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NAHB Working for Their Members
Justice Department Provides Clarity to Ohio District Court Ruling on Eviction Moratorium
A recent statement by the U.S. Department of Justice (DOJ) has provided clarity on a recent legal decision to overturn the eviction moratorium decision by the Centers for Disease and Control Prevention (CDC).
On March 10, NAHB won a key legal decision when the U.S. District Court for the Northern District of Ohio ruled that, by issuing an eviction moratorium, the CDC exceeded the authority granted to it by Congress. NAHB brought the lawsuit as a plaintiff on behalf of its members.
On March 24, DOJ confirmed that the district court’s order applies to all NAHB members across the nation who rent residential properties to covered persons who submitted CDC declarations — not just those who reside in Ohio.
In other words, pending further guidance from the district court or subject to an appeal by the DOJ, the CDC eviction moratorium is currently set aside for all NAHB members.
NAHB filed suit because we believed that the CDC had overstepped its authority in issuing such a broad mandate. And while this is an important legal win to rein in federal overreach, NAHB continues to urge members to seek access to the $46.5 billion of rental funding through the Emergency Rental Assistance Program via your local government and housing authorities.
NAHB worked for a year with Congress and two administrations to ensure flexible funding so tenants are able to pay their rent and stay safely housed during the pandemic. Although funds have not been released as quickly as anticipated, NAHB has always stated that the best way to help all parties is through emergency funding and not moratorium mandates.
The reason the court decision was set aside for all NAHB members — and not all landlords nationwide — is because NAHB was a plaintiff in the case and we had “representational standing.” This means NAHB was acting as a representative of its members who have been impacted by the moratorium. When an association wins a case like this, the decision applies to all its members.
Meanwhile, recent media reports indicate that the CDC may seek to extend its eviction moratorium, which is set to expire on March 31. Given the district court’s ruling on March 10, even if the CDC does take action to extend the eviction moratorium, it should not apply to NAHB members.
For more information, contact Tom Ward.
Commerce Department Cuts Lumber Tariffs from 20% to 9%
With lumber prices experiencing extreme price volatility this year and harming housing affordability, a final determination of the first administrative review by the U.S. Commerce Department to reduce duties on shipments of Canadian lumber into the United States by more than half is good news for American home builders and home buyers.
“The Commerce Department’s action to reduce duties from more than 20% to 9% on softwood lumber shipments from Canada into the U.S. is a positive development, but more needs to be done,” said NAHB Chairman Chuck Fowke. “Tariffs have contributed to unprecedented price volatility in the lumber market in 2020, leading to upward pressure on prices and harming housing affordability for American consumers. The U.S. needs to work with Canada to end the tariffs and achieve a long-term, stable solution in lumber trade that provides for a consistent and fairly priced supply of lumber.”
This latest development on the tariff front comes at a particularly opportune time, with the Random Lengths Framing Composite Price moving lower since mid-September but still up more than 60% since mid-April.
Lower tariffs would mitigate uncertainty and associated volatility that has plagued the marketplace, which could help ease upward price pressure on lumber prices.
Another positive development is that housing construction and new home sales have moved forward at a robust pace in recent months as lumber prices have receded from unprecedented highs. Lumber prices peaked above $950 per thousand board feet in September and are now down to roughly $560 per thousand board feet – which is still at an extremely high historical level.
NAHB continues to work on all fronts to find solutions that will ensure a lasting and stable supply of lumber for the home building industry at a competitive price.
For more information on the tariff reduction, contact Felicia Watson at 800-368-5242 x8229.
Blower Door & Duct Blaster Testing Mandatory
Beginning January 1, 2021, within the jurisdictions of the Miami County Department of Development, blower door and duct blaster testing will be mandatory. There is no longer an option for a visual test.
The process will be as follows:
- Plans submitted with a statement that the plans comply with section 1105.3 of the 2019 Residential Code of Ohio (RCO)
- An inspection checklist will be submitted documenting the proposed design characteristics as indicated in table 1105.5.2(1) of the RCO
- An approved Res-check or other compliant software will be submitted showing compliance.
- Before final inspection can be performed, a certificate stating the blower door and duct blaster tests have passed and who performed them
- At the final inspection a permanent certificate must be posted on the electrical panel and state the following information:
- R-values in walls
- ceilings/roof
- foundation (slab/basement wall, crawlspace wall and/or floor and ducts outside conditioned spaces).
Click Here Examples & Compliance Checklist
Specific information can be found in chapter 11 of the 2019 Residential Code of Ohio (RCO) as well as the 2018 International Energy Conservation Code (IECC).
Contact Rob England, Miami County Chief Building Official with any additional questions at 937-440-8121.
Stand Down for Safety on April 16, 2020
With the efforts of the National Association of Home Builders and the Ohio Home Builders Association and all they’ve done to keep housing an “essential business” comes the responsibility to take safety seriously. So with that in mind, on Thursday, April 16, we are urging members, and all residential construction companies to halt work for at least 10 minutes for a COVID-19 Job Site Safety Stand Down to educate workers on what they should do to keep themselves safe from coronavirus and to help “flatten the curve” for everyone.
As part of the safety stand down, members are being asked to pause all work for at least 10 minutes to relay coronavirus safety precautions, such as maintaining a distance of no less than six feet with others at all times, cleaning and sanitizing frequently used tools, equipment, and frequently touched surfaces on a regular basis and ensuring the proper sanitation of common surfaces and equipment. The safety information can also be distributed digitally (through email and/or text).
