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Bryan Manufactured Homes Ban Passed, But Petition Count, Other Legal Moves May Stop Texas City

April 11th, 2019 Comments off

 

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WTAW, Bryan’s website, and locals on the ground tell the Daily Business News on MHProNews that “The Bryan city council voted 5-2 Tuesday night to eliminate future manufactured home placement on individual lots.

Joining Greg Owens, who made the motion, and Buppy Simank, who seconded the motion, were Reuben Marin, Brent Hairston, and Andrew Nelson.

Voting no were Prentiss Madison and Mike Southerland.”

But the battle isn’t over, say locals.  As KAGS TV said, a petition count could cause the city counsel vote to be invalidated.

 

The second local news video provides a different, and in some ways, a stronger take.

 

 

But beyond the petition count, there are several other possible legal issues that are pending.  Among them are constitutional ones.

A manufactured home retailer in Texas sent the following to MHProNews, about the subject of “unconstitutional takings.”

This will be one of several possible courses of action, per sources, to MHProNews. Let’s dive in.

 

TMHA Legal Review Unconstitutional Takings

DJ_Pendleton_Executive_Director_Texas_Manufactured_Housing_Association_TMHA_credit_MHProNewsThe basics are this, if a local government passes some ordinance or rule that either directly or indirectly deprives or divests a property owner from his or her property without compensation, then it is a government taking under the Fifth Amendment of the Constitution,” said the D.J. Pendleton for the Texas Manufactured Housing Association (TMHA), in an article linked here.

But that is rapidly followed by a not so fast. “Not only is it not legal advice, it isn’t good advice. Why? Because such thinking is based on a gross oversimplification, and while clearly hyperbolic, one can see that even a lesser fashioned reaction is one that won’t generate legitimate consideration from any city official or politician. Worse yet, such a response could solicit a reaction from potential adversaries that you don’t know what you are talking about.”

Why?  Says Pendleton, “…this area of the law has been in play at the Supreme Court level for over 100 years. What’s the punchline? The punchline is that despite all the time and all the cases and opinions rendered in this area, to this day no set formula or bright line standard exists as to what constitutes an improper taking, save a physical invasion or a denial of all economic or productive use of the land. And based on the history of the court, it doesn’t appear likely that a clear standard will ever exist.”

What Pendleton does is what attorneys are trained to do, learn to argue from both sides of a question. He says, “…know that this area of law requires argument and there is no clear path to victory. Now we [meaning manufactured home professionals] know this reality. And I would guess competent council for a local government knows it as well.”

Let’s rephrase Pendleton’s point. It isn’t that an unconstitutional taking is necessarily a bad argument. It is that a city attorney or outside counsel knows that this is a fight they too might win. Given no clear path for victory by a property owner or manufactured home professional, a city may be willing to gamble on that your attorney won’t want to risk the cost of the lawsuit.

Challenges under the takings provisions of the Fifth Amendment and the Equal Protection clause of the Fourteenth Amendment are extremely fact sensitive. So not only do you have to go through an actual incident, it must also be shown to the court that it is “ripe.” All “ripe” means is that a final determination has been made after exhausting all local appeals and other processes or that waiting for such a determination would be futile.”

For decades courts looked for bright line tests when deciding if some action was a compensable taking by a government actor. The Supreme Court has provided such a test in only two situations. The first is when there is a permanent physical occupation. The second is when there is a denial of all economically viable use,” said Pendleton.

Many of the cases I’m going to mention actually involved manufactured home communities. However, if the case and opinion refer to the community as a “mobile home park” I use that term below. This is not in an effort to be derogatory. Far from it. But I use it to provide consistency with the court opinions being referenced and in some cases to provide the appropriate time stamp in history when a specific case was heard. So please, don’t get offended by the term rather than using community.”

Let’s note that this review the Daily Business News on MHProNews is cutting out some of the analogies that Pendelton provided, and is cutting to the meatier parts of his commentary and legal analysis. Let’s note too that in referring to cases in the Ninth Circuit, while interesting, that is also perhaps the most liberal circuit court in the country.  As a non-attorney, we simply note that it is not unusual for those cases to get overturned if they hit the Supreme Court.

The Ninth Circuit actually took up two cases involving mobile home parks. In one case the court analyzed the owners’ claim as one of a taking by physical occupation when a city ordinance required the owner to offer tenant leases of unlimited duration. The court compared the case to the Supreme Court cable stringing case because the ordinance transferred the right to occupy in perpetuity to the tenants and the tenants could transfer the right without the landlord’s approval. The court said that the landowner loses forever the aspect of ownership that is the right to control wholly who will occupy his property and on what terms, while giving the tenants’ rights they can later sell when they leave the property.

In the other mobile home park case heard by the Ninth Circuit, the court held that rent control ordinances were not a physical taking.”

