from NYSBA;

MAJOR VICTORY IN GAS BAN LITIGATION - IMPLEMENTATION SUSPENDED PENDING APPEAL

THE NEW YORK STATE BUILDERS ASSOCIATION IS PLEASED TO SHARE A MAJOR DEVELOPMENT IN OUR ONGOING LEGAL CHALLENGE TO NYS’S RECENT ALL-ELECTRIC CODE AMENDMENTS

THROUGH EXTENSIVE NEGOTIATION AND ADVOCACY NYSBA AND ITS PLAINTIFF PARTNERS HAVE SECURED A SIGNIFICANT VICTORY. THE STATE’S ATTORNEYS HAVE AGREED TO A SO-ORDERED STIPULATION THAT EFFECTIVELY SUSPENDS IMPLEMENTATION OF THE CODE AMENDMENTS WHILE THE APPELLATE PROCESS IS UNDERWAY. THIS AGREEMENT ACCOMPLISHES NEARLY EVERYTHING A FORMAL GRANDFATHERING PROVISION WOULD HAVE. ENSURING THAT BUILDERS AND HOMEBUYERS ARE PROTECTED FROM THIS DISRUPTIVE REGULATORY MANDATE.

UNDER THE STIPULATION:

  1. IMPLEMENTATION OF THE ALL-ELECTRIC CODE AMENDMENTS WILL REMAIN SUSPENDED NOT ONLY THROUGH THE APPELLATE DIVISION AND COURT OF APPEALS PROCEEDING BUT ALSO THROUGH ANY PETITION FOR CERTIORARI TO THE U.S. SUPREME COURT.
  2. IN THE EVENT OF A FINAL ADVERSE RULING, THE AGREEMENT PROVIDES FOR A 120-DAY GRACE PERIOD BEFORE THE REGULATIONS TAKE EFFECT, ALLOWING CRITICAL TIME FOR BUILDERS, LOCAL OFFICIALS, AND HOMEBUYERS TO PREPARE FOR COMPLIANCE.
  3. TOGETHER, THESE PROVISIONS MEAN THAT THE INJUNCTION WILL LIKELY REMAIN IN PLACE FOR APPROXIMATELY A YEAR OR MORE EVEN IN THE EVENT OF AN ULTIMATE LOSS ON APPEAL.

 

THIS OUTCOME IS AN IMPORTANT AND HARD-FOUGHT STEP IN NYSBA’S BROADER EFFORT TO PROTECT HOUSING AFFORDABILITY, CONSUMER CHOICE, AND THE STABILITY OF THE HOMEBUILDING INDUSTRY WHILE THIS VITAL CASE PROCEEDS THROUGH THE COURTS.

WE WILL CONTINUE TO KEEP OUR MEMBERS INFORMED AS THE STIPULATION IS FINALIZED AND APPROVED BY THE COURT.

THE VICTORY UNDERSCORES THE IMPORTANCE OF A UNIFIED INDUSTRY VOICE AND DEMONSTRATES WHAT CAN BE ACHIEVED WHEN WE STAND TOGETHER TO DEFEND SENSIBLE, ATTAINABLE HOUSING POLICY IN NEW YORK STATE.

LET THE BUILDERS BUILD.