2027 IBS Registration Open
 
Register by Sept. 30 to lock in the best deals: Register now
 

Four HBAs Receive Grants from the Legal Action Fund

Legal
Published
Contact: Lavon Roxbury
[email protected]
Paralegal
(202) 266-8359

At the 2024 International Builders’ Show, the NAHB Legal Action Committee recommended financial assistance from the Legal Action Fund for four cases, which the Board approved at its meeting. Each case addresses an issue of national significance or a question that poses a common problem for NAHB members.

For more than 40 years, the Legal Action Committee has helped builder and developer members, as well as local and state HBAs, defray litigation costs on issues that are common to the industry and that may carry nationwide impact.

Challenging Impact Fees

The Desert Valleys Builders Association (DVBA) received continued support in its challenge against the City of Coachella’s handling of development impact fees (DIFs). Instead of maintaining separate accounts for each DIF, the city has commingled the funds from all DIFs. Moreover, the city has failed to produce annual reports and audits required by statute. DVBA sued the city in January 2019, seeking mandamus and declaratory/injunctive relief. The case then experienced a series of delays because of the COVID-19 pandemic and re-assignments to various judges (four in total), among other obstacles.

The second grant involves Builders Industry Association (BIA) of Tulare and Kings Counties’ challenge to an increase in school impact fees from Level 1 ($4.79 sq./ft.) to Level 2 ($5.50 sq./ft.). Specifically, the BIA is challenging:

  1. The method used to calculate necessity,
  2. The blending of space available for all grade levels instead of treating them separately,
  3. The school district disregard of the use of portable classrooms, and
  4. The school district’s refusal to use any part of a recent $105.3 million bond to fund new schools.

The Indiana Builders Association’s approved grant involved an erroneous impact fee in Pendleton, Ind. The fee came after a statutorily required report was created by the town. However, this report only gave lip service to the Indiana code and the Nollan/Dolan tests for nexus and proportionality. The report made the entirety of the town an impact zone and included road projects that had nothing to do with the development.

Fossil Fuel Ban

Lastly, the grant for BIA of New York City was in support of its challenge to New York City’s prohibition on the “combustion of any substance that emits 25 kilograms or more of carbon dioxide per million British thermal units of energy,” which would create an outright ban on not only gas but all fossil fuels.

NAHB will next consider Legal Action Fund applications at its Spring Leadership Meeting in Washington, D.C., in June. Applications are due Friday, May 17.

Subscribe to NAHBNow

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

Log in to subscribe

Latest from NAHBNow

Advocacy | Economics | Membership | IBS
Sep 03, 2026
Podcast: Challenges Ahead for Housing and Congress

On the latest episode of NAHB’s podcast, Housing Developments, CEO Jim Tobin and COO Paul Lopez highlight major issues impacting the residential construction industry — including immigration, gas bans and tariffs — and key upcoming events.

Safety
Sep 03, 2026
Jobsite Safety is Falling Behind at Smaller Home Builders, But Can Improve

According to a new academic study, small residential construction firms account for a disproportionate number of annual construction fatalities, but opportunities exist to improve jobsite safety through more deliberate communication and safety buffers.

View all

Latest Economic News

Economics
Sep 02, 2026
House Price Appreciation by State and Metro Area in the Second Quarter of 2026

U.S. house prices continued to rise in the second quarter of 2026, with most states and metropolitan areas recording annual gains. Elevated borrowing costs and affordability constraints remained important headwinds, while limited housing supply continued to support prices in many markets, particularly across parts of the Midwest and Northeast.

Economics
Sep 01, 2026
Number of Open Construction Sector Positions Rising

The number of open positions in the construction sector increased in July per the Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS). The current level of open jobs is down from three years ago due to declines in construction activity, particularly in housing.

Economics
Sep 01, 2026
HBGI Q2 2026: Single-Family Construction Contracts Broadly While Multifamily Expands

Home building trends diverged across geographies in the second quarter of 2026. According to the Home Building Geography Index (HBGI), single-family construction declined in nearly all geographic categories, although the contraction eased in most markets from the first quarter.