NAHB Legal Action Fund Awards $125,000 in Legal Support at IBS
At its recent meeting at the 2026 International Builders’ Show in Orlando, the NAHB Legal Action Committee reviewed requests for Legal Action Fund assistance and recommended a total of $125,000 in legal grants, which was approved by the NAHB Board of Directors.
The funding supports cases involving issues that directly affect housing production and affordability, including impact fees, fuel-choice restrictions, septic permitting, construction-defect liability, and transportation fee challenges.
Legal Action Fund Grants
Texas Association of Builders (TAB) – Austin energy code challenge ($20,000)
TAB is preparing to challenge the city of Austin’s adoption of 2024 IECC provisions and related amendments that TAB argues discourage natural gas infrastructure in new construction and conflict with Texas’s fuel-choice law.
Home Builders Association of Midwest Georgia – Pike County impact fees ($25,000)
HBA of Midwest Georgia supports a challenge to Pike County’s increase in single-family impact fees from $2,404.15 to $6,775.99. The challenge alleges violations of Georgia’s Development Impact Fee Act, including procedural failures related to ordinance amendments, advisory committee requirements and public hearings.
Florida Home Builders Association (FHBA) – Bear Warriors United v. Florida DEP ($20,000)
FHBA seeks support related to septic permitting litigation pending in the 11th Circuit. FHBA argues the injunction at issue has effectively halted development in a specific watershed and is requesting support for a potential U.S. Supreme Court certiorari-stage amicus brief if plaintiffs prevail.
Northeast Florida Builders Association (NEFBA) – Nassau County impact and mobility fees ($25,000)
NEFBA is considering litigation challenging Nassau County ordinances that significantly increased impact and mobility fees. According to the application, impact fees would rise from roughly $10,000 to $30,000 per home.
Fastway Drywall – Louisiana construction defect case ($10,000)
Fastway Drywall & Renovations requested assistance in a Louisiana construction-defect case involving a reroofing project and related issues of liability, causation, warranty waivers and insurance.
Fredericksburg Area Builders Association (FABA) – Stafford County transportation impact fees ($25,000)
FABA is challenging Stafford County, Virginia Ordinance O24-21, which increased transportation impact fees. Plaintiffs allege the County failed to establish required nexus and proportionality and improperly shifted broader infrastructure costs onto new development.
Why It Matters
These cases involve legal and regulatory decisions that can increase the cost of housing, delay development, or create uncertainty for builders.
Through the Legal Action Fund, NAHB supports litigation that can help clarify statutory limits, challenge unlawful local actions, and protect a more predictable environment for housing production. This round of recommendations reflects that continued focus.
The next deadline for funding consideration at the 2026 Spring Leadership Meeting is Monday, May 18, 2026. Visit nahb.org/legalfund for an application and the full guidelines.