Podcast: A Big Win in the Supreme Court and Understanding the Realtors Settlement

Legal
Published

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.

Subscribe to NAHBNow

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

Log in to subscribe

Latest from NAHBNow

Education | Economics | Remodeling
Aug 21, 2026
Experts Forecast the Remodeling Industry's Future

NAHB’s Mid-Year Remodeling Forecast Update webinar reviewed how the remodeling industry will weather changing economic conditions, homeowner priorities and market demand.

Safety
Aug 20, 2026
OSHA Hazard Communication Compliance Deadline Set for Nov. 20

A deadline for compliance with 2024 revisions to OSHA’s Hazard Communication Standard (HCS) is approaching for home builders and other downstream chemical users. Employers must comply with revised classifications or hazard information for substances in their workplaces by Nov. 20, 2026.

View all

Latest Economic News

Economics
Aug 21, 2026
Second Quarter Declines for Single-Family Built-to-Rent

Single-family built-for-rent (SFBFR, or built-to-rent (BTR)) construction fell back in the second quarter of 2026, as a higher cost of financing, increased multifamily supply and policy concerns over Congressional legislation related to institutional capital froze parts of the development market.

Economics
Aug 20, 2026
Short-Term Townhouse Construction Weakness

Second quarter 2026 data reveal softer conditions for townhouse construction as housing affordability challenges affect homebuyer demand, particularly in larger metropolitan markets.

Economics
Aug 19, 2026
Flat Conditions for Custom Home Building

With overall single-family construction down almost 7% for the first seven months of 2026, custom home building has been a relative bright spot for the residential construction industry.