NAHB and other construction industry partners have also developed a comprehensive Coronavirus Preparedness and Response Plan for Construction that outlines the steps every employer and employee should take to reduce the risk of exposure to and transmission of COVID-19. It describes how to prevent worker exposure to coronavirus, protective measures to be taken on the job site, personal protective equipment and work practice controls to be used, cleaning and disinfecting procedures and what to do if a worker becomes sick.
NAHB and industry partners also have created a quick-reference job site checklist for employers and employees and a job site safety poster — available in English and Spanish — that can be distributed throughout the workplace. Access those materials here.
If you have any questions or you cannot access the materials, call the HBA office at 937-339-796 or email Donna at the office at
Paycheck Protection Program
The Small Business Administration has released some basic guidelines for the Paycheck Protection Program for small businesses to help keep their employees employed. The PPP is being administered by the SBA and is a loan that you may not need to pay back if you use the proceeds to cover payroll costs, mortgage interest, rent and utility costs over the 8 weeks period after the loan is made. There are many requirements yet to be determined, so please read PPP Information and seek the advice of a professional. Talk to your local lender or visit www.sba.gov for a list of SBA lenders. The Paycheck Protection Program will be available through June 30, 2020.
If you want to apply for funding you can download an application here.
ENFORCEMENT COMING NOW!!
During today’s COVID-19 press conference, Governor DeWine and Lt. Gov. Husted made it very clear, ENFORCEMENT of Stay at Home Order is coming and should be expected. Below is a list of bullet points to prepare as best you can.
- READ the Order and use your best judgment under the plain reading of the Order. Ohio Stay At Home Order_3_22_2020, OHBA Stay At Home Recap
- DOCUMENT. Create a document or have documentation ready on how you deem your work as an essential business and be able to justify operations. See list of exempt trades attached.
- SAFETY PROTOCOLS. Have supplies, soap, masks, sanitizer, etc., to show compliance with Section 18 of Stay At Home Order. MUST have safety procedures in place to be able to stay open as an essential business. Job Safety Protocols.
- Be prepared to stay at home and be told to stop operations if you cannot comply.
DeWine emphasized determinations will be very fact based, must look at facts, not just specific categories. Read the order, assume business is closed, then look at exemptions and safety requirements required to be satisfied. The Dept. of Health is in charge of enforcement, not their job to interpret the Order
Directors Stay at Home Order
| Housing Construction and Essential Business Construction Considered Essential Infrastructure Yesterday afternoon, Governor Mike DeWine announced a “stay-at-home” order effective at 11:59pm on Monday, March 23 to last through April 6th.
Most important for HBA members, the residential construction industry (specifically essential business construction and housing construction) is listed as “essential infrastructure” and thus are allowed to continue work during the “stay-at-home” period. Click here to view the order in its entirety. Included as essential personnel by the order are: · Financial and insurance institutions. Bank, currency exchanges, consumer lenders, including but not limited, to payday lenders, pawnbrokers, consumer installment lenders and sales finance lenders, credit unions, appraisers, title companies, financial markets, trading and futures exchanges, affiliates of financial institutions, entities that issue bonds, related financial institutions, and institutions selling financial products. Also insurance companies, underwriters, agents, and brokers, and related insurance claims and agency services; · Hardware and supply stores. Hardware stores and businesses that sell electrical, plumbing, and heating material; · Critical trades. Building and Construction Tradesmen and Tradeswomen, and other trades including but not limited to plumbers, electricians, exterminators, cleaning and janitorial staff for commercial and governmental properties, security staff, operating engineers, HVAC, painting, moving and relocation services, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, Essential Activities, and Essential Businesses and Operations; · Supplies for Essential Businesses and Operations. Businesses that sell, manufacture, or supply other Essential Businesses and Operations with the support or materials necessary to operate, including computers, audio and video electronics, household appliances; IT and telecommunication equipment; hardware, paint, flat glass; electrical, plumbing and heating material; sanitary equipment; personal hygiene products; food, food additives, ingredients and components; medical and orthopedic equipment; optics and photography equipment; diagnostics, food and beverages, chemicals, soaps and detergent; and firearm and ammunition suppliers and retailers for purposes of safety and security; · Professional services. Professional services, such as legal services, accounting services, insurance services, real estate services (including appraisal and title services); The Western Ohio Home Builders Association will continue to update members as we learn new information, but we urge all members to stay safe and practice the COVID-19 Job Site Guidelines |
Miami County Building Regulation Announces COVID-19 Policy
DEPARTMENT OF DEVELOPMENT COVID-19 POLICY, EFFECTIVE: March 20 2020. The Miami County Department of Development has issued a new procedures with regard to handling permits during this time. Below is a link with all the information you may need. If you have any questions, we are here to help as best we can. Please feel free to call.
Mark your Calendar for the Inaugural Dinner Jan 10th 2020!
Mark your calendar to be at the Inaugural dinner in celebration of the 2020 board of directors for the Western Ohio HBA! Dine and network with us at Hobart’s Bravo Room, cocktails start at 6pm and a fabulous dinner at 7. Announcements, as well as updates on the NAHB and OHBA will be given at that time, and it’s great to catch up with the membership! BE THERE!
Get money back when you join Ohio’s Membership Rebate Program!
Get ALL of your membership fee plus much much more! Watch this video for a quick tutoral as to how it’s done! member-rebate-program-how-to Here’s a quick glance at your discount! DO NOT miss out!
www.OhioHBArebates.com
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