But… “The court reasoned this case was different from the Ninth Circuit ruling because the landowner could choose to no longer rent the land and change the use, therefore nothing permanent had been taken. The court said this was not a physical taking, but did say that while not a physical taking it could have been analyzed as a regulatory taking. However, since the alternate issue of a regulatory taking was not brought up prior the court did not provide an opinion as to a regulatory taking and only ruled that it was not a physical taking.”

Pendelton then says that “…many state constitutions have provisions against improper takings that can result in stricter interpretations by state courts. The Supreme Court of Washington invalidated a state law requiring a right of first refusal be granted to tenants of a manufactured home community because the court concluded the law was a compensatory taking based on the state’s constitution. Texas also has taking provisions in our state bill of rights in Article 1, Section 17.”

The TMHA state executive director sums it up like this: “Takeaway – When government action deprives an owner the power to exclude others from his/her own property, a taking may have occurred.”

A clearer path, per Pendleton is if there was a denial of all economically beneficial use.” The Supreme Court in 1992 held that denial of all economic use outweighed and therefore trumped the government’s goal to substantially advance a legitimate state interest.”

He then explained that “…The government denial must be for all economic use. Not merely some denial of economic use and not even for denial of the best economic use. To illustrate this rather steep threshold, the Third Circuit in 1987 held that a per se compensable taking had not occurred when a city rezoned a portion of a landowner’s property from industrial to agricultural because of community opposition to an industrial development project. The landowner alleged that the rezoning dropped the value in his property from $495,600 to only $52,000 (an 89.5 percent decrease in value), but the court held no taking had occurred under this theory because the land still had some value and was viable for “residual economically feasible use.” Essentially the property owner must prove loss of all reasonable use.”

The colorful Pendleton tried to liven up the dryness of the law by laying out the following.

Lower courts have held when governments downzone or revoke permits blocking continued development of previously approved projects that a taking has occurred when the effect is a reversal of prior approved reasonable economic use of the property. Texas actually has a specific state law related to prior approved projects and the grandfathering of that approval despite subsequent local changes so long as certain conditions are met.

For some manufactured home community owners the denial of prior approved projects may be the only viable option to meet the high burden under a denial of all economic use theory. In fact, in 1989 a Michigan appellate court held that a taking had occurred when a city rezoned to block the expansion of a mobile home park by changing zoning and imposing large two and a half acre minimum lot-size requirements that precluded development. The rezoning of the land for agriculture purposes was proven by the landowner that no viable agricultural uses were capable of surviving on the rezoned property.

Courts will look to the existing use of property to determine reasonable use and if government interference with the owner’s expectations has occurred.”

That point is logically pertinent in the Bryan, TX scenario, but keep in mind that this article was written in 2016, 3 years before the current case.

Also, worth noting is the Supreme Court has held that both personal property as well as real property are covered by the Takings Clause,” per the TMHA article.

The legal review then lays out a third path that he says is a more difficult legal test.

The Supreme Court established in 1978 and confirmed again in 2005 that a three part test in Penn Central Transportation Co. v. City of New York is to be used to decide if a regulatory (not a per se) taking has occurred:

The character of the government action in question;

The economic impact of the regulation on the landowner; and

The extent to which the regulation has interfered with distinct investment-back expectations...”

 

Pendleton’s Summing Up

To summarize, in order to challenge a government action it should be based on specific facts that as specifically applied have had a real, not theoretical, adverse impact. All efforts locally to resolve the conflict must be exhausted. Then if a property owner can prove the action fit within one of the two per se takings claims, either a physical occupation or denial of all reasonable use, the property owner can prevail. However, if there is only an impairment of use having some negative, but less than total, loss of value the owner must run through the three part test looking at the character of the action, severity of economic impact, and the investment expectations. Case history proves that prevailing on this three-part test for the property owner is far from easy.

I will also point out that a takings cause of action is not the only argument a property owner might have when faced with government interference with their property. Substantive due process; procedure due process; equal protection; 42 U.S.C. Section 1983 claims; first amendment like political speech, commercial speech, free speech (the one adult entertainment owners are particularly fond of using against regulations), free exercise of religion; the commerce clause; and state constitutions with their own due process and takings causes of action may be used to confront government action.”

Pendleton concludes by saying that it is doable, but not an easy win.

 

Other Options…

A number of other options exist, some of which are available as a download from the previous report, linked below.

The bottom line? MHProNews continues to hear from interested parties in Texas and beyond. Stay tuned, look below the byline, notices, and offers for more.

That’s this tonight’s edition of News through the lens of manufactured homes, and factory-built housing.” © where “We Provide, You Decide.” © ## (News, analysis, and commentary.)

 

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“Economic Racism.” Angry Residents, Students, Civic Leaders Fight Plan to Ban Affordable Manufactured Homes, Industry Professionals Sound Off

HBO’s John Oliver on Last Week Tonight Mobile Homes Video, Manufactured Home Communities Fact Check

 

HUD Study, Analysis of Zoning Discrimination Against Manufactured Housing Sought

 

 

 

 

 

How Many Manufactured Housing Units Will FEMA Use? Disastrous Opportunities, Knock

October 11th, 2017 1 comment
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Newer model FEMA MHUs were deployed in Louisiana, during their flooding. Credit: Yahoo.

