Where art thou, Habitat art?

Screen grab of one of the most widely known Polish posters, a giant 37 x 26 inches in size. This particular piece is advertised as an original 1980 print that was buried for seven years during martial law and is one of five copies numbered and signed by artist Jerzy Janiszewski. Price? You gotta ask.

(Reading time: 13 minutes)

When you give a buck to a panhandler, you do so with the understanding that your money may get spent on food or shelter—or on cigarettes or a cheap high. You have no control and no oversight. What is important to you may not be important to the recipient of your small donation, and vice versa, and you shouldn’t expect an explanation for how your buck will get spent.

What you also shouldn’t expect is for non-profit social service agencies to operate in the same way.

Donations made to charitable organizations known as 501(c)3s, for example, are accepted for a stated purpose. In the case of the SAW Habitat for Humanity, that purpose is to “build and restore homes, lives and communities through faith.” Stewardship of such contributions is vested in a board of trustees, drawn from the community, and the money is administered by a director who answers to the board. Public transparency for this process is provided in annual filings with the Internal Revenue Service, known as Form 990s.

Such filings are the quid pro quo accepted by charitable organizations in exchange for being tax exempt—they represent a compact under which an organization accepts the public’s money to perform a public good and in return doesn’t have to pay taxes. Form 990s, in other words, are not merely bothersome red tape. They are a window into an organization that allows for public transparency. By law, they are to be filed by the fifteenth day of the fifth month after the end of an organization’s fiscal year. Late filings can result in daily financial penalties, and missing three consecutive years results in automatic revocation of tax-exempt status.

That’s how it’s supposed to work. But then there’s our local Habitat, which at worst is busy covering up its financial misfeasance and at best is just financially incompetent.

Habitat’s financial stumbling dates back to the spring of 2024, when its executive director, Lance Barton, was given the boot for a variety of reasons too complicated to repeat here but which were amply chronicled in the Augusta Free Press. At that time, the most recent Form 990 that Habitat had filed was for its 2021 fiscal year, which ended on June 30, 2022.

Following Barton’s ouster, temporary control of Habitat was placed in the hands of David Wenger, who came aboard in September of 2024 and stayed as acting director until spring of 2025.  On May 13, 2025, in an apparent effort to clean up the organization’s books, Wenger filed a 2023 Form 990 for a changed fiscal year, defined on the form as the calendar year ending Dec. 31, 2023. In doing so, Wenger inexplicably overlooked any financial accounting for the latter half of 2022. Nor did he file a Form 990 for 2024, even though the due date for that filing was just two days after he filed the 2023 return.

Wenger was succeeded by Brad Bryant, who became Habitat’s director effective June 2, 2025. Under Bryant’s leadership, but over the signature of Habitat’s treasurer, Keith Clark, the organization filed a 2024 Form 990 that reverted to its former fiscal year: the 2024 filing is for the period July 1, 2024 through June 30, 2025. In other words, this filing also opened up a six-month gap, from Jan. 1, 2024 to June 30, 2024, for which there is no financial accounting.

Put another way, the 990s posted on Habitat’s website (scroll to the bottom of the page) seemingly show six consecutive years of reports, 2019 to 2024. But the actual years of the reports, as seen in the upper right corner of the front page of each Form 990, skip over 2022.

All this might seem like a lot of whoop-de-doo about nothing, were it not for the fact that the net result is a full year’s worth of money coming in and going out for which there is no acknowledgment or explanation. And just to be clear, this isn’t a matter a few dollars here or there: Habitat routinely pulls in hundreds of thousands of dollars a year in contributions and has total assets in the millions. A missing 12 months of financial accountability is a huge deal.

And that’s only the beginning of it.

ASIDE FROM FAILING to report a year’s worth of income and expenses, the Form 990s that Habitat did file raise several questions. They also, perhaps inadvertently, supply at least one possible reason for the sloppiness: while the forms filed during Barton’s tenure showed a $14,000 expense for accounting, the 990s filed by Wenger and Bryant leave that line item blank. Moreover, the form acknowledges that Habitat’s financial statements were not “compiled or reviewed by an independent accountant,” leading to the conclusion that its financial data was compiled in-house, for better or worse.

That’s not to say that the 990s were entirely without oversight. While an independent accountant was not retained to compile the data, the latest filing asserts that its financial statements were audited by such an accountant—individually, and not on a consolidated basis. Separating them that way presumably avoided any questions about the changing fiscal years and gaps in information. And while the 2024 Form 990 also asserts that Habitat has “a committee that assumes responsibility for oversight of the audit, review, or compilation of its financial statements and selection of an independent accountant,” that committee clearly missed several red flags. Among them: an unexplained $33,942 payment to “former executive director Lance Barton” between July 1, 2024 and June 30, 2025, or months after Barton had been forced to resign.

