falls Church resident. Please submit your questions to her via email for response in future columns. Enjoy!
Question: We are ready to buy a house in the upcoming months. Should we wait until spring to start house hunting or should we consider buying a house during the winter?
Answer: Winter can be a great time to buy a house! Not only do you get to test that the heating system works well, but buyers tend to have the upper hand over sellers in the negotiations. There will be fewer buyers in competition during the winter, less chances of multiple offers for the same property and the low demand may work in your favor.
Sellers who have their homes on the market during the winter may be more motivated to negotiate and willing to make a deal. In Northern Virginia, the winter market generally runs from November through January and is defined by increased buyer leverage, less contract activity and fewer new listings.
Keep An Open Mind And Open Schedule
You can buy in the winter as long as you keep an open mind.
Landscaping is not very colorful during the cold months, and depending on the weather you may not be able to perform an inspection in certain areas of the house (i.e. an inspector won’t go on an icy, dangerous roof), but you can make a list of those items and get them inspected as soon as the weather allows it.
Also, you will need to be flexible with time given that holidays, less daylight hours, and extreme weather may delay property access, inspections, title work, appraisal, etc. But hey, I like to believe that people are nicer during the holidays and everyone is willing to work it out!
Buy In The Fall/Winter If…
- You’re a bargain hunter
- What you like is priced just outside of your budget
- There is a regular supply of homes you like
- You have a flexible schedule
Wait For The Spring/Summer If…
- You have specific, hard-to-find criteria
- You value the perfect home over a great deal
- Your purchase is contingent on selling your current home (requires additional conversation)
- If you’re moving to a new school district and don’t want to move your kids in the middle of the school year
It’s Harder To Find What You Want
But, that doesn’t mean you can’t find something great in the winter. It will just take a little more effort. The chart below shows the number of newly listed homes in Northern Virginia each month, for the past three years. You will see that the number of newly listed homes for sale is significantly lower from November through January.
Pickings Are Slimmer But The Prices Are Too
The table below is made up of sales in Tysons, Mclean, Vienna, Northern Falls Church and Eastern Fairfax from 2013-2017, except for new construction, and is based on the month properties went under contract, not the month they actually sold (homes generally sell 30-60 days after they go under contract). The cells highlighted in green are the most favorable for buyers. Here are some key highlights from the data table:
- Buyers have the most negotiation leverage in December
- Seasonality has a much lower impact on condos than it does single-family homes and townhouses
- The market turns favorable for buyers starting in August and usually continues that trend until January/February (tends to be weather-dependent)
So, which season is the best for home buying? The best time to buy a house really depends on what makes the most sense for your situation. If you’re on the fence about buying this winter or not sure if you have time to prepare yourself to make a purchase, send me an email at [email protected] to discuss your options and put a strategy in place.
If you’d like a question answered in my weekly column, please send an email to [email protected]. I hope to hear from you soon.
Val Sotillo is a licensed Realtor in Virginia, Washington DC, and Maryland with Real Living At Home, 2420 Wilson Blvd #101 Arlington, VA 22201, 703-390-9460.
Every week the Eli Residential Group scours our network for off-market and pre-market homes to give home buyers and investors access to properties they can’t find anywhere else online. If you are interested in a property you see here or have specific needs you cannot find on the market, please reach out to us at [email protected] to talk to a real person, not an automated response system.
If you are a homeowner, investor, builder or agent who would like your off-market or pre-market property featured for a half million local readers on PoPville, ARLnow or Tysons Reporter, please email us at [email protected].
Downtown McLean Townhouse
McLean Crest Community
Description: 3 BR/4.5 BA/2,400 sq. ft. townhouse with 2-car garage, built in 2006 in McLean Crest community. Walk to downtown McLean shops and restaurants. Within Franklin Sherman ES, Longfellow MS, and McLean HS boundaries. Currently tenant occupied with option to purchase with tenant or purchase at end of lease.
Price: Mid $900’s
To view all of our off-market or pre-market properties, visit the off-market section of our website. We add new properties every week.
The Eli Residential Group is a real estate team with RLAH Real Estate, (703) 390-9460, operating in Virginia, Washington, D.C. and Maryland. Contact the team directly at [email protected].
