• Ninth Circuit Rules in Builders’ Favor in Fair Housing Lawsuit

On May 13, an eleven-judge panel of the Ninth Circuit Court of Appeals issued a decision in Garcia v. Brockway that the two-year statute of limitations period in a Fair Housing Accessibility  design-and-construction suit begins to run at the conclusion of the design-and-construction phase—which is the date the last certificate of occupancy is issued. This decision (which is the same position NAHB argued for last year in its petition for a writ of certiorari to the U.S. Supreme Court) is at odds with an earlier Sixth Circuit decision, thereby triggering a split at the appellate level. Further clarification on this issue would now need to come from the U.S. Supreme Court.  NAHB continues to closely monitor all fair housing accessibility lawsuits and will watch to see whether a petition is made to the Supreme Court.

View the official opinion.

For more information E-mail Jeffrey B. Augello, or call him at 800.368.5242 x8490

• NAHB Supports Builder Fighting Mandated Participation in Section 8

NAHB filed an amicus brief yesterday in the United States Supreme Court in the Section 8 case, Glenmont Hills Assocs v. Mongtomery County, on behalf of the building owner. In Montgomery Co., Md., a local ordinance prohibits discriminating among prospective renters based on “source of income,” which is interpreted to mean that building owners must take Section 8 vouchers. This interpretation is at odds with the federal law regarding voluntary participation in the Section 8 housing program. Glenmont Hills has fought the interpretation by Marylan’ds highest court that the local requirement effectively mandates landlords to participate in the Section 8 program.

NAHB is supporting the effort to have the U.S. Supreme Court review the case. If the Maryland decision stands, such an outcome could set a precedent for mandatory Section 8 program participation nationwide, which would in turn increase the regulatory burden on property owners and managers, strain Public Housing Authority (PHA) funding, and jeopardize affordable housing as a whole.

If the case is accepted by the U.S. Supreme Court, a decision isn’t expected until the beginning of 2009.

See the full brief.

For more information E-mail Duane Desiderio, or contact him at 800.368.5242 x8146