There undoubtedly are explanations, however weak or unconvincing, for all the obvious questions. The problem is that no one with the answers is willing to give them.

For example, why did David Wenger change Habitat’s fiscal year and in doing so skip over six months of financial reporting? And after filing a Form 990 for calendar year 2023, why did he not also file a Form 990 for calendar year 2024? Only Wenger can explain his reasons, but when I reached out to him via his former employer, the Central Valley Habitat for Humanity, the response—relayed by office manager Ittaty Coto—was that Wenger would not speak to me and that any questions about SAW habitat’s finances should be directed to Brad Bryant.

Bryant, of course, can’t speak to why Wenger made the decisions he did. But Bryant’s explanations for the decisions he’s made in the 13 months since becoming Habitat’s executive director, delivered in a July 8 emailed response to my questions, are no more illuminating than Wenger’s stonewalling:

  • Why is there no 2022 Form 990 posted on Habitat’s website? Bryant replied that he didn’t know but that he “physically put my hands on the hard copy this morning” and would get it up on the website soon. As of this writing, that has not happened. My request that he email a PDF directly to me went unanswered.
  • Why did Barton get paid months after he was no longer working for Habitat? If that was a severance payment, why was it not reported in the year it was incurred? Bryant wrote that he did not know but was investigating to find out.  
  • Why was Habitat’s fiscal year changed under Wenger, then changed back under Bryant, enabling the fiscal sleight-of-hand that buried a year’s worth of financial reporting? Bryant denied that Habitat changed its fiscal year, the Wenger-filed Form 990 notwithstanding, and wrote that he “cannot find anything that suggests or shows any voted-on changes from July 1-June 30 as our reporting year.”

Two subsequent emails to Bryant have gone unanswered. The second, sent a week ago, asked for the names of board members serving on the financial oversight committee and for contact information for the committee chair.

UNDERLYING AND WOVEN THROUGH all this confused financial reporting are the Polish posters. No one wants to talk about the posters, but it is the posters that triggered much of the drama of the past couple of years and it is the posters that hang over Habitat’s finances as a huge question mark.

“Police,” by Mieczyslaw Gorowski

That might sound obscure to most Americans. But just as select American comic books might be worth thousands of dollars to a discerning collector, so Polish poster art has a niche following of similar passion and valuations. Formally known as the Polish School of Posters, the art form had its heyday in the ’Fifties and ’Sixties, when its illustrations of movies, plays and daily life were slyly subversive of the Communist regime. Readily recognizable by their painterly quality and use of metaphors, hyperbole, flair and imagination, the Polish posters were a subversive rallying point “even in the darkest moments of Polish history,” as explained by one critic.

There remains to this day a lively market for such art, with contemporary posters selling on-line for $30 or $40 apiece, but rarer or more historically significant pieces can go for many hundreds of dollars apiece and are marketed with certificates of authenticity. And several hundred such posters now belong to SAW Habitat, although just how many and of what quality is unknown. Indeed, even current board members do not all know where the posters are being kept, with Bryant saying only that they’re under lock and key.

How Habitat came to possess the posters is a strange tale, but basically comes down to Lance Barton convincing his board that the art would make a unique and profitable fund-raising investment for the organization. That led to Barton and local artist Cleveland Morris traveling to the source, with Habitat covering Barton’s expenses for his Polish buying excursion. Although the Augusta Free Press, quoting Morris, reported that Barton spent $10,000 on posters, Barton himself claims an expenditure of nearly twice that amount—and that of the $18,000 he spent, a third was his own money. (Morris also declined my interview request.)

“King Lear,” by Walkuski

Not that Barton is eager to say much of anything. Not long after his return from overseas he was ousted from Habitat, all the posters were locked away, and repeated threats from Habitat of criminal charges have forced him into keeping a low profile. That he said anything at all to me was only the result of my surprising him May 30 at his Staunton home while he was mowing his lawn, an interruption during which he lamented that the only way he’ll be able to claim his third of the art will be to force Habitat into court. Since that brief exchange, however, Barton, like Wenger, has declined to answer my questions.

Barton’s claim to a third of the purchased posters, however, raises ownership issues and explains Bryant’s inability to come to grips with the subject. The only apparent game plan at Habitat is a hope that the whole affair will just go away. After more than a year as executive director, Bryant has yet to find a qualified appraiser for an art collection that conceivably could run into six figures and explains his inaction by saying that “it just does not have a priority in my world with the amount of things we are trying to move forward on.”

“Masquerade,” by Andrzej Pagowski

Meanwhile, Habitat’s refusal to acknowledge its art stash extends to its erratic Form 990 filings, which among other things ask “did the organization maintain collections of works of art, historical treasures or other similar assets?” Habitat repeatedly has replied no.  But as Schedule D to Form 990 helpfully notes, answering “yes” would apply to art held “for financial gain,” which presumably encompasses art acquired for fund-raising purposes.  

