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Help NAHB Urge the Supreme Court to Hear a Fair Housing Accessibility Case
Last week, NAHB filed a petition with the Supreme Court in a Fair Housing Accessibility case concerning multifamily residences. The issues we’d like to have the Court decide include questions on the Act’s statue of limitations concerning violations, and the ability of interest groups receiving HUD enforcement grants to have legal standing to sue. NAHB’s legal department says that petitions that are accompanied by amicus (friend of the court) briefs tend to have a better chance of being chosen to be argued before the Supreme Court, and that having a large number of briefs from amici supporting the petition improves the odds of having the Court agree to hear the case. That’s why we want you to consider filing an amicus brief concerning this case.
You can read the complete petition at this link, but here’s the story in layman’s terms:
One of NAHB’s members, WKB Associates, in the Louisville, Ky., area, was sued by a local fair housing interest group alleging that several of the developer’s multifamily projects did not comply with the Fair Housing Act’s requirements for design and construction. The group had received HUD enforcement grants and hired testers to identify potential violations. Last year, the Sixth Circuit found in favor of the enforcer group, ruling that it had standing to sue. The Court also issued a liberal interpretation of the law’s statue of limitations, holding that as long as one unit in a development is sold within the appropriate time period, then the lawsuit could target all units—no matter how long ago they were sold before the suit was filed. Other Circuits have rendered decisions on similar cases that are not compatible with this one, creating a situation which only a Supreme Court decision can resolve.
An additional case concerning multifamily developments in Nevada and Idaho addressed the statue of limitations on Fair Housing violations, and was just decided in the developer’s favor in a different circuit. Information on that decision will be added to NAHB’s petition. Read that decision here.
So…if you have an interest in this issue – and all of you do – you should consider having your attorney submit an amicus brief quickly, so that it will arrive before the 30-day window for such actions closes. For more information about the logistics of the process or the details of the case, e-mail Tom Ward at NAHB, or call him at 800-368-5242 x8230.
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Legislative: HOPE VI Bill Contains Mandatory LEED "Poison Pill" Provision
The House Financial Services Committee on Sept. 26 approved H.R. 3524, the HOPE VI Improvement and Reauthorization Act of 2007. While NAHB has long supported the HOPE VI program, a letter was sent to every committee member informing them that NAHB would oppose the bill because it seeks to mandate green building requirements through the Green Communities program and the U.S. Green Building Council's (USGBC) Leadership in Energy and Environmental Design (LEED) rating system. "As leaders in green building, NAHB believes this mandate is a tremendous obstacle for affordability, particularly for a market that is specifically concerned with development cost constaints ... the explicit reference to one rating system in this legislation is overly restrictive, costly and could limit the number of projects that can be undertaken within the HOPE VI program. Most importantly, the LEED rating system is not an officially recognized construction standard," the letter stated.
The bill will now go to the House floor. In the interim NAHB will continue to urge lawmakers to oppose any explicit mandate for only one green building program and to strike this provision from the legislation when the full chamber considers the measure. For more information, e-mail Elizabeth Odina or call her at 800-368-5242 x8570.
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Regulatory: HUD Data Collection Victory; REAC Inspection Deadlines
In July 2006, HUD Wanted to Stop Collecting Data…
…on the market's absorption of new multifamily rental units, but you wrote letters to tell them how important it is to have such market data available — and they listened! While HUD didn’t respond directly to NAHB about your letters, or ours, an item in the Federal Register last week specifically refers to the collection of the data on Market Absorption. So it’s official — the data collection on absorption will continue. If you wrote a letter in support of this effort, give yourself a pat on the back —and if you didn’t, thank someone who did!
HUD Opts for Consistency
Owners of buildings that receive REAC inspections have had 30 days to respond to the findings if they receive their inspection results by certified mail. But owners were given only 15 days to respond if they got the results by e-mail. Perhpas tracking two sorts of response deadlines was more trouble than it was worth, because HUD has decided to give everyone 30 days, effective Oct. 25. For more information, e-mail Claudia Kedda, or call her at 800-368-5242 x 8352.