Post-Hurricane Harvey, the Texas Manufactured Housing Association (TMHA) has provided the Daily Business News with an update on the recovery steps in their state.

In trying to anticipate next steps, we expect vendors will be selected by the GLO [General Land Office} and soon to follow local Council of Governments (COGs) for temporary housing,” TMHA’s statement said.

TexasManufacturedHousingAssociationTMHADailyBusinessNewsMHProNewsNo one at this point knows how many MHUs [Manufactured Housing Units] will be used in temporary housing efforts,” the Austin-based trade association said. “Both state and local agencies are waiting for FEMA to vet the disaster registrants to determine eligibility, need, and type of temporary housing.”

FEMA has had over 900,000 registrants with some level of disaster claim. Expectations are that the total number of registrants will surpass one-million people,” TMHA stated, noting that in “prior disaster events, TMHA has been told approximate six percent of FEMA claims result in eligible persons in need of some form of temporary (18-month) housing, of which MHUs are one option.”

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It will be months before the details all become clear.

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Featured image credit, Hurricane Harvey Relief.

In the coming weeks and months, we anticipate contractors and vendors selected by federal, state and local governments to start deploying and building MHUs,” TMHA’s release stated. “We also anticipate more calls for adequate placement locations, such as on vacancies in MH Communities.”

A COG in the Machinery of Government…

For our industry to participate and demonstrate the role we can play providing some of the permanent replacement housing, you must get involved with the local COGs. We must appeal at the local COG levels to be included, and not excluded, when the permanent rebuilding efforts begin in 2018,” they said.

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TMHA is already working to advance this effort at the state level, but we have been told time and again the ultimate decision on housing and rebuilding will be controlled at the local level,” per the TMHA. “We ask our members to get involved early, participate vigorously, educate people about our homes, and advocate for yourself and our industry.”

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Manufactured Housing Units, designed for FEMA, called MHUs, where deployed in 2016 in Louisiana in response to their floods.  The score card for the effort wasn’t high, see story linked from the photo above. Photo credit, WAFB.

Enormous Opportunities Require Effort

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Reports from Texas have been that D.J. Pendleton and the TMHA team have been working long hours in the run up and wake of Hurricane Harvey on behalf of their industry members. Photo credit, MHProNews.

The permanent rebuilding efforts will be enormous and last for years,” per the TMHA’s research.

This effort is one that the manufactured housing industry must be a major contributor to. In the years to come we will have an opportunity to show not only what we can do,” the association said, “but also amaze would be detractors just how far we have come. It is on all the industry to make sure we are given opportunities to compete on a level playing field so recovering homeowners are presented our homes as a permanent housing option.” ## (News, Analysis.)

Related stories: 

MH Lending, FEMA and False Profits (and False Prophets)

MH Lending, FEMA and False Profits (and False Prophets)

FEMA, Clayton Growing “Threat” to Independent “Non-Corporate” Companies – from Omaha

1000s of Homes Needed, Independent Clayton Retailer Expresses Concern, Frustration with FEMA Connected Delays

(Image credits are as shown above, and when provided by third parties, are shared under fair use guidelines.)

SoheylaKovachManufacturedHomeLivingNewsManufacturedHousingIndustryDailyBusinessNewsMHProNews-Submitted by Soheyla Kovach to the Daily Business News for MHProNews.com.

Housing “Overvalued,” Is a New Bubble Ahead?

August 2nd, 2017 Comments off
FrankMartellPresidentCEOCoreLogicDailyBusinessNewsManufacturedHousingIndustryMHProNewsHousingBubble

Frank Martell, President, CEO of CoreLogic. Images provided under fair use guidelines.

With no end to the escalation in sight, affordability is rapidly deteriorating nationally,” said Frank Martell, president and CEO of CoreLogic. “While low mortgage rates are keeping the market affordable from a monthly payment perspective, affordability will likely become a much bigger challenge in the years ahead until the industry resolves the housing supply challenge.”

According to CBNC, the housing market in four of the major U.S. cities has now reached a point where pricing is unsustainable.

The housing market in the cities of Denver, Houston, Miami, and Washington D.C. have reached a point where they are no longer just expensive, they are overvalued.

How is Overvalued Defined?

An overvalued market, per CoreLogic, is determined by comparing current home prices to long-term sustainable prices. When the present price is 10 percent higher than the long-running sustainable ones, the market is considered to be overvalued.

Part of the reason for overvalued homes is due to a lack of available, affordable homes. As Daily Business News readers know from a recent article on supply and demand, when the demand is high and the supply is low, the price is driven up.

SupplyDemandLinkedInDailyBusinessNewsMHProNews

Grapic credit, LinkedIn. To see a video and basic supply and demand overview, click the image above.

