Podcast: A Big Win in the Supreme Court and Understanding the Realtors Settlement
In the latest episode of NAHB’s podcast, Housing Developments, hosts CEO Jim Tobin and COO Paul Lopez are once again joined by Tom Ward, vice president of legal advocacy, to discuss the outcome of the Supreme Court’s Sheetz decision and the National Association of Realtors (NAR) settlement.
Earlier this month, as NAHB had predicted, the Supreme Court concluded that an impact fee authorized by legislation must still comply with the Takings Clause of the Fifth Amendment.
So how does this apply to NAHB members? There are a number of states that follow this type of rule — that if it’s from the legislature, it would be shielded from a Takings claim, Ward explained. The ruling also applies to states in the Tenth Circuit.
States directly impacted include:
- Arizona
- California
- Colorado
- Kansas
- Maryland
- New Mexico
- Oklahoma
- Oregon
- Utah
- Washington
- Wyoming
In these states, members realistically could challenge what they believe to be overly burdensome impact fees and see if they pass the Nollan/Dolan test, which will determine if the impact fees assigned are proportional to the impact the development will have on the locality.
Ward discusses the implications further with Tobin and Lopez.
He also notes the policy changes that will be required of NAR as a result of its recent settlement, which he will delve further into in an upcoming Shop Talk on April 30, and impending investigation of NAR by the Department of Justice.
Watch the latest episode below and subscribe to Housing Developments through your favorite podcast provider.
Latest from NAHBNow
Mar 12, 2026
Senate Passes Major Housing Legislation Despite Serious Industry ConcernsThe Senate today passed the 21st Century ROAD to Housing Act in an attempt to bolster the nation’s housing supply.
Mar 12, 2026
Statement from NAHB Chairman Bill Owens on Passage of Senate Housing BillNAHB Chairman Bill Owens issued the following statement after the Senate passed the 21st Century ROAD to Housing Act.
Latest Economic News
Mar 12, 2026
Single-Family Starts Remain Soft in January on Affordability ConcernsElevated construction costs and constrained affordability conditions led to a reduction in single-family housing starts in January.
Mar 11, 2026
Inflation Steady Before WarAfter months of downward trend, inflation held steady at an eight-month low in February. This report does not reflect the recent surge in oil prices due to Iran conflict beginning February 28. Higher oil prices will likely translate into higher gasoline costs and impact other sectors associated with transportation including airline tickets.
Mar 11, 2026
Single-Family Permits End 2025 on a Soft NoteSingle-family permitting softened over the course of 2025 and finished the year weaker than the prior year. After showing some resilience in 2024, permitting activity gradually lost momentum as elevated mortgage rates and ongoing affordability constraints weighed on buyer demand.