NAHB and the New York State Builders Association (NYSBA) on Oct. 12 joined a coalition challenging a New York law that prohibits fossil fuels in new buildings of seven stories or lower — except for large commercial and industrial buildings — by Dec. 21, 2025. All other new buildings would be subject to the ban by Dec. 31, 2028.
There are exemptions for emergency backup and standby power, manufacturers, commercial food establishments such as restaurants, laboratories, car washes, laundromats, hospitals, crematoriums, agriculture buildings and critical infrastructure.
The lawsuit, Mulhern Gas Co. v. Rodriguez, claims that the New York gas ban violates the Energy Policy and Conservation Act (EPCA). EPCA restricts states or localities from regulating the energy use of certain appliances. New York’s gas ban regulates the use of gas in appliances covered by EPCA.
NAHB’s policy opposes electrification-only mandates such a New York’s gas ban. NAHB is concerned that the gas ban would exacerbate the housing affordability crisis by increasing costs on new homes, eliminate consumer choice and further strain America’s already stressed electric grid.
The plaintiffs include: NAHB, NYSBA, Mulhern Gas Company, Plumbing Contractors Association of Long Island, National Propane Gas Association, New York Propane Gas Association, Northeast Hearth Patio & Barbecue Association, Holmes Mechanical, Master Plumbers Council of New York, IBEW Local 1049, Plumbers Local 200, IBEW Local 97 and TWU Local 101.
The case is in the U.S. District Court for the Northern District of New York.