Form: 11-K

Annual report of employee stock purchase, savings and similar plans

March 31, 2009

Exhibit 23.1
Consent of Independent Registered Public Accounting Firm
     We consent to the incorporation by reference in the Registration Statement (Form S-8 No. 333-16837) pertaining to the 1996 Non-Qualified Employee Stock Purchase Plan of AvalonBay Communities, Inc. of our report dated March 27, 2009, with respect to the financial statements of the AvalonBay Communities, Inc. 1996 Non-Qualified Employee Stock Purchase Plan included in this Annual Report (Form 11-K) for the year ended December 31, 2008.
         
     
  /s/ Ernst & Young LLP    
     
     
 
McLean, Virginia
March 27, 2009