The solution, presented in another recent Daily Business News article, is to build more homes. However, with the price of building materials and labor increasing, this is unlikely to bring down the market price of a new site-built home by much.

housingsnewnormalcreditfranknothaftcreditcorelogic-postedtothedailybusinessnewsmhpronewsmhlivingnews

Frank Nothaft. chief economist at CoreLogic, credit, CoreLogic.

As of Q2 2017, the unsold inventory as a share of all households is 1.9 percent, which is the lowest Q2 reading in over 30 years,” said Frank Nothaft, chief economist at CoreLogic.

What most of the nation overlooks, is what savvy manufactured home professionals know.  The answer to the affordable housing crisis is hiding in plain sight.

So why don’t more manufactured homes sell? Why aren’t people utilizing this solution to the affordable housing crisis?

In our industry, the biggest problem we have is that when people think of a

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D.J. Pendleton. Credit, MHProNews.

mobile home, they think of their great-grandma’s trailer,” said DJ Pendleton, Executive Director of the Texas Manufactured Home Association.

Pendleton recently engaged the mainstream media regarding the placement of manufactured homes in a municipal area.  Demand has grown.

UrbanSuburbanPlacementManufacturedHomesAmarilloTxDJPendletonTMHAZillowDailyBusinessNewsMHProNews

JD Harper has also sounded off on related issues that are keeping more manufactured homes from being sold in urban and suburban areas.

Thank you for your direct question to HUD’s Pam Danner about the City of Kilgore’s plans to further limit the placement of manufactured homes in that city,” Harper told MHProNews publisher, L. A. ‘Tony’ Kovach,  “I’ve repeatedly questioned why HUD and the administrator’s Office of Manufactured Housing Programs hasn’t acknowledged that preemption was significantly enhanced by the Manufactured Housing Improvement Act of 2000 (MHIA of 2000).”

Harper also addressed a topic raised by an Illinois legislator, who spoke of “economic racism.”

EconomicRacismIlGenAssemblyRevDonTyeJr-JDHarperArkManufacturedHousingAssoc-IndustryVoicesMHProNews

MarkWeissMHARRPresidentManufacturedHousingIndustryDailyBusinessNewsMHProNewsFor reasons including those Harper cited, Mark Weiss, President and CEO of the Manufactured Housing Association for Regulatory Reform (MHARR) has been pushing for the prompt change of leadership at HUD’s manufactured housing program.

Meanwhile, as a recent Masthead column noted, the Manufactured Housing Institute (MHI) has entirely avoided the issue of Danner, HUD and a number of issues that are slowing the industry’s progress.

What ROC USA’s Paul Bradley has called the industry’s “lack of cohesion” is preventing more rapid growth.

Misconceptions…

Unfortunately, through years of misrepresentation, poorly interpreted data, and an all-too-common flow of negativity from the mainstream media – see this recent example – or a corresponding level of positive promotion has resulted in the current public image of manufactured housing.

You can get a lot more house for the same amount of money,” said Texas A&M University Real Estate Center research economist, Harold Hunt, Ph.D. And with a lot of them today, it’s hard to distinguish the inside from any other house. We’re talking about a lot more affordable housing.

From the Consumers Union, in a report from 2003, said, “Regarding differences in home price appreciation, manufactured homes sited on owned lots exhibit appreciation rates that are comparable to those of site-built homes.” 

HUDPD7RReportGraphicManufacturedHomeLivingNewsDailyBusinessNewsMHProNewsIn a HUD PD&R report, “Furthermore, several studies find no evidence of any impact of manufactured homes on the sale prices of adjacent properties (Apgar et al. 2002; Warner and Scheuer 1993; Stephenson and Shen 1997; Hegji and Mitchell 2000). Despite this evidence, community residents continue to harbor stereotypes against manufactured housing and will likely continue to appeal to local government officials to impose regulatory restrictions on such housing.”

To read the rest of that report and related, click here.

What those various industry professionals and reports reflect is this. What CoreLogic has identified, manufactured homes – along side other types of factory building – could be an important part of the solution.

As MHProNews recently reported, Amarillo has moved in the direction of manufactured housing to solve their housing crisis.  Will cities like Denver, Houston, Miami and Washington D.C. where the market prices are the highest, follow their lead? # # (News, Analysis.)

(Image credits are as shown above, and when provided by third parties, are shared under fair use guidelines.)

JuliaGranowiczManufacturedHomeLivingNewsMHProNews-comSubmitted by Julia Granowicz to Daily Business News on MHProNews.

 

 

 

 

 

TMHA’s Pendleton on Amarillo, Manufactured Home Placements in Urban and Suburban Areas

July 28th, 2017 Comments off

UrbanSuburbanPlacementManufacturedHomesAmarilloTxDJPendletonTMHAZillowDailyBusinessNewsMHProNewsThe City of Amarillo, Texas, has approved permits for the construction or renovation of 104 manufactured homes – which is more than double the number of last year.  It is also the highest total number of permits yet, per the Amarillo Globe News.

