NY HBA Requests Federal Action on State Gas Ban

NAHB and the New York State Builders Association (NYSBA), in conjunction with other industry associations, submitted a letter to Attorney General Pam Bondi to prompt federal action on the impending statewide ban on fossil fuel appliances and infrastructure in new buildings. The ban would affect new buildings seven stories or less starting Jan. 1, 2026, followed by a ban for all new buildings beginning Jan. 1, 2029.

Under President Trump’s Executive Order, “Protecting American Energy from State Overreach,” NYSBA requested legal action to:

• Investigate New York’s gas ban and related “climate” mandates for constitutional and statutory violations.
• Initiate enforcement or injunctive action against New York to delay or prevent the gas ban's implementation on Jan. 1, 2026.
• Examine New York City’s Local Law 154 of 2021, which has already implemented an all-electric building requirement as of Jan. 1, 2024, setting a precedent and compounding the negative impacts on housing affordability, grid reliability, and federal energy interests.
• Include New York’s laws in the Attorney General’s 60-day report to the president, per the Executive Order, recommending action needed to stop enforcement of state laws that are determined to be illegal.

NAHB and other associations are involved in a pending federal case, Mulhern Gas Co. v. Rodriguez et al., that challenges the legality of this mandate under the Federal Energy Policy and Conservation Act (EPCA).

“This issue is critical to preserving affordable housing, reliable energy, and the economic vitality and national security of American families and businesses,” the letter stated.