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NAA Filed Legal Briefs

Below are several of NAA’s filed briefs covering topics such as taxes, lead, mold, wetlands, fair housing, rent control, submetering and immigration. 

One and Ken Valley Housing Group, et. Al v. Maine State Housing Authority v. Donovan
United States Court of Appeals for the First Circuit – 2012 Affordable Housing

  • Parties argued that the 1994 Amendments to Section 8 was not meant to be an invocation of the overall limitation provision of a HAP contract and that fair market rents are an inappropriate standard in tenant-based housing choice voucher programs and that they invoke the overall limitation provision of the HAP contract which will adversely impact the preservation of Section 8 properties.

Coy A. Koontz, Jr., Petitioner v. St. Johns River Water Management
United States Supreme Court Case - 2012 Takings Case
Amicus Brief filed in support of Petitioner Koontz

  • Parties argued that good government intentions reinforce the need for compensation and that the burden lies with the government to demonstrate the need for an exaction.

Township of Mount Holly, New Jersey v. Mt. Holly Gardens Citizens in Action, Inc.
United States Supreme Court - 2012 Disparate Impact
Amicus Brief filed by NAA, NMHC, National Leased Housing Association and New Jersey Apartment Association in Support of Petitioners

  • Parties argued disparate impact claims are not supported by text of the Fair Housing Act, are inappropriate as a basis for liability in the housing context and should not be used to second-guess otherwise valid policy decisions.  Amici also argued, if the Court findsdisparate impact claims exist under the FHA, that they clarify and limit actions creating liability.

Keller, et al. v. City of Fremont et al.
Unites States Court of Appeals for the Eighth Circuit - 2012 Immigration Case
Amicus Brief filed by NAA and the Apartment Association of Greater Omaha and Lincoln in support of Plaintiffs/Appellants

  • Parties argued state and local laws banning rental housing to "unlawfully present" aliens has been ruled unconstitutional, Nebraska law does not expressly grant Fremont the power to regulate the housing options of said immigrants and that the Fremont ordinance attempted to transform property managers into state actors and impaired their right to contract.

Dussault v. RRE Coach Lantern Holdings
Maine Supreme Judicial Court - 2012 Source of Income Case
Amicus Brief filed by NAA and the Maine Apartment Association in Support of Appellee

  • Parties argued the Housing Choice Voucher Program remains voluntary, participation in the program relies on a business decision based on the program requirements including the required HUD lease addendum and this business necessity if a case specific inquiry.

Pedro Lozano et. al v. City of Hazleton
United States Court of Appeals for the Third Circuit – 2011 Immigration Case
Amicus Brief filed by NAA, NMHC, AACP, AAGP, WPAA and AAPA in Support of Appellee

  • Parties argued nothing in the Supreme Court’s decision in Chamber of Commerce v. Whiting suggested that Hazleton’s regulation of rental housing is not pre-empted by the Supremacy Clause, that "harboring" as used in the Hazleton ordinance was more expansive than that term used by the federal government and the regulation of housing and employment are not equatable.

Chantell & Michael Sackett v. United States Environmental Protection Agency
Supreme Court of the United States – 2011 Environmental Case
Amicus Brief filed by NAHB, Real Estate Roundtable and NAA in Support of the Petitioners

  • Parties argued the Clean Water Act should be construed to afford judicial review to Petitioners to prevent constitutional questions, the EPA’s compliance order is final agency action and the compliance order process violated the Petitioner’s right to due process

Staff of the Missouri Public Service Commission v. Aspen Woods Apartment Association
Missouri Public Service Commission – 2011 Submetering Case
NAA intervened in Support of Respondent

  • In Support of Respondent’s Joint Motion for Summary Determination NAA argued the issue of submetering did not constitute a public offering of services and thus the Staff’s overreach fails, the legislature regulates the landlord-tenant relationship and never delegated this authority to the PSC and granting the Staff’s overreach would be harmful to public policy.

Daniel & Susan Guggenheim and Maureen Pierce v. City of Goleta et. al
Supreme Court of the United States – 2011 Rent Control Case
Amicus Brief filed by NAA, NMHC, SDCAA, Southern Cities, AAOC and AOBA in Support of Petitioners

  • Parties argued the Ninth Circuit’s holding conflicted with a previous finding that parties who purchase property after the enactment of restrictive regulations are not barred from asserting a takings claim based on those regulations, rent controls have historically been viewed as temporary measures enacted and revised in response to extraordinary housing market conditions and the Ninth Circuit’s static analysis of a fluid real estate market resulted in legal fiction. 

Tricia Mason, et. al v. Wasatch Property Management Inc.
Court of Appeals for the State of Arizona, Division One – 2009 Mold Case
Amicus Brief filed by NAA in Support of Defendant-Appellee

  • NAA argued that contemporary scientific evidence does not support a causal link between exposure to mold and the alleged health conditions, the Plaintiff-Appellants failed to meet the Frye Standards for the admissibility of evidence and claims of junk science should fail as a matter of public policy.

Noll Garcia v. Dennis Brockaway 
United States Court of Appeals for the Ninth Circuit – 2008 Fair Housing Case
Amicus Brief filed by NAA and NMHC Urging Affirmance in Support of Appellees

  • Parties argued that completion of design and construction is the discriminatory housing practice that triggers the FHA’s statute of limitations and that the continuing doctrine does not apply to allegations of design and construction violations.

NAHB, et. al v. United States Army Corps of Engineers
United States District Court for the District of Columbia – 2001 Environmental Case
Amicus Brief filed by International Council of Shopping Centers, NMHC, NAA, The American Seniors Housing Association and the National Association of Industrial and Office Properties in Support of Plaintiff’s Motions for Summary Judgment

  • Parties argued the Replacement Permit Rule exceeded the Corps’ statutory authority under the Clean Water Act and is arbitrary and capricious, the Corps violated the notice and comment provisions of the Administrative Procedure Act when it failed to notify the regulated community of its intention to reduce the maximum permissible acreage and the Replacement Permit Rule violates the Constitution.

NMHC, NAA & NLHA v. United States Environmental Protection Agency
United States Court of Appeals for the District of Columbia – 2001 Lead Case

  • Petitioners filed in Support of their Petition for Review arguing the “regardless of the source” interpretation should be overturned because it is not in accordance with law and it exceeds the statutory authority of Title X, the EPA failed to articulate a rational basis for which this rule, the rule should be vacated as arbitrary and capricious and the EPA’s interpretation of this rule creates improper classifications not rationally related to a legitimate government purpose.

United Cable Television of Baltimore, L.P. v. Louis Burch, et. al
Court of Special Appeals of Maryland – 1998 Tax Case
Amicus Brief filed by NCTA, NVLA, NMHC, NAA, ASHA, Maryland Retailers Association, the International furniture Rental Association and the Self-Storage Association in Support of Appellant

  • Parties argued the trial court erred as a matter of law by holding a company is required to perform an expensive and detailed cost study before setting its late fee, by ignoring Maryland’s unconscionability analysis for standardized contracts and in holding several categories of costs attributed to collection on a delinquent account could not be considered when determining the validity of a late fee.