In our industry, the biggest problem we have is that when people think of a mobile home, they think of their great-grandma’s trailer,” Texas Manufactured Home Association Executive Director DJ Pendleton told the local newspaper. “People hear ‘mobile home’ and automatically go to the worst image in their brain. Really, it’s an incredibly regulated product that has to go through federal building codes as well as state and local regulations.”

You can get a lot more house for the same amount of money,” said Texas A&M University Real Estate Center research economist, Harold Hunt.

Hunt has previously shared articles with MHLivingNews.com.  He knows and sees the value – and need for – the use of more manufactured homes, today.

Hunt said, “And with a lot of them today, it’s hard to distinguish the inside from any other house. We’re talking about a lot more affordable housing, which is a big issue in the state right now.”

Credit_RealEstateCenterTexasAM-manufactured-home-not-your-grandfather-trailer-house-by-harold-hunt-phd-posted-on-mhpronews-com-575x558

Dr. Harold Hunt has studied manufactured homes in his state, and is clearly supportive of their value, and need. To see one of his reports, click the image collage above, which were provided by Hunt and the Real Estate Center.

Amarillo Compared to Other Cities

Potter-Randall Appraisal District encompasses 4,499 manufactured homes, well above similar districts surrounding Columbus, Ga. (1,424), Rochester, Minn. (1,777), Greeley, Colo. (2,238) and Lubbock (3,151),” per the Globe News.

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DJ Pendleton. Credit: MHProNews.

Sure, we need to continue efforts to grow our presence in the more densely populated urban centers where population growth and housing demand drive large market potential,” Pendleton told MHProNews, “But bread and butter rural modest and lower income small Texas cities and towns must stay open for business when it comes to manufactured housing.”

The Globe News explained how manufactured home owner, Tammy Deterts’ property, about an acre of land north of the Amarillo city limits, has served her, her son, daughter-in-law and grandson.

Deterts picked out nearly everything on the interior of her 16-by-80-foot home, including the flooring, drapes and carpet — all of which would have been unaffordable in a built-to-suit stationary house,” the Globe News reported

When we want to crank up our music, we can,” Deterts’ said. “(If) we want to have a big get-together with family, we’ve got the space to do that. In apartments, you don’t get that.”

Pendleton told MHProNews that overall, the Globe News report was fair and balanced, though it had a few imprecise points in terminology.

More open-minded cities, like Amarillo, prove the point that when given even a relatively fair playing field to compete, manufactured housing can thrive,” said the TMHA’s executive director.  “The issue is keeping and fighting to keep or even regain those level playing fields in similar cities, because it is hard to get out there and show really what all you can do and offer if you aren’t allowed off the bench.”

JDHarperExecutiveDirectorArkansasManufacturedHousingAssocPostedMHProNews

Harper’s Op-Ed on a related issue can be found at this link here, or by clicking the image above.

In an Op-Ed on a related issue, neighboring Arkansas Executive Director JD Harper  thanked Rev. Donald Tye Jr. and MHProNews for underscoring the need to push enhanced preemption with HUD.

Doing so, as Pendleton, Harper and other industry professionals know, would grow sales and ease the housing crunch in numerous markets.

This Globe News story,

are all among the examples that demonstrate why the misconceptions are just that – a lack of understanding of the facts about HUD Code manufactured homes today.

Will more cities take Amarillo’s lead and increase the availability of manufactured housing to solve the housing crisis? # # (News, analysis.)

(Image credits are as shown above, and when provided by third parties, are shared under fair use guidelines.)

JuliaGranowiczManufacturedHomeLivingNewsMHProNews-comSubmitted by Julia Granowicz to the Daily Business News for MHProNews.com.

 

 

 

Texas Strut$ Their Stuff – What Association Success Looks Like

June 29th, 2017 Comments off

TexansStrutTheirStuffTMHAManufacturedHousingIndustryDailyBusinessNewsMHProNewsThe Texas Manufactured Housing Association (TMHA) has wrapped up the heavy lifting from their legislative session. The TMHA’s DJ Pendleton tells MHProNews that they set out to achieve two major goals.

Their report to the Daily Business News having achieved both of their key efforts.

It’s the background and import of those bills that creates the drama.

MHProNews previously reported on the passage of their right to replace law, which protects community owners’ rights. See that report, linked here

That law is reportedly going into effect on September 1, 2017.

 Their second key legislative effort was “H.B. 2019 included other changes to better describe current industry and department practices, and updated the chapter in the Texas Finance Code that regulates manufactured home personal property lending in Texas to have the correct references to the federal laws and regulations post-Dodd/Frank.

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D.J. Pendleton. Credit, MHProNews.

Pendleton said that, “The comprehensive bill was also signed by Gov. Abbott and goes into effect on September 1, 2017.”

