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Is Manufactured Housing Industry Backstab Coming Into Clearer Focus?

February 21st, 2019 Comments off

 

ManufacturedHousingIndustryBackstabComingIntoClearerFocusManufacturedHousingInstituteDailyBusinessNewsMHProNews

There are several new and recent items that are purportedly making it ever more clear what is occurring that are artificially stymieing manufactured housing industry growth.

 

There is a new report from the Washington, D.C. based independent producers association – linked below – that raises several disturbing concerns.  They should each raise the question, where is the Manufactured Housing Institute on these issues?

 

 

The topics that the Manufactured Housing Association for Regulatory Reform covered are serious ones, and are outlined in their bullets, below.

  • HUD WHITEWASHES ALLEGED DOE ENERGY RULE COSTS
  • PROCEDURAL CHANGES SHOULD APPLY TO ANY DOE MH RULE
  • REVISED DTS PLANS RELEASED – CHATTEL STILL IN LIMBO
  • 2018 PRODUCTION UP – BUT SHORT OF 100,000 HOME BENCHMARK
  • UNFINISHED BUSINESS – HUD MONITORING CONTRACT REFORM
  • CONGRESS TAKES UP GSE REFORM
  • HUD ANNOUNCES MHCC/SUBCOMMITTEE MEETINGS

 

Sources from outside of the MHARR office – with connections to MHI – are telling MHProNews that the reasons to sound the alarm are increasingly self-evident.  Rather than deny or clarify issues, MHI’s hired outside counsel to do sabre rattling instead.  Wouldn’t it be easier and less costly for MHI if they simply disproved – if they could – concerns like those raised above or below?

 

2019-02-21_1900EnhancedPreemptionManufacturedHousingInstituteWebsiteDailyBusinessNewsMHProNews

On January 9th, 2019, MHProNews revealed that on the MHI website, several key topics – important for the industry’s growth potential – are no where to be found.

 

Surprising Discovery on Manufactured Housing’s Enhanced Preemption, Hidden Gem$

 

MHI’s outside counsel specifically stated – and several sources in MHI – routinely monitor what is published here.  So, they knew this was a concern.  What have they done since the screen capture is done about 6 weeks ago?

Nada.  See the screen capture from this evening, which is time-date-stamped in the file name.

There seems to be several developing patterns.  Consider these to-date uncontroverted facts:

  • The Duty to Serve mandated in 2008 by the Housing and Economic Recovery Act (HERA) that the Government Sponsored Enterprises (GSEs) of Fannie Mae and Freddie Mac support underserved markets, that included rural and manufactured housing.
  • MHI – purportedly at the bidding of Clayton Homes, per MHI sources – focused their push on DTS toward the so-called new class of homes, instead of on all manufactured homes. Why?
  • Even if that works for Clayton, how does that help the millions of current or potential ‘standard’ manufactured home owners that might have benefited from lower cost chattel loans?
  • Now, in hindsight, the MHI’s odd stance on the energy standards for DOE would have significantly raised the costs of new manufactured homes. MHARR was essentially battling MHI, as much as they were the Obama era DOE and their allies.  MHARR worked to align third party research that proved just how flawed the MHI plan was, and only then, did MHI do an about face – during the Trump Administration.
  • At each stage, MHI’s actions – or failures to act – reveal an arguably stated or unstated tendency toward increased consolidation through artificially enhanced barriers or entry, maintenance, or exit.

See the related reports below.  There could be a special report soon on a related issue, that once more shows MHI’s failure to act in their self-proclaimed role of representing all segments of the factory built housing industry.

 

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Ask yourself. Do these Marty Lavin dictums apply in this case?

 

Marty Lavin, Frank Rolfe, Kenny Lipschutz, and others within or tied to MHI have been proven right. The motivations for state associations to break from MHI are becoming more clear.

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It’s game on.

One side, there are those that posture or claim to be working on behalf of the industry, but the are either fumbling or failing repeatedly.  Why?

Then on the other side, are others who want to see the industry grow, but are running into headwinds that the post-production side of the industry is supposed to be fighting.

MarkWeissDTSQuoteManufacturedHousingAssocRegulatoryReformMHARRDailyBusinessNewsMHproNewsMHARRMarkWeissIfCongressHadMeanttheDutytoServeToBeOptionItWouldNotHaveCalledItADutyDefintionofDutyIsMandatoryResponsibilityDailyBusinessNewsMHProNews

 

Back stabbing by MHI, anyone? Or is it a front stab? The featured photo lets you imagine it either way.

Meanwhile, pro-MHI sycophants are silent. Or amen-corner writers churn out their mealy-mouthed nonsense.  Is it the Omaha-Knoxville-Arlington axis coming more visibly into focus?

It will be fascinating to see what Warren Buffett has to say. We’ll know soon enough.

 

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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:

You can click on the image/text boxes to learn more about that topic.

Lanham Act, Monopolistic Housing Institute, err, Manufactured Housing Institute, Legal Bullies, and You

Manufactured Housing Institute February 2019 Monthly Economic Report, with 2018 Revelations

 

Do Looming Shareholders Suits Against Cavco Industries Foreshadow Problems for More Manufactured Home Industry Publicly Traded Firms?

Clayton Retail GM Earns Big Bucks, Insider Insights for Manufactured Housing

Warren Buffett “Oracle of Omaha” HBO Documentary Berkshire Hathaway #Advexon Video

21st Mortgage Suit’s CFPB Denial, Exclusive Document on Berkshire Hathaway Manufactured Housing Brands Investigation

MHARR vs. MHI on DOE Energy Rule, Pushback Pay$ Off?

Manufactured Housing Institute (MHI) Shifts on DOE Regulatory Rule, Report, Analysis

“Waste, Fraud, and Abuse” – FHFA, GSE Federal Oversight Announcement

“What Are We, Chopped Liver?” MHI Member December 2018 Reactions

 

 

 

 

 

 

U.S. Department of Energy Proposed Rulemaking Could Impact Manufactured Housing

February 13th, 2019 Comments off

USDeptOfEnergyProposedRuleMakingCouldImpactManufacturedHousing

The Department of Energy was established during the administration of President Jimmy Carter.

 

The creation of the DOE was a throwback to the drama of lines at U.S. gas stations arguably sparked by policies from the Organization of the Petroleum Exporting Countries or OPEC.

 

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Decades of American involvement in Middle Eastern affairs was just part of the ebb and flow of oil, energy, terror, or geopolitical issues.

 

OPECOrganizationofPetrolroleumExportingCountriesWikiDailyBusinessNewsMHProNews

 

Fast-forward to the 2019.  A generation has grown up that has no experience much less memory of those episodes from the 1970s.  The U.S. says it is now the top oil and gas producer in the world. Texas, per reports, is now producing more oil and gas than at any other time in its history.

And from the great state of Texas comes former Governor Rick Perry, who is now the Secretary of the Department of Energy.

With that brief backdrop, is this press release to the Daily Business News on MHProNews from the Manufactured Housing Association for Regulatory Reform or MHARR.

 MHARRNEWSheaderDailyBusinessNewsMHProNews

 

FEBRUARY 13, 2019

 

TO:                  MHARR MANUFACTURERS

                        MHARR STATE AFFILIATES

                        MHARR TECHNICAL REVIEW GROUP (TRG)

 

FROM:             MHARR

 

RE:                  NEW PROPOSED ENERGY STANDARDS RULE SHOULD 

                        APPLