Grants Help Members, HBAs Fight Industry Issues

Filed in Councils & Committees, Legal, Membership by on August 8, 2018 2 Comments

Young female hand holding coins and small plant.The NAHB Executive Board has approved five new grants to members and state and local HBAs as recommended by the NAHB Legal Action Committee. The grants range in size from $5,000 to $25,000. Among them:

Virginia. A grant to an NAHB member will support his litigation challenging a local municipality’s denial of his rezoning request.

The developer wanted a rezoning of about seven acres to build seven homes – a proposal that the county planning staff and planning commission supported as consistent with the county’s comprehensive plan, and had recommended approval to the county board of supervisors. However, the board of supervisors unanimously denied the rezoning request.

At a meeting between the chairman of the board of supervisors and the local HBA just days before the board meeting, the chairman said that because of recently enacted legislation concerning Virginia’s proffer system, all residential rezoning applications are “dead on arrival.” The member filed a complaint in April, alleging that the board’s denial and chairman’s statements amount to an illegal, de facto moratorium on rezoning requests.

South Carolina. The HBA of Central South Carolina has received support for its challenge in a public service commission proceeding concerning an issue that is affecting builders and developers around the country because of a change to the federal tax laws.

Under the newly enacted tax reform act, contributions in aid of construction (CIACs) are now considered to be income for a utility when it is a privately owned, for-profit entity.

In South Carolina, several utilities have proposed to add a “tax multiplier” so that they can capture the taxes they now must pay on CIACs, even though the utility is receiving a net tax cut under the new law.

Colorado. The Colorado Association of Home Builders will use its grant to help challenge the U.S. Fish and Wildlife Service denial of a delisting petition under the Endangered Species Act for the Preble’s Meadow Jumping Mouse. The listing has created costly issues for builders and developers in Colorado and Wyoming, and a litigation success here will have favorable ramifications throughout the country.

The Legal Action Fund is available to all NAHB members and HBAs who are litigating cases with issues that represent common industry problems or are nationally applicable. Visit the Legal Action Fund page or contact Lavon Roxbury for more information on how to apply.

For more information on this round of funding, contact Amy Chai.

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  1. Joe Honick says:

    The Grant Program is an excellent one that speaks to why NAHB exists. Good work.

    • David Koster says:

      Ditto. One of the best things that NAHB does. All of us should make this a priority to highlight and explain at our local membership meetings and membership recruitment efforts.

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