TMHA stated that There were 6,631 bills filed. Yes, we reviewed them all. We tracked 179 bills identified as potentially having some possible impact on the industry. Of all the bills filed this session only 1,211 passed (about 18 percent).” Among that 18% were the two key bills from Texas.  Pendleton added that, “this year marked the fewest bills passed in the last 20 years. What does that translate to? This was a massive bill killing session.” 

The passed bills make it easier for MH Industry Texans to do business.  That means these bills help professionals in that state make more money, honestly.

DJ Pendleton says they are now laying their foundational plans for their next – the 2019 – legislative session.

Not Apples and Oranges

Another state exec – equally successful for many years – told MHProNews that comparing state level success with national level efforts – meaning success by MHI, as they have failed to attain their goals for over 5 years – was not an apples to apples comparison.

Yet the perception that state associations are more productive than MHI lingers.

BobCrawfordDickMooreHousingFrankRofleRVHorizonsMobileHomeUniversityTunicaShowManufacturedHousingIndustryMHProNews

Retailer  Bob Crawford told attendees that he gives MHI a “5 out of 10,” while saying that state associations routinely do a good job at lobbying. Community pro Frank Rolfe said that MHI’s effort at Preserving Access to Manufactured Housing was doomed that cycle, and he was proved correct. More recently Rolfe has torched MHI for failure to communicate with media, and said that one of the biggest hurdles for industry advancement was….’the industry itself.” A euphemism for MHI?

To see an in-depth report on that topic, please click here, and how that impacts communities, retailers and all other segments of manufactured housing, click here. ##

RegulationNationManufacturedHousingYouDailyBusinessNewsMHProNews

An in depth look at the cost of regulations, how it harms smaller businesses more than larger ones, and how MH industry state and national associations compare. Some surprising facts and potentially profitable – or costly – discoveries await.

(Image credits are as shown, and when provided by third parties, are shown under fair use guidelines.)

SoheylaKovachManufacturedHomeLivingNewsManufacturedHousingIndustryDailyBusinessNewsMHProNews-Submitted by Soheyla Kovach to the Daily Business News on MHProNews.com.

“You Move, You Lose” MHC Issue Overcome

June 12th, 2017 Comments off
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Texas Gov. Greg Abbott signing a bill into law. Credit, La Prezna.

Governor Abbott has just signed SB 1248 into law. The bill, per the Texas Manufactured Housing Association (TMHA) is dubbed the “Right to Replace.” SB 1248 will go into effect September 1, 2017.

TMHA tells MHProNews that “SB 1248 is the bill that preserves a manufactured home community owners’ right to replace manufactured homes within their community and preserves the existing lot footprint for the home.  The impetuous for the legislation derived from some cities prohibiting replacement homes within manufactured home communities creating a, “you move, you lose” scenario.”

TMHA’s Executive Director DJ Pendleton stated that other cities had passed ordinances greatly expanding the lot size and set back requirements.  So when newer homes were moved in, the practical effect is the community dramatically shrank in size.  That in turn threatened its economic viability.

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D.J. Pendleton. Credit, MHProNews.

Pendleton said, “We would like to thank all of the TMHA members who made calls, sent emails and came to Austin during the session to ask members for their support of this legislation.”

The bill is proof once again that state associations, such as TMHA, are capable of organizing and passing legislation. ##

(Image credits are as shown, and when provided by third parties, are shown under fair use guidelines.)

SoheylaKovachManufacturedHomeLivingNewsManufacturedHousingIndustryDailyBusinessNewsMHProNews-Submitted by Soheyla Kovach to the Daily Business News on MHProNews.c

Austin City Councilman Proposes Mandated Amenities for MH Communities

October 19th, 2016 1 comment
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Cactus Rose MH Park. Credit: KUT.

Austin City Councilman Pio Renteria has proposed a new ordinance for manufactured home communities in Austin, after a visit to one last week.

citycouncilmemberwantsamenitiesformhcommunitiescreditaustincitycouncil-postedtomanufacturedhousingindustrydailybusinessnewsmhpronews

Pio Renteria. Credit: Austin City Council.

When I went down there I said, ‘my goodness, there’s no rec centers,‘” Renteria told KUT.There’s nothing there for the kids. They’re just running around, and when I inquired with one of my policy aides, she said, ‘yeah the laundry room is the recreational center.’

MH industry professionals see the effort as misguided.

citycouncilmemberwantsamenitiesformhcommunitiescreditaustincitycouncil-postedtomanufacturedhousingindustrydailybusinessnewsmhpronews

D.J. Pendleton.

This just seems like yet another city overreach with an idea that has not yet been thoroughly thought out as to its practical impact,” said DJ Pendleton, Executive Director of the Texas Manufactured Housing Association (TMHA).

And it is once again, the singling out of manufactured home communities compared to other housing options.

