NMHC joined 16 other housing groups, infrastructure and agricultural organizations, among others, in filing suit yesterday to challenge the recently released Waters of the U.S. (WOTUS) rule.
As noted in a statement published earlier this month, the apartment industry strongly supports protecting our water resources, but we cannot support the changes issued by the EPA and Army Corps of Engineers. The Rule fails to provide much-needed clarity for apartment firms and greatly expands the universe of properties, including many with only a tenuous relationship to a body of water, required to seek very expensive federal permits to develop or redevelop housing.
This federal overreach will create permitting delays, add development costs and create additional legal risks that will exacerbate the nation’s housing affordability crisis. Simply determining whether a property needs a federal permit is an expensive endeavor. If the U.S. hopes to address our housing affordability crisis, we need smart regulations, not those that are onerous or even unnecessary. Research by NMHC and the National Association of Home Builders finds that regulations account for 40% of multifamily development costs.
This new rule is impermissibly vague and creates uncertainty for America’s housing providers. Since these regulations exceed the scope of the Clean Water Act, NMHC strongly believes this lawsuit is necessary to direct the agencies to develop reasonable rules that protect natural resources while supporting the housing needs of millions of individuals and families throughout the country.
Based in Washington, D.C., the National Multifamily Housing Council (NMHC) is the leadership of the apartment industry. We bring together the prominent owners, managers and developers who help create thriving communities by providing apartment homes for 38.9 million Americans, contributing $3.4 trillion annually to the economy. NMHC provides a forum for insight, advocacy and action that enables both members and the communities they help build to thrive. For more information, contact NMHC at 202/974-2300, e-mail the Council at info@nmhc.org, or visit NMHC's website at www.nmhc.org.
