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
Energy | Advocacy
Sep 16, 2025
Kansas City Builder Testifies Against Energy Code MandatesThe Home Builders Association of Greater Kansas City (KCHBA) called on Congress today to oppose energy code mandates that raise the cost of housing and do very little to increase energy efficiency for home owners.
Economics
Sep 16, 2025
Builder Confidence Steady but Future Sales Expectations Hit Six-Month HighBuilder confidence in the market for newly built single-family homes was 32 in September, unchanged from the August reading, according to the NAHB/Wells Fargo Housing Market Index (HMI) released today. While builder sentiment has hovered at a relatively low reading between 32 and 34 since May, builders expressed optimism that a more favorable interest rate climate could bring hesitant buyers off the sidelines in the final quarter of 2025.
Latest Economic News
Economics
Sep 16, 2025
Builder Confidence Steady but Future Sales Expectations Hit Six-Month HighBuilder sentiment levels remained unchanged in September but lower mortgage rates and expectations that the Federal Reserve will soon cut the federal funds rate led to higher future sale expectations in the coming months.
Economics
Sep 15, 2025
Shelter Inflation Continued to CoolInflation accelerated to a seven month high in August as tariff-related costs continued to pass through to consumers, according to the Bureau of Labor Statistics’ (BLS) latest report. Core goods prices, which exclude volatile food and energy, rose by 1.5% in August, the fastest annual pace since May 2023.
Economics
Sep 15, 2025
Builders Stay Cautious as Single-Family Permits Extend DowntrendSingle-family housing permits slipped for the seventh month in a row, highlighting affordability headwinds and weak demand. While multifamily permits ticked up, the sector’s volatility leaves the outlook uncertain. The split underscores a housing market still under strain, with single-family softness weighing on broader growth prospects.