Four HBAs Receive Grants from the Legal Action Fund

Legal
Published
Contact: Lavon Roxbury
[email protected]
Paralegal
(202) 266-8359

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:

  1. The method used to calculate necessity,
  2. The blending of space available for all grade levels instead of treating them separately,
  3. The school district disregard of the use of portable classrooms, and
  4. 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.

Subscribe to NAHBNow

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

Log in to subscribe

Latest from NAHBNow

Advocacy | Membership | Spring Leadership Meeting

May 29, 2026

Chairman’s Update: Why You Should Attend NAHB’s Legislative Conference

In his latest Chairman’s Update, 2026 NAHB Chairman Bill Owens spotlights NAHB's Legislative Conference, taking place June 10 in Washington D.C., and highlights the messaging members will be focusing on this year.

Membership

May 29, 2026

Celebrate National Homeownership Month with New NAHB Resources

Promote National Homeownership Month this June with NAHB’s online toolkit, a ready-to-use guide to showcase the value of homeownership nationwide.

View all

Latest Economic News

Economics

May 28, 2026

New Home Sales Down in April on Affordability Concerns

Elevated mortgage rates, higher inflation and economic uncertainty kept more buyers on the sidelines in April as ongoing affordability challenges continue.

Economics

May 27, 2026

Multifamily Missing Middle Construction: First Quarter 2026

The missing middle construction sector includes development of medium-density housing, such as townhouses, duplexes and other small multifamily properties. The multifamily segment of the missing middle (apartments in 2- to 4-unit properties) has generally disappointed since the Great Recession.

Economics

May 26, 2026

First Quarter 2026 Multifamily Construction Data

According to NAHB analysis of quarterly Census data, the count of multifamily, for-rent housing starts increased year-over-year during the first quarter of 2026. For the quarter, 107,000 multifamily residences started construction.