NAA’s Legal Assistance Program helps protect the multifamily housing industry by addressing critical industry issues in courtrooms across the nation.
NAA affiliates and member companies can make use of our Amicus (friend-of-the-court) Brief Program where NAA’s expert attorneys submit legal briefs that supplement and strengthen the arguments your legal counsel makes to the court. By ensuring the industry’s collective voice is heard, amicus briefs positively influence federal and state appellate court opinions on issues important to the apartment industry. Recently, NAA has filed amicus briefs on a number of legal issues that confront our members daily including land use, fair housing, sub-metering, rent control and illegal immigration amongst others.
Because negative legal precedent can spread from court to court, across state lines, and around the nation, amicus briefs are valuable both in individual cases as well as to the entire industry. Therefore, NAA strongly encourages member companies and state and local affiliates to request appellate assistance. Amicus assistance may be requested for ongoing cases by using our legal action process.
In certain instances of ongoing, influential litigation, in consultation with the member NAA may alternatively seek to intervene as a party to the case.
Once the NAA Legal Assistance Committee has received a request for amicus assistance, it will review the following factors to determine whether to approve the application:
- Is the legal matter significant to the industry or limited only to the parties involved?
- Would a favorable judgment in the case enhance the stature of NAA and its member?
- What is the likelihood of success and what would be the impact to the multifamily housing industry if the case is not successful?
- Is the legal position consistent with NAA’s established policies?
- If additional parties, including but not limited to NAA state and local affiliates, individual firms, or supplier companies wish to contribute to the legal action.
- The full process for filing an amicus brief can take a significant amount of time. Because filing deadlines are governed by strict local rules of court, it is critical that NAA receive the request for amicus assistance at the earliest possible opportunity.
For information on NAA’s legal program please contact Ayiesha Beverly, General Counsel.