I don’t wholly disagree with the sentiment that it would be nice to have higher quality MHCs out there,” said MJ Vukovich, Vice President of Bellwether Enterprise, a Minneapolis based commercial and multifamily mortgage bank.

sunshinehomegoopiorenteriagoodintentionsgoneastraymhlivingnews

Get the rest of the story, photos and more details by clicking the image above. Photo credits are as shown. Text graphics and collage credit, MHLivingNews.com.

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MJ Vukovich. Credit: Bellwether Enterprise.

However, someone has to pay for it and considering that low income housing is in low enough supply as it is, city councils may want to be a little careful how much they burden those trying to bring the product to the market.

The full public-focused story, including links to the proposed ordinance and the full take from Pendleton, Vukovich and others is available at MHLivingNews at this link here. ##

(Image credits are as shown above.)

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RC Williams, for Daily Business News, MHProNews.

Submitted by RC Williams to the Daily Business News for MHProNews.

 

Sunday Morning Recap-Manufactured Housing Industry News July 17-July 24, 2016

July 24th, 2016 Comments off

MHProNews_3 July 17-July 24 2016 postedDailyBusinessNewsMHProNewsWhat’s New in public focused Manufactured HomeLivingNews.com

The Aha! Moment – Entertainer’s Delight LifeStyle Model Home Video Tour

Proud to be American, God Bless the USA, Lee Greenwood Music Video, Interview

What’s New in Manufactured Housing Industry Professional News

Trump’s acceptance speech unexpectedly draws favorable response on CNN. New Jersey modular builder draws charges of fraud. Hotel in UK will be modular. Texas city denies MHC development; DJ Pendleton objects. After spending billions, Dodd-Frank leaves muddy trail. 22 million tune in to Republican National Convention. Patrick Ind. creating 60 jobs. Housing starts rise in June, builder confidence slips. Hispanic leaders choose Trump over Clinton. Laramie, WY updating antiquated MH regulations. Sweden wants modular homes for immigrants. FEMA seeking MH sites for flood victims. And much, much more in news and views for manufactured home professionals to peruse.

Saturday, July 23, 2016

New Jersey Home Improvement Firm Accused of $1.1 Million Fraud in Modular Home Scam

Friday, July 22

CNN Instant Poll on Donald Trump GOP Nomination Acceptance Speech Fuels Twitter Commentary

MH Component Supplier Drew to Discuss Q2 Financials

UFPI Gains 5.59 Percent; Dow Returns to Positive Territory

Wyoming City Finally Settles on MH and RV Ordinances

UK Hotel will be Modularly Built

First Time Home Buyers Returned in June

Thursday, July 21

Texas Commissioners Deny MHC App, Prompting DJ Pendleton to Come out Swinging

Manufactured Home Community Changes Hands in Pennsylvania

Dow Jones Ends Run-up; UFPI Falls -2.31 Points

The Dodd-Frank Legacy: Billions Spent, More Designated, Questionable Gains

Petitioners in Ill. City Seek Special Use Permits for MH Sitings

UMH Properties, Inc. Stock being Pursued

Wednesday, July 20

22 Million Tune into GOP Convention; the Media Rundown

Patrick Industries Subsidiary Creating 60 Jobs in Mississippi

Dow Jones Continues Upward; Louisiana-Pacific Tops MH-related Stocks

Hedge Funds Upping Stake in Drew Industries, Inc.

Housing Starts, Single-family Home Construction Shows Promise in June

Builder Confidence Index Slips in July, but Still in Positive Territory

Tuesday, July 19

ELS Q2 2016 Indicates Revenue, Income and Community Growth

Large Religious Camp Seeking Manufactured Homes for Participants

MHCV Falls -5.78 Percent; Dow Jones Continues Flying Higher

Despite the Bashing, Hispanic Politicos Endorse Trump as Stronger than Clinton

Two Tornado-struck Families Receive Gifted Manufactured Homes

Laramie, WY Updating 50-year old Manufactured Home Regulations

Mon. July 18

Canadian City to Deal with MH Community Rezoning, Hold Housing Forum

Cavco Industries tops Today’s Gainers, as Dow Rises ever Higher

Sweden wants to Site Modular Homes on Tiny Island

FEMA Set to Site Manufactured Homes for Flooding Survivors

Seattle has Tiny Homes, but without Prices to Match

Sunday Morning Recap-Manufactured Housing Industry News July 10-July 17, 2016 ##

(Photo credit:MHProNews)

matthew-silver-daily-business-news-mhpronews-comArticle submitted by Matthew J Silver to Daily business News-MHProNews.

Texas Commissioners Deny MHC App, Prompting DJ Pendleton to Come out Swinging

July 22nd, 2016 Comments off

Del_Valle_Texas_site_of_proposed_MHC__austinmonitor_credit postedDailyBusinesNewsMHProNewsIn Del Valle, Texas, near Austin, despite a zoning recommendation from city staff in favor of a new manufactured home community as requested by the applicant, members of the Zoning and Platting Commission voted against the zoning change. Neighbors complained of crime– “We don’t want that increased vandalism, that increased crime out there,” said Patricia Burton, president of the homeowners association for the nearby Los Cielos subdivision–lower property values, increased traffic and overcrowded schools, according to austinmonitor.

