Herndon Official in Hot Water

Rental Violated Zoning Law

Barely four months into her first term, Herndon Town Council member Ann V. Null set off an uproar by writing disparagingly about immigrants in a community newspaper, characterizing them as "cooks, maids, janitors and gardeners."

The council responded last fall with its first censure in 16 years, calling her remarks "discriminatory, offensive and disrespectful of the office she holds." But some residents unhappy over the rapid influx of immigrants into Herndon spoke out in her defense.

Now Null is in the thick of another immigrant-related controversy. As it turns out, she rented a room to an immigrant family for about a year in violation of town ordinances against overcrowding of homes -- laws that she campaigned for and voted to approve last year, according to town documents and officials.

Null has been cited for zoning infractions, which one town official called "a little more serious than a speeding ticket." But politically, the violation means that she risks angering many of the voters who elected her 12 months ago.

Yesterday, Null apologized and said she would not rent out rooms in her home anymore. She admitted that she has struggled to make the transition from private citizen to politician and said she was reflecting on her future after hearing from residents.

"I don't even trust myself to speak [publicly] anymore. . . . I think it's pretty obvious that I'm not a polished politician," Null said. "I've had a lot of support, to be honest. But I'm sure there are many disappointed people, too."

Immigration issues permeate town meetings and largely define campaigns for local office in the former farming hamlet on Fairfax County's western edge. The debate has focused on a day laborer pickup site downtown but also has encompassed grievances about large-scale illegal immigration, rising social costs and overcrowded homes.

Herndon has the highest proportion of foreign-born residents of any municipality in the Washington area -- 38 percent of its 22,000 residents, according to the 2000 Census. Its Latino population grew 264 percent during the 1990s, while the proportion of white residents dropped from 78 percent to 58 percent.

In many ways, the town is a microcosm, its conflicts typical of those experienced wherever immigration is spawning racial tension. But demographic changes are felt keenly in Herndon, a tight-knit community of four square miles.

Some residents stood by Null at the council's meeting Tuesday night. Betty Valley, one of Null's neighbors, said the town was picking on her while ignoring more blatant violators of the overcrowding ordinance.

But others were irate and called for Null's resignation.

"I ask you, Ms. Null, how you can advocate for and vote for zoning ordinances . . . and then violate them?" asked resident Betty Hatfield. "I question whose values you represent anymore. This evening, I ask you to honestly consider resigning."

Null listened quietly, her eyes averted. At one point, she appeared to be near tears. During an interview, she declined to explain why she continued to lease a room in her home while working on the overcrowding ordinances. She also declined to say how much rent she charged.

The incident came to light when Null called police after someone threw an object at her 2,500-square-foot home on Oak Street, where she lives with her husband and two children. "We are often the victims of vandalism," Null said.

The object, which has never been found, broke a window in a room above the garage that had been rented to a Taiwanese couple. The room had an oven, stove, sink and refrigerator. Officers reported what they saw to Herndon's zoning department.

In late April, town inspectors found that Null and her husband had committed multiple zoning violations: They were running a "transient lodging business" in a residential area, had installed an illegal second kitchen and were sharing a single-family home with an unrelated family. Officials also uncovered nine building code violations.

Since then, Null said she has found another rental for the Taiwanese family -- she noted that they are in the United States legally -- and is looking into bringing her home up to code. She also removed some of the kitchen appliances. Because she complied with the law within 30 days, Null does not face a fine, town officials said.

But Mayor Michael O'Reilly said he was startled that Null "knew what the rules were and violated them." The council has no plans to take action against her, he added.

"I was absolutely surprised," he said. "We had lengthy discussions about strengthening [the enforcement of] those violations . . . because our citizens have asked for that."