In their latest newsletter — usually available only to BUILD-PAC contributors, but shared with you because this analysis is so important — they lay out the changes, and their expectations as to what those changes will mean to our members. Read it at this link — and consider the ways NAHB can use BUILD-PAC contributions to encourage more industry-friendly legislation, and mitigate the negative effects of other proposals. For more information on BUILD-PAC and its work on behalf of NAHB members, e-mail Vanessa Barrera, or call her at 800-368-5242 x8114.

Under the law, EPA also had the right also to sue the general partners, whose assets were much greater than the partnerships’ assets, but opted not to do so. That’s the good news.

The other news is that there is no policy that says the agency couldn’t have sued the general partners. Still, the decision does show that if a partnership is sued by EPA, it is possible to negotiate a settlement that limits liability to the partnership and the assets of the project. For more information about this case, e-mail A.J. Holliday.
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• Experts Decipher Recent Wetlands Decisions

A meeting of the minds on the meaning of "significant nexus" brought 13 environmental experts from around the country to NAHB offices in Washington, DC last week to assess the fallout of the U.S. Supreme Court's complex decision in the Rapanos Clean Water Act permitting case. Builders, developers, and even regulators are uncertain about what the Justices meant when they said there has to be a "significant nexus" to a navigable body of water for a piece of property to be subject to regulation under the Clean Water Act. Environmental Issues Committee Vice Chairman David Smith facilitated the discussion of wetlands experts, engineers and biologists.

While legal minds have already weighed in on many of the issues at hand, the government has yet to decide what kinds of streams, wetlands, ditches and puddles do and don't belong under the federal government's purview. As Smith pointed out, while that decision is ultimately one of policy, an important first step is looking to the ecological functions of those areas — a discussion that best belongs to the scientific community. NAHB staff is now summarizing the meeting prior to another round of discussions that will take place by phone. When a consensus has been reached, it is hoped that a set of recommendations can be shared with the general membership as well as with regulators who are looking for well-reasoned arguments. For more information, e-mail Susan Asmus, or call her at 800-368-5242 x8538.

• NAHB Responds to Army Corps of Engineers’ Nationwide Permits Proposal

The Corps has proposed revisions to the Nationwide Permit program — permits that are required any time a builder might need to dredge or discharge material into any “water of the United States.” NAHB sees the proposals as a step in the right direction, but with lots of room for improvement. In a 47-page letter of official comments, NAHB noted that the Corps needs to keep the program going and not let Nationwide Permits (NWPs) lapse while the proposal goes through the approval process.

While the Corps' position is that NWPs are optional permits, NAHB argues that in reality they are not. For many applicants, the process and delay associated with individual [rather than general] permits would render a project infeasible. NAHB also asked the Corps to clarify its jurisdiction with NWPs, and provide a better explanation of why a general permit can't be used when a project only affects a half acre, and why it should be notified of any residential building activity. NAHB also noted that with each new reissue of the NWPs, the acreage limit shrinks. For more information on this, e-mail Callie Schmidt.

• Pillars of the Industry Awards Deadline Extended — Apply by Dec. 18

You have to enter to win — so log onto the Pillars Awards web page for all the information you need to apply to enter your development — rental or for-sale — your marketing effort, or your individual achievement as a development firm, property management firm, or property manager. Once you’ve entered, you have until Jan. 5, 2007, to submit your completed entry. View this page for more information or to start the application process. And if you run into any difficulty, Multifamily staff is happy to talk you through it. E-mail Ann Marie Moriarty, or call 800-368-5242 x8350.

• Apartment Rentals are Thriving as Condo Markets Falter

That’s the word from two newly released market indexes from NAHB Economics that are based on surveys of our multifamily professionals. On the up side, those responding to the NAHB/Fannie Mae Multifamily Rental Market Index (MRMI) indicated that solid economic conditions including good job growth and also a tight supply of units are truly benefiting the apartment market. On a scale of 0 to 100 (with 50 generally indicating that the number of positive responses is about the same as the number of negative responses), the MRMI component tracking current demand for units rose to 66 for Class B apartments (up from 58.5 the same time last year), 67.3 for Class A apartments (up from 60) and 61.5 for Class C apartments (up from 58.5 earlier). Asked to gauge their expectations for the rental market over the next six months, multifamily builders expressed continued optimism reaching 70.0, 75.0 and 69.2 on the MRMI scale for Class A, B and C apartments, respectively. See the NAHB/Fannie Mae MRMI press release and tables online, e-mail Ann Marie Moriarty  or call her at 800-368-5242 x8350.

