The National Association of Home Builders (NAHB), in collaboration with the New York State Builders Association (NYSBA), has joined a coalition to challenge a New York law that imposes a ban on the use of fossil fuels in new buildings of seven stories or less by December 21, 2025, with the exception of large commercial and industrial buildings. This ban will encompass all other new buildings by December 31, 2028.

 

While there are some exemptions (emergency backup and standby power, manufacturers, commercial food establishments, laboratories, and essential infrastructure), the lawsuit, Mulhern Gas Co. v. Rodriguez, argues that New York's gas ban infringes upon the Energy Policy and Conservation Act (EPCA). The EPCA restricts states and localities from regulating the energy use of specific appliances, including those affected by the New York gas ban.

The NAHB's stance opposes electrification only mandates, like New York's gas ban. The association is concerned that such bans may worsen the housing affordability crisis by raising costs for new homes, limiting consumer choice, and adding stress to the already strained U.S. electric grid.

https://www.nahb.org/blog/2023/10/nahb-lawsuit