Recent Legal Action Fund Grants Help NAHB Members and HBAs in Big Cases

Legal
Published
Contact: Legal Affairs
[email protected]

At the 2024 Fall Leadership Meeting, the NAHB Legal Action Committee recommended financial assistance through the Legal Action Fund for five 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.

Land Use and Zoning Issues in Ohio

An NAHB member in Tallmadge, Ohio, owns large parcels of farmland, including a 124-acre tract. They worked with the city to create an R-6 zoning classification for high-density housing and applied to rezone their property.

Despite meeting all requirements, the city council denied the application because of local opposition to smaller lot sizes. The city council subsequently eliminated the R-6 zoning designation entirely.

The landowner filed a lawsuit in the Northern District of Ohio, claiming a regulatory taking without just compensation, violation of equal protection, and retaliation. NAHB’s Legal Action Fund Grant will allow them to pursue a favorable judgment at the trial court or appellate court.

Land Use and Exaction Issues in Alabama and California

NAHB members in Alabama and California each won grants to support their challenges to the calculation and application of development impact fees that go beyond their stated purpose.

In Alabama, a developer is challenging disproportionate and unjustified fees along with unfair and unreasonable land use regulations that are driving up development costs and stunting the housing supply.

Since 2019, California has been seeking answers from the city of Coachella on its fee calculation, use and distribution of collected development impact fees. The NAHB member involved in the litigation argues that the city of Coachella is violating the state’s Mitigation Fee Act.

In each instance, NAHB’s Board recognized that continued delays in settling these matters are being used to stunt housing growth, as well as exhaust judicial support, and the grants will be used to advance the cases to conclusion.

Climate Change Regulation in Georgia

Georgia is ramping up to implement zero-emission requirements for homes that conflict with federal appliance standards. An NAHB member hopes to staunch the flow of regulatory overreach from spreading to other states.

NAHB’s Board recognized that without the support of the Legal Action Fund grant program, state and local regulations that exceed federal standards of compliance could potentially create financial and operational hardships on manufacturers, builders and ultimately home buyers.

NAHB will next consider Legal Action Fund applications at the International Builders’ Show in Las Vegas Feb. 25-27. Applications are due Wednesday, Feb. 5. 

Subscribe to NAHBNow

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

Log in to subscribe

Latest from NAHBNow

Remodeling | Awards

Jun 26, 2026

Meet Robert Wood, the 2025 NAHB Remodeler of the Year

When Robert Wood and his wife Heather first started their company Mountainwood Homes back in 2008, one of their goals was to win a national award. That goal was achieved at the 2026 International Builders’ Show in Orlando, when Robert was named NAHB’s Remodeler of the Year.

IBS | Design

Jun 25, 2026

Custom Builder Transforms a Tuscan Time Capsule Into a Modern Showpiece for IBS 2027

When the International Builders’ Show returns to Las Vegas in 2027, attendees will get a firsthand look at how an aging luxury residence can be transformed into a contemporary showpiece.

View all

Latest Economic News

Economics

Jun 26, 2026

Property Tax Revenue Leads State and Local Tax Growth in Q1 2026

Property tax revenue collected by state and local governments was higher in the first quarter of 2026 according to the Census Bureau’s quarterly summary of state and local tax revenue.

Economics

Jun 25, 2026

State-Level Economic Growth Strengthened in the First Quarter of 2026

State economic growth strengthened in the first quarter of 2026, with real GDP increasing in 46 states and the District of Columbia. According to the Bureau of Economic Analysis (BEA), state-level growth rates ranged from a 4.5% annualized increase in Washington to a 1.6% decline in South Dakota, while Delaware’s economy was essentially unchanged during the quarter.

Economics

Jun 25, 2026

PCE Inflation Hits 3-Years High in May

As the Iran conflict pushed up energy prices, the Personal Consumption Expenditures (PCE) Price Index—the Federal Reserve’s preferred inflation gauge—accelerated to a three-year high in May.