The seven commissioners did not respond to the slam about crime in MHCs, focusing mostly on traffic and flooding, but in the end voted to deny the application and approve the ten acres for small, single-family lots, SF-4A.

Commissioner Betsy Greenberg, in an interview with the Austin Monitor the next day, said,The fact that people are poor doesn’t make them criminals.” She added her parents’ property value was not damaged by a nearby MHC, and criticized the other commissioners for their stand.

Commissioner Jolene Kiolbassa said it did not make sense to put an MHC between two developments of single-family homes

However, the 10.6 acre plot is part of a larger 60-acre parcel, the remaining 50 acres situated outside city limits in Travis County, MHProNews has learned. Commissioner Gabriel Rojas had spoken in favor of the MHC inside the city to show support for affordable housing. When it became apparent that would not obtain the necessary six votes, he made a motion for the SF-4A housing, knowing that applicant Najib Wehbe could site MH on the other acreage.

Wehbe’s agent, Alice Glasco, said he was prompted to develop an MHC because the Cactus Rose Mobile Home Park was closing for redevelopment, and residents were having difficulty finding communities that would accept their homes—but Wehbe would. Some involved in the relocation effort, however, say the Del Valle location does not have public transportation, creating a burden for the residents.

Kiolbassa said she’s not convinced MH represents an affordable housing option, to which Rojas responded in a later interview that the market has clearly created demand for manufactured homes.

DJ Pendleton, Executive Director of the Texas Manufactured Housing Association (TMHA), said it’s unfortunate that MH and the people who live in them are so unfairly characterized. As he told MHProNews, “the trouble is many of these same opposing views were fine with single family, or as one commissioner mentioned multifamily projects for the exact same 10 acres.”

Noting that any housing that is put up will have the same effect on schools, traffic and flooding, Pendleton added, “Like for so many diversified housing development decisions that fall short politically not from logic or sound argument, but rather those who would tell you they are for affordable housing options, just Not-In-My-Back-Yard (NIMBY-ism).”

For our Industry Voices blog post on this matter, please click here. ##

(Image credit: austinmonitor-site of proposed manufactured home community in Del Valle, TX)

matthew-silver-daily-business-news-mhpronews-comArticle submitted by Matthew J Silver to Daily Business News-MHProNews.

Who Speaks for You in MH? Manufactured Housing’s Industry Voices 

November 28th, 2014 Comments off

industry-voices-collage-l-to-r-toprow-bottom-row-djpendelton-jay-hamilton-amy-bliss-marty-lavin-doug-ryan-bob-vahsholts-steve-lefler-jess-maxcy-bill-matchneer--dick-ernst-manufactured-housing-mhpronews-com-Who speaks for you in manufactured housing (MH)? Associations? Individuals? Corporations?

There are many voices in MH, and with the Industry Voices (IV) guest blog, any MH Professional, enthusiast or aficionado can submit a letter to the editor or an OpEd guest column.

Industry Voices  is one of our most popular MHProNews blogs, and some of these letters and OpEds are read months – or even years – after they are first published.

You don’t have to agree with any MHProNews editorial position to submit an article.  In fact, a variety of opinions and perspectives are precisely what makes IV a hot read.

Here are some current IV post headlines and their author: 

County Violated the Law in restricting placement of older Manufactured Homes? – Jay Hamilton

Favorable Juncture of Circumstances – CMHI Viewpoint – Jess Maxcy

Who Represents Manufactured Housing? – Bob Vahsholtz

A home built in a factory can be a home just like a site built? – Steve Lelfer

DJ Quixote’s Adventures In La Manufactured Housing – DJ Pendleton

An analysis of The Atlantic’s report on Manufactured Housing, CFPB and MH Financing – Amy Bliss

MHI, MHARR, MHIndustry Associations and the Manufactured Housing Leadership Issue

CFED’s Doug Ryan Sounds off on Consumer Financial Protection Bureau (CFPB) Report on Manufactured Housing and MH FinancingDoug Ryan

Manufactured Housing Institute Responds to Doug Ryan-CFED commentary on CFPB report on Manufactured Housing Finance Jason Boehlert (now leaving the industry…see link here)

Preparing For CFPB’s New Appraisal And Valuation Rules – Dick Ernst

Where are we now? A Second Chance. – Marty Lavin

Kudos on Ron D’Ambra’s Thoughtful Article on HUD Code and Manufactured Housing Affordability – Bill Matchneer

To submit your own letter for consideration, please email this link and put Industry Voices in the subject line. ##

(MHProNews Photo Collage: Top left to right, top line towards bottom line = DJ Pendleton, Jay Hamilton, Amy Bliss, Marty Lavin, Steve Lefler, Doug Ryan, Bob Vahsholtz, Bill Matchneer, Jess Maxcy, Dick Enrst.)