Podcast: A Big Win in the Supreme Court and Understanding the Realtors Settlement
In the latest episode of NAHB’s podcast, Housing Developments, hosts CEO Jim Tobin and COO Paul Lopez are once again joined by Tom Ward, vice president of legal advocacy, to discuss the outcome of the Supreme Court’s Sheetz decision and the National Association of Realtors (NAR) settlement.
Earlier this month, as NAHB had predicted, the Supreme Court concluded that an impact fee authorized by legislation must still comply with the Takings Clause of the Fifth Amendment.
So how does this apply to NAHB members? There are a number of states that follow this type of rule — that if it’s from the legislature, it would be shielded from a Takings claim, Ward explained. The ruling also applies to states in the Tenth Circuit.
States directly impacted include:
- Arizona
- California
- Colorado
- Kansas
- Maryland
- New Mexico
- Oklahoma
- Oregon
- Utah
- Washington
- Wyoming
In these states, members realistically could challenge what they believe to be overly burdensome impact fees and see if they pass the Nollan/Dolan test, which will determine if the impact fees assigned are proportional to the impact the development will have on the locality.
Ward discusses the implications further with Tobin and Lopez.
He also notes the policy changes that will be required of NAR as a result of its recent settlement, which he will delve further into in an upcoming Shop Talk on April 30, and impending investigation of NAR by the Department of Justice.
Watch the latest episode below and subscribe to Housing Developments through your favorite podcast provider.
Latest from NAHBNow
Feb 23, 2026
NAHB’s Best in American Living Awards Highlight Top Design Trends for 2026NAHB received nearly 650 application submissions for the 2025 Best in American Living™ Awards, sponsored by Smeg. The winners—66 Gold winners who took home top honors and 159 Silver winners—were announced last week at the NAHB International Builders’ Show in Orlando.
Feb 23, 2026
How Students are Turning Classrooms into Residential Construction LaunchpadsFrom showcase homes to hands-on jobsite shadowing, high school students are taking more immersive pathways toward potential careers in construction.
Latest Economic News
Feb 20, 2026
New Home Sales Close 2025 with Modest GainsNew home sales ended 2025 on a mixed but resilient note, signaling steady underlying demand despite ongoing affordability and supply constraints. The latest data released today (and delayed because of the government shutdown in fall of 2025) indicate that while month-to-month activity shows a small decline, sales remain stronger than a year ago, signaling that buyer interest in newly built homes has improved.
Feb 20, 2026
U.S. Economy Ends 2025 on a Slower NoteReal GDP growth slowed sharply in the fourth quarter of 2025 as the historic government shutdown weighed on economic activity. While consumer spending continued to drive growth, federal government spending subtracted over a full percentage point from overall growth.
Feb 19, 2026
Delinquency Rates Normalize While Credit Card and Student Loan Stress WorsensDelinquent consumer loans have steadily increased as pandemic distortions fade, returning broadly to pre-pandemic levels. According to the latest Quarterly Report on Household Debt and Credit from the Federal Reserve Bank of New York, 4.8% of outstanding household debt was delinquent at the end of 2025, 0.3 percentage points higher than the third quarter of 2025 and 1.2% higher from year-end 2024.