Local HBA Wins Impact Fee Case
On Feb. 4, a judge ruled in favor of the Greater Atlanta Home Builders Association (GAHBA) and its members regarding the improper increase of impact fees in 2022 (Ordinance 22-05) and 2024 (Ordinance 24-06) in Henry County, which is located about 30 miles south of Atlanta.
“This ruling validates the concerns that the development community has had for years, as it relates to the questionable tactics used to inflate fees that builders pay to local jurisdictions," said GAHBA President, James Nash of Heatherland Homes.
The Henry County Superior Court issued several orders, including:
- Improper fees collected since Feb. 2, 2023, are to be repaid by the Henry County to the feepayer.
- GAHBA will be awarded all attorneys’ fees and litigation expenses.
- Henry County is prohibited from further enforcing Ordinance(s) 22-05 and 24-06.
The case stemmed from GAHBA’s position that Henry County officials did not take the appropriate steps to update its impact fees in accordance with the Georgia Development Impact Fee Act (DIFA). After GAHBA asked the county to delay implementation based on deficiencies in the methodology behind the ordinance, the county rejected GAHBA’s request. In response, the association pursued legal action.
The association felt it was prudent to file a lawsuit on behalf of its members. Henry County and other counties and municipalities should be held accountable for operating in accordance with the process expressed in DIFA.
GAHBA’s Builder Action Fund provided financial support for the case. The association created the fund for important legal cases and to improve the legal and regulatory climate for builders in the Greater Atlanta area.
"We are grateful for the support from our members that contribute to the GAHBA Builder Action Fund that allows us the resources to address these issues," said Nash.
Latest from NAHBNow
Nov 06, 2025
Multifamily Developer Confidence Increases in Third Quarter, But Still in Negative TerritoryConfidence in the market for new multifamily housing increased year-over-year in the third quarter, according to the Multifamily Market Survey (MMS) released today by NAHB. The MMS produces two separate indices. The Multifamily Production Index (MPI) had a reading of 46, up six points year-over-year, while the Multifamily Occupancy Index (MOI) had a reading of 74, down one point year-over-year.
Nov 06, 2025
NAHB and NARI Offer Guidance for Working with RemodelersWith recent reports of several regional home improvement firms abruptly ceasing operations, the National Association of Home Builders (NAHB) and the National Association of the Remodeling Industry (NARI) reaffirm the commitment of the industry to serve home owners.
Latest Economic News
Nov 06, 2025
Multifamily Developer Confidence Increases in Third Quarter, But Still in Negative TerritoryThe Multifamily Production Index (MPI) had a reading of 46, up six points year-over-year, while the Multifamily Occupancy Index (MOI) had a reading of 74, down one point year-over-year.
Nov 05, 2025
Bedrooms in New Single-Family Homes in 2024Three-bedroom single-family homes reached their largest share of starts since 2011 and remained the most prevalent number of bedrooms among new homes.
Nov 04, 2025
The International Builders’ Show: The Leading Economic Forecast Event of the YearEvery year, NAHB and other industry experts and economists bring their latest insights to the NAHB International Builders’ Show® (IBS). For 2026, IBS offers an unparalleled lineup of IBS Education sessions that cover every sector of the housing industry: single-family, multifamily, remodeling, design trends, and building materials.