HBA Wins Injunction on Impact Fees with Help from NAHB Legal Action Fund

Codes and Standards

Before the ink could dry on its Legal Action Fund Grant approval, the HBA of West Florida claimed a victory in Florida State Court.

The HBA won an injunction to temporarily stop a county from collecting educational impact fees imposed on new home building. The HBA challenged Santa Rosa County's data study that was used to impose educational impact fees, the first impact fee that had been passed by the local government since 2008. The judge in the case agreed with the arguments noting that the study used inconsistent data from several different years, had multiple mathematical errors and contained gross generalizations about the county's population growth and the need for new schools.

The judge issued an injunction preventing the county from collecting the fees – $5,000 for single-family houses, $4,000 for mobile homes and $2,750 for multi-family units – until the case is decided.

The NAHB Legal Action Fund continues to be a valuable resource for members and local associations as they take on issues that pose a common problem for home builders.

Other Legal Action Fund Grant applications that were approved at the Spring Leadership meetings include:

  • The HBA of Greater Savannah's (Georgia) was approved in its fight against two county design standards ordinances that impact affordable housing in that area.
  • An NAHB member received additional support from the fund in his continuing zoning challenge in Greenville, S.C.
  • The California BIA received support in its Fair Housing Act challenge that continues to highlight the impact of housing affordability in that area.
  • The HBA of Michigan received support in its challenge to exclusions within the Paycheck Protection Program that leave out residential builders, multi-family construction and land developers.

Applications are now open for the next round of Legal Action Fund grants. The Legal Action Committee will meet at the Fall Leadership Meeting in October to consider applications, which are due by Sept. 18.

For more information, contact lroxbury@nahb.org or by phone at 800-368-5242 x8359.

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