“I am going to look into that,” Bryant responded when asked about the untruthful response, “but I would guess it to be an oversight.” Easy to do, when everyone is busy ignoring the art elephant in the room.

IT’S HARD TO FIGURE OUT whether the unresolved Polish poster art saga is the result of embarrassment, legal uncertainties or misplaced priorities. Possibly a combination of all three. But the episode almost certainly feeds into the screwed-up filing of federal tax forms that followed and the unresolved question of what happened to 12 months of financial transactions, and it appears that one can’t be resolved without the other.

Much of the responsibility for presiding over this mess has to rest with Bryant, who despite his abilities as a builder seems to be in over his head with this aspect of his job. But at least as much responsibility resides with Habitat’s board of directors, who seemingly have not been asking the tough questions or providing the resources needed to resolve Bryant’s predicament. In that respect, at least, the current board seems to be cut pretty much from the same cloth as the board that green-lit Barton’s Polish expedition—which is to say, inattentive and easily rolled.

The Augusta Free Press, in originally reporting on Habitat’s travails with Barton, provided an extensive list of local organizations that have been hit with financial irregularities and outright embezzlement because of inadequate financial oversight, in some cases over a period of several years. For those that were governed by a board of directors, the failures were the result of a board that didn’t heed its three primary legal duties: the duty of care, the duty of loyalty and the duty of obedience. The latter deserves special attention, as the duty of obedience is not to a specific person but to applicable laws and regulations, the organization’s own bylaws and to its stated mission.

Habitat skated right to the edge of that abyss but pulled back at the last second, largely on the strength of Bryant’s reputation. It’s a shame he’s now reduced to the 501(c)3 equivalent of a panhandler, looking for donations but unable to explain where they’ve gone in the past. Meanwhile, of course, the abyss is still there. You have to wonder what a Polish poster artist would have done with that image.

Kicking the ADU can down the road

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To better understand why Staunton can’t get a handle on its lack of sufficient affordable housing, consider the June 18 meeting of its Planning Commission. Dominating the 90-minute session was a meandering and inconclusive conversation about a subject the commission has largely ignored, over which it has little control, but about which it is willing to entertain dystopian fantasies. In doing so, it made an inadvertent argument for renaming itself, perhaps as the Reaction Commission. Or the Let’s-First-See-What-Everyone-Else-Is-Doing Commission.

Among Staunton’s most pressing problems is its largely acknowledged if imprecisely documented shortage of housing that local residents making local wages can actually afford. There just isn’t enough of it to go around in the first place, so what’s available is priced out of reach. The obvious solution is to build more housing that is smaller and less expensive, leading to the equally obvious question: why isn’t that happening? And the obvious candidate to answer that question is the provocatively named Planning Commission (there’s also the newly formed Housing Commission, but that bunch is still trying to figure out what it’s doing), which one might think is currently consumed with trying to cut the Gordian knot of failed housing policy. One would be mistaken.

True, there are numerous reasons why Staunton has an insufficient housing supply, reasons that are at work all across the country and most of which are quite out of reach of a mere five Stauntonians meeting once a month, mostly to review rezoning requests. The cost of construction materials has sky-rocketed since the pandemic, the ranks of skilled construction workers have been depleted by Trump’s xenophobic deportation policies, interest rates are high and apparently poised to go higher. Those aren’t things a local planning commission can affect. But there’s also the matter of housing design and density, and that fits squarely within the planning commission’s wheelhouse. It’s also something the commission avoids looking at too closely.

Strange though it might seem, there’s not enough land available for building small homes in Staunton. With an average population density of just over two people per acre, it might appear that Staunton has lots of room for additional housing. But parks and agricultural districts and heavy industry whittle down the amount of land suitable for development. So too with land devoted to roads and parking lots, as well as land that’s too steep or too rocky or subject to flooding. There is land available for sizeable developments, as evidenced by the recently announced 267-home  McIntosh Village, but that’s big money chasing market-rate housing that will be too big and too expensive for empty nesters or service worker paychecks.

But then there’s our fondness for zoning that deliberately spaces homes far apart, allowing few homes per acre and dictating setbacks and minimum lot sizes and maximum lot coverage—our self-imposed limitations on what’s possible, in other words. Not geography or geology, but the very sort of thing that a planning commission concerned about an adequate housing supply for its existing population should be examining.

Just how inadequately it is doing so was on display June 18, when the commission was presented with a proposed amendment of the city zoning code that would clear the way for accessory dwelling units (ADUs) to be built pretty much anywhere Staunton allows housing.  The proposed revision was not something the Planning Commission had solicited. Nor was it sought by the Housing Commission, which has been slow-walking the ADU idea to some future chin-stroking evaluation. It was instead mandated by the Virginia General Assembly, which to its credit got fed up with all the wheel-spinning in the provinces and adopted this past session a bill that overrides local zoning authority.