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Legal: Lawsuit Proceeds on Homeland Security's No-Match Rule
The Department of Homeland Security’s (DHS) No-Match rule, slated to go into effect Sept. 14, has been at least temporarily delayed by a court in Northern California as a result of a suit filed by the AFL-CIO and the ACLU, and joined by the National Roofing Contractors Association and the U.S. Chamber of Commerce. The rule would have required employers who received a “no-match” letter from DHS to resolve any difference between an employee’s Social Security number and his or her name within 90 days. If the problem couldn’t be resolved in that time, the employer was required to fire the person whose identity was in question, or face potential prosecution for employing an illegal alien.
The plaintiffs contend that DHS had no right to use Social Security information for its own purposes, and further, that the matching system itself is less than reliable, and that the enforcement process places an undue burden on small businesses.
The court will consider the issue in a hearing today — October 1 — to determine whether the restraint on implementing the no-match system will remain in place until the outcome of the lawsuit is final. For more information, e-mail Jenna Morgan Hamilton.
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Economy – The Seiders Report
The news is still bad, and likely to get worse in the 4th quarter. Risk of economy-wide recession is up, but the odds are still that we won’t have to go there. NAHB still projects an upturn sometime in 2008. Keep abreast of events with a free subscription to Eye on the Economy.
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Calendar: Shows and Awards
- NAHB Multifamily Pillars of the Industry Awards Calls for Entries — Now!
Past winners and other savvy marketers are already pulling their teams together to produce an award-winning entry to the 2008 Pillars of the Industry Awards, the multifamily housing industry's most prestigious honors. The annual awards spotlight excellence in more than 30 categories representing all facets of the multifamily housing industry: apartment and condo design, development, marketing, management and individual achievement. A distinguished panel of judges representing a broad range of expertise in these areas will judge the entries in January, 2008.
The Pillars awards are considered a showcase of future trends and innovation, and “they showcase the best and most creative work in our industry," said Leonard Wood, chairman of NAHB's Multifamily Leadership Board and director of Wood Partners, in Atlanta.
Getting started early means you won’t miss the good-weather window for great photos of your projects! Go to this link and Apply Now!
Take advantage of the new grace period and enter now to be recognized for your achievements in implementing a high quality construction safety program. The Safety Award for Excellence also honors government officials and NAHB-affiliated associations who have contributed to safety advancements in the home building industry. Get all the information you need, including eligibility requirements, on our Web site, or call Lindsay Cather at 800-368-5242 x8163.
Attend the conference for a crash course in media relations, or an intensive intro to Green building, or an update from your colleagues on all the issues that HBAs are dealing with nationwide. And CNN commentator Paul Begala will be filling you in on the political scene with his keynote address. For more information, or to register online, view this link.
The National Housing Endowment funds an annual awards program for NAHB members who demonstrate an exceptional commitment to bettering their communities and promoting the spirit of giving so prevalent in the residential building industry.
Eight winners will be chosen to designate cash awards ranging from $10,000 to $1,000 to the charity each winner chooses. There is no fee to enter. For more details and application information, view this page.
Early Builders’ Show information and online registration are now available. The closest hotels fill up first, so register, and reserve your spot soon!
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Resources: Laptops, Desktops at a Discount, through October
Now, for a limited time, Dell is offering an exclusive promotion that will let NAHB members save 20% on all NEW Vostro™ Desktops. Dell also is discounting 20% off all NEW Vostro Notebooks over $649, and offering a 10% savings on Vostro notebooks under $649. In addition to the new Vostro line-up, NAHB members also can save 25% on the Latitude ATG durable and rugged notebooks.
Remember that this special offer ends soon. Shop online at www.dell.com/NAHB. When you are ready to purchase, call your dedicated sales team today at 1-888-577-3355 (Mon. - Fri. 7am – 10pm or Sat. 8am - 6pm CST). our Dell sales representative will apply your NAHB member discount to your order. Offer expires 10/19/2007.
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or to contact us directly, please visit www.nahb.org
l ©2007, National Association
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