On the down side, responding to slower sales and a growing inventory of units on the market, builder confidence in the condominium segment eroded in this year's third quarter according to the NAHB/Fannie Mae Multifamily Condo Market Index (MCMI), released Nov. 21. NAHB Chief Economist David Seiders reasoned that "Many condo communities are large, urban projects or high-rise communities in resort locations, and as such, they take a long time to plan and build compared to a single-family home. As a result, multifamily developers cannot simply turn off the supply overnight, so it is going to take a little while before we work through the large overhang of inventory in this sector." The component of the MCMI that tracks current condo supply conditions fell markedly to 19.7 during the third quarter, indicating oversupply, compared with a 47.1 reading at the same time last year. Meanwhile, the index tracking builder expectations for the condo market over the next six months also fell, to 27.9 versus the year-ago level of 55.3. See the MCMI press release and tables online, e-mail  Ann Marie Moriarty or call her at 800-368-5242 x8350.

• Multifamily Entries Welcomed in Green Building Awards Competition – Dec. 29

Multifamily builders, developers and architects can enter NAHB’s National Green Building Awards, which recognize individuals, companies and organizations for helping to move green into the mainstream of the housing industry through their designs and construction practices
New this year is a green land development award, which honors resource-efficient site design and development practices, including onsite recycling, preservation of trees and innovative storm water retention features. And the awards include a category honoring Multifamily achievement.

The annual awards will be presented during ceremonies at the association’s National Green Building Conference, which will be held in St. Louis on March 25 to 27. For an application form and instructions on how to send logos, project photos and other artwork, click here. Members are invited to submit a completed application package by Dec. 29, 2006. For additional information, e-mail Emily English at NAHB, or call her at 800-368-5242 x8366.

• 2007 Pillars of the Industry Conference and Gala – April 11-14

The upcoming Pillars of the Industry Conference and Awards Gala will be held at the Westin Diplomat Resort and Spa, in Hollywood, Fla., April 11-13, 2007. The venue has a lovely beachfront location, featuring a variety of water sports and sport fishing opportunities, as well as a full spa facility for off-hours relaxation. Of course, as always, the educational programs will feature a top-flight roster of speakers drawn from upper-tier industry leaders. For more information or to register online, view this page.

• A Holiday Gift from Dell to NAHB Members

Dell computers is offering December double discounts to NAHB members on an array of products designed to meet the technology needs of your company. That means Dell’s normal discounts of 3%-5% to NAHB members will double to 6%-10% on essential small business technology, including business-class desktops and cutting-edge notebooks.

To Get Your Discount: Visit the Member Advantage main page on the NAHB Web site and click through Dell for complete details. To maximize your Dell Member Advantage Discount: After you have made your selections and are ready to purchase, call your dedicated Dell sales representative at 888-577-3355, Monday-Friday, 7:00 a.m.-8:00 p.m. (CST) and Saturday, 8:00 a.m.-5:00 p.m. (CST). Your sales representative will apply your NAHB member discount to your order. NAHB members who have previously ordered from Dell also receive a monthly catalog, which includes this double discount offer. The Dell Double Member Discount* offer is valid through 12/31/06.
* Double discounts do not apply to the preconfigured systems which are already priced at up to 20% off.

• A Good Reason to Come to Philadelphia (or Louisiana, or...)

Free training on the Fair Housing Act and its implications for multifamily builders and developers will be offered on Dec. 12 & 13 in Philadelphia, funded by HUD. The training will be offered in other cities in the weeks following.

Cities offering the training:

 Philadelphia   Dec. 12 & 13
 Lake Charles, LA Jan. 9
 Biloxi, MS  Jan. 19
 Cleveland  Jan. 25
 
For more information on the training program and materials, and links to online registration, go to http://www.fairhousingfirst.org/calendar.asp.