NAHB Legal Win Means All PPP Loans to Members Can be Forgiven

Disaster Response
Published

In a case brought by NAHB and Michigan builders, a federal court ruled that all NAHB members who received Paycheck Protection Program (PPP) loans can have their loans forgiven regardless of whether the loans were made in contravention of the Small Business Administration’s (SBA) eligibility rules. The court’s opinion also provides several important procedural wins that will benefit NAHB in a wide range of cases.

The U.S. District Court for the Eastern District of Michigan ruled on Sept. 28 that the SBA wrongly applied eligibility criteria to the PPP, which prevented certain NAHB members from accessing these much-needed funds.

NAHB, along with the HBA of Michigan and HBA of Southeastern Michigan filed the lawsuit at the height of the pandemic-induced economic downturn so that all NAHB members could access PPP funds to help keep their businesses afloat.

While Congress was clear in its intent to offer PPP protection to a wide range of the U.S. economy, Treasury and SBA nonetheless applied pre-existing regulations that essentially shut out a broad swath of the residential construction industry. Specifically, SBA imposed a pre-existing regulation and guidance document that limited eligibility for certain businesses, including “passive businesses owned by developers and landlords that do not actively use or occupy the assets acquired or improved with the loan proceeds,” and “speculative businesses” that include “building homes for future sale.”

Legal Win Accomplishes Two Key Objectives

The victory in this case accomplishes two main goals. First, it ensures that NAHB members who received PPP loans will have their loans forgiven. The judge agreed with NAHB’s position that the plain language of the statute creating the PPP prevented SBA from applying eligibility regulations that sought to exclude NAHB members who build homes “on spec,” multifamily property owners, and land developers from receiving PPP loans and loan forgiveness during the height of the pandemic.

While PPP funding is no longer available, the forgiveness process is ongoing, and the court’s opinion will have a direct and tangible benefit for builders, developers, and property owners who are awaiting loan forgiveness.

Second, the court’s opinion provides important procedural wins. These include the court’s ruling that it will not defer to an agency’s interpretation of a statute unless the statute is truly ambiguous. This will limit the ability of federal agencies to offer new, expansive interpretations of existing statutes.

The judge also ruled against the government’s procedural claims that NAHB lacked “standing” – the individual interest necessary to have a complaint heard in federal court – and that the case was moot because the PPP is no longer an active program.

The decision is a victory on the substantive points NAHB raised against the imposition of SBA’s eligibility rules, providing NAHB members with certainty that their loans will be forgiven, as well as establishing favorable case law on procedural issues that the government and others often use to try and keep NAHB and its members out of court.

For more information, contact Amy Chai.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Economics

Dec 15, 2025

Builder Sentiment Inches Higher but Ends the Year in Negative Territory

Builder confidence in the market for newly built single-family homes rose one point to 39 in December, according to the NAHB/Wells Fargo Housing Market Index (HMI) released today. Sentiment levels were below the breakeven point of 50 every month in 2025 and ranged in the high 30s in the final quarter of the year.

Advocacy

Dec 12, 2025

Judge Determines FEMA’s Termination of BRIC Program Unlawful

A federal judge ruled that the Federal Emergency Management Agency’s termination of the Building Resilient Infrastructure and Communities (BRIC) program was unlawful and issued a permanent injunction restoring the program. This action is of note to the housing community because NAHB has been pushing Congress to pass the Promoting Resilient Buildings Act, which would allow jurisdictions to qualify for BRIC funds if they have adopted one of the latest two code cycles.

View all

Latest Economic News

Economics

Dec 15, 2025

Builder Sentiment Inches Higher but Ends the Year in Negative Territory

Builder confidence inched higher to end the year but still remains well into negative territory as builders continue to grapple with rising construction costs, tariff and economic uncertainty, and many potential buyers remaining on the sidelines due to affordability concerns.

Economics

Dec 11, 2025

Homeownership Rate Inches Up to 65.3%

The latest homeownership rate rose to 65.3% in the third quarter of 2025, according to the Census’s Housing Vacancy Survey (HVS).

Economics

Dec 10, 2025

No Risk-Free Path: Fed Eases Monetary Policy

The central bank’s Federal Open Market Committee (FOMC) cut rates a third and final time in 2025, reducing the target range for the federal funds rate by 25 basis points to a 3.5% to 3.75% range. This reduction will help reduce financing costs of builder and developer loans.