Most succinctly, the state is mandating that as of July 1, 2027, ADUs are to be permitted by right—that is, without requiring “May I?” special-use review—in all zoning districts throughout the Commonwealth that allow single family use. ADUs are defined as “an attached or detached dwelling” that provides “complete independent living facilities for one or more individuals.” There are restrictions on size and placement, as well as parking and building code requirements, but basically the new law opens the door for homeowners to double their capacity. It could be with a backyard cottage, a basement apartment, a garage with a second-floor apartment. The additional space could be rented out, or it could house an aging parent or adult child. Best of all, the increase in the city’s housing stock will come without requiring any of the new roads, storm water management, water and sewer lines and other infrastructure that come with a new subdivision.

Planning commission reaction? Mixed but generally aghast. Commission member Dale Hansen, fantasizing about slap-dash cabins with hot plates and composting toilets popping up in backyards, said he wants to see some kind of allowance for ADUs “but not getting too crazy, and I don’t know how to regulate crazy,” eliciting sympathetic chuckles from other commissioners. The way the law is written, Hansen complained, “It’s sort of the Wild West—anyone who wants one can get one.” Well, yeah. That’s the idea.

Commission chair Jessica Robinson summarized the commission’s approach to the idea of getting ahead of an issue by asserting, “I don’t want to be a trailblazer.” No fear there—the state has already taken on that mantle—but because Staunton doesn’t have to amend its zoning code before next July, Robinson clearly is hoping to kick the can down the road. “I don’t think it’s impossible that people will start pushing back on this and that at the next General Assembly session it gets put off further?” she suggested, albeit on a questioning note. “And I think we should wait and see and make sure it survives all that.”

There was talk among the commissioners about seeing what zoning amendments other cities are writing—“Let them fail first, before we fail,” Hansen offered helpfully—and a suggestion that perhaps the Housing Commission could provide helpful insights. There was musing about feeling like “deer in the headlights.” None of it grappled with the fact that Virginia now has an explicit law to which Staunton must conform, without a lot of room for creative embellishments or escape clauses, which means there are only so many ways the city’s zoning code can be amended to be in compliance. The rest is wishful thinking.

Unfortunately, it’s not at all clear that the planning commission comprehends just how much the regulatory landscape is shifting beneath its feet. For the state to wade into a zoning issue—one of the few areas of responsibility reserved for localities—is huge. (See also the new state law that gives churches the by-right power to build affordable housing on their property.) At the same time, the commission’s tone-deaf approach to ADUs suggests its members haven’t been paying attention either to the ADU concept or to the housing needs of their neighbors.  ADUs as a relief valve for housing pressures have been around for years—long enough to be a significant part of the conversation at last year’s Virginia Governor’s Housing Conference, as I wrote last fall, and long enough to be discussed by the city’s Housing Strategy Group and in Comprehensive Plan ruminations. The problem locally is that it’s been just that—talk—and little more, as if a bunch of old folks were sitting around discussing the desirability of going to heaven.

The green and (to a lesser extent) the black area in the graph above are prime sources of potential tenants for ADUs and now comprise substantially more than 50% of all households.

Nor will ADUs be the end of it. In addition to having a high percentage of relatively low-wage workers, Staunton has a higher percentage of elderly residents than the national average. It’s sobering, therefore, to learn that the fastest growing group of people entering homelessness are those 55 and older—people increasingly on fixed incomes, often in poor health, who can no longer afford to live in the city in which they were raised or worked or raised their own families. ADUs are not only more appropriately sized for these populations, which don’t need multiple bedrooms or a backyard, but can be built more cheaply and therefore rented for less than single-family homes. But they’re only one possible approach.

Other housing variations that are excluded from permitted uses within current zoning regulations, such as cottage courts, may be next. Expect pressure to grow for allowing single-family home conversions into duplexes or triplexes by right, or for eliminating lot size minimums in established neighborhoods, or for eliminating all parking mandates for housing, thereby freeing up more land for infill development. None of these are novel concepts in the wider world, although they are locally. All should enter into the planning (and housing) commission’s awareness if it wants to avoid future “deer in the headlights” moments, and if it intends to take seriously the “planning” part of its mandate.    

Instead, the commission won’t be meeting again until August, when it’s not clear whether the proposed ADU revisions to the city code it receives will be substantively different from what it’s already seen. The city’s community development planners have been given next to no guidance on what changes to make, beyond a vaguely worded request to “keep refining it.” At some point the commission will have to hold a public hearing on the proposed changes; next April was suggested as a good choice.

No sense in rushing things. Or starting them, for that matter.