Click here to send MH news, tips, links, documents, facts
or factory-built housing related news story suggestions.

Home > Affordable Housing, Analysis and Commentary, Announcements, Association, Business, Finance, Legal, Manufactured Homes, Manufactured Housing Industry, regulation, Zoning > Court Ruling for HUD on Amending Affirmatively Furthering Fair Housing (AFFH) Opens Door for More HomeSites for Manufactured Housing

Court Ruling for HUD on Amending Affirmatively Furthering Fair Housing (AFFH) Opens Door for More HomeSites for Manufactured Housing

August 23rd, 2018

CourtRulngHUDAmendingAffirmativelyFurtheringFairHousingOpenMoreHomesitesManufacturedHousingDailyBusinessNEwsManufacturedHomeProNews

During this affordable housing crisis, there are several arguments to be made for a broader use of manufactured housing.  But discriminatory local zoning is often a barrier.

 

A new ruling is being embraced by HUD and others as a welcome development that could lead to more manufactured home placements.

On Tuesday, HUD tells the Daily Business News that, “In the wake of a federal court decision upholding the U.S. Department of Housing and Urban Development’s approach to rulemaking, HUD Secretary Ben Carson today announced that HUD intends to move forward in amending its 2015 Affirmatively Furthering Fair Housing (AFFH) regulations.”

Dr_Ben_Carson__wikipedia

Dr. Ben Carson, HUD Secretary, official photo.

Addressing HUD employees, Secretary Ben Carson said, “I am tremendously gratified that the Court agreed with HUD on all its legal arguments. My approach to regulations is that they should work in practice and not just in theory.  Fairness is baked into our DNA.  Whether it’s making sure our regulations work in the real world, or challenging discrimination where we find it, HUD stands for fairness.”

HUD is asking for comments on rulemaking that will follow this court ruling.

MarkWeissJDPresidentCEOManufacturedHousingAssocRegulatoryReformDailyBusinessNewsMHProNewsMark Weiss, JD, President and CEO of the Manufactured Housing Association for Regulatory Reform (MHARR) said, “This is potentially an important rulemaking for HUD Code manufactured housing, as Secretary Carson has indicated that he wants to use an amended AFFH framework to combat exclusionary local zoning rules that keep affordable housing — including federally-regulated manufactured homes — out of many communities. We address this in the upcoming September 2018 issue of MHARR — Issues and Perspectives, and will take further specific actions to advance this issue.”

The full text of the HUD statement about the ruling and related to MHProNews, including the link to the request for comments to rulemaking is found below.

HUDNewsheaderManufacturedHousingIndsutryDailyBusinessNewsMHProNews

FOLLOWING COURT RULING, HUD MOVING FORWARD ON AMENDING AFFIRMATIVELY FURTHERING FAIR HOUSING REGULATIONS

WASHINGTON – In the wake of a federal court decision upholding the U.S. Department of Housing and Urban Development’s approach to rulemaking, HUD Secretary Ben Carson today announced that HUD intends to move forward in amending its 2015 Affirmatively Furthering Fair Housing (AFFH) regulations. 

Last week, Chief Judge Beryl A. Howell, of the U.S. District Court for the District of Columbia, dismissed a lawsuit against HUD related to the Department’s decision to suspend the use of a computer tool to be used by local governments in meeting their fair housing obligations to ‘affirmatively further fair housing.’  Rather than helping local governments, this tool proved confusing, difficult to use, and frequently produced unacceptable results.  Read the Court’s ruling. 

In a message to HUD employees, Secretary Carson said, “I am tremendously gratified that the Court agreed with HUD on all its legal arguments. My approach to regulations is that they should work in practice and not just in theory.  Fairness is baked into our DNA.  Whether it’s making sure our regulations work in the real world, or challenging discrimination where we find it, HUD stands for fairness.” 

On August 13, 2018,  HUD published a notice inviting the public’s comment on amendments to the Department’s AFFH regulations. HUD’s goal in pursuing new rulemaking is to offer more helpful guidance to states and local communities to effectively promote fair housing choice through the use of their federal funds.

Specifically, HUD is seeking public comment on changes that will: (1) minimize regulatory burden while more effectively aiding program participants to meet their statutory obligations, (2) create a process focused primarily on accomplishing positive results, rather than on analysis, (3) provide for greater local control and innovation, (4) seek to encourage actions that increase housing choice, including through greater housing supply, and (5) more efficiently utilize HUD resources. 

In addition, HUD plans a number of informal listening forums across the country to hear directly from interested stakeholders, including civil rights advocates, public housing authorities and state and local planners.  Read HUD’s Advance Notice of Proposed Rulemaking and provide comment.

###

(News, analysis and commentary.)

(Third party images, content are provided under fair use guidelines.)

1) To sign up in seconds for our MH Industry leading emailed news updates, click here.EmailedMHProNewsHeadlineNewsDailyBusinessNews
2) To provide a News Tips and/or Commentary, click the link to the left. Please note if comments are on-or-off the record, thank you.

3) Marketing, Web, Video, Consulting, Recruiting and Training Resources

SoheylaKovachDailyBusinessNewsMHProNewsMHLivingNewsSubmitted by Soheyla Kovach to the Daily Business News for MHProNews.com. Soheyla is a managing member of LifeStyle Factory Homes, LLC, the parent company to MHProNews, and MHLivingNews.com.

 

Related Reports:

Carson’s Recent Address on HUD, Affordable Housing, and the Manufactured Housing Vantagepoint

“RESTORING THE RULE OF LAW TO MANUFACTURED HOUSING REGULATION” – MH Leader Call to Action

 

“A New Era of Cooperation and Coordination,” is Promised by HUD Secretary Carson, Saying “I Hear You”

Two Great Laws Already on the Books NOW,  Can Unlock Billion$ Annually for Manufactured Housing Industry Businesse$, Investor$


Matthew Silver - Reporter at Large
Soheyla Kovach - Support Services
L.A. 'Tony' Kovach - Publisher, Editor and Marketing Director. To submit a news tip, please click here: iReportMHNewsTips@MHMSM.com
Comments are closed.