Four HBAs Receive Grants from the Legal Action Fund
At the 2024 International Builders’ Show, the NAHB Legal Action Committee recommended financial assistance from the Legal Action Fund for four 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.
For more than 40 years, the Legal Action Committee has helped builder and developer members, as well as local and state HBAs, defray litigation costs on issues that are common to the industry and that may carry nationwide impact.
Challenging Impact Fees
The Desert Valleys Builders Association (DVBA) received continued support in its challenge against the City of Coachella’s handling of development impact fees (DIFs). Instead of maintaining separate accounts for each DIF, the city has commingled the funds from all DIFs. Moreover, the city has failed to produce annual reports and audits required by statute. DVBA sued the city in January 2019, seeking mandamus and declaratory/injunctive relief. The case then experienced a series of delays because of the COVID-19 pandemic and re-assignments to various judges (four in total), among other obstacles.
The second grant involves Builders Industry Association (BIA) of Tulare and Kings Counties’ challenge to an increase in school impact fees from Level 1 ($4.79 sq./ft.) to Level 2 ($5.50 sq./ft.). Specifically, the BIA is challenging:
- The method used to calculate necessity,
- The blending of space available for all grade levels instead of treating them separately,
- The school district disregard of the use of portable classrooms, and
- The school district’s refusal to use any part of a recent $105.3 million bond to fund new schools.
The Indiana Builders Association’s approved grant involved an erroneous impact fee in Pendleton, Ind. The fee came after a statutorily required report was created by the town. However, this report only gave lip service to the Indiana code and the Nollan/Dolan tests for nexus and proportionality. The report made the entirety of the town an impact zone and included road projects that had nothing to do with the development.
Fossil Fuel Ban
Lastly, the grant for BIA of New York City was in support of its challenge to New York City’s prohibition on the “combustion of any substance that emits 25 kilograms or more of carbon dioxide per million British thermal units of energy,” which would create an outright ban on not only gas but all fossil fuels.
NAHB will next consider Legal Action Fund applications at its Spring Leadership Meeting in Washington, D.C., in June. Applications are due Friday, May 17.
Latest from NAHBNow
Jun 04, 2026
Highest Paid Occupations in Construction in 2025The median wage of payroll workers in construction was $61,370 in 2025, with the top 25% earning at least $83,480. In comparison, the U.S. median annual wage was $50,980, while the highest paid 25% earned at least $80,520.
Jun 03, 2026
Top OSHA Violations of 2025; No Increase in Penalties for 2026In 2025, improper fall protection was once again the most-cited violation of OSHA jobsite rules. A failure to protect against falls also featured prominently in three other violations in the top 10.
Latest Economic News
Jun 03, 2026
House Price Appreciation by State and Metro Area in the First Quarter of 2026U.S. house prices continued to rise in the first quarter of 2026, but appreciation slowed markedly from the rapid pace seen during the pandemic-era housing boom.
Jun 03, 2026
State-Level Employment Situation: April 2026State labor market conditions remained generally positive in April, with most states recording employment gains despite signs of moderating national job growth.
Jun 02, 2026
Slight Increase for Construction Job OpeningsThe number of open positions in the construction sector edged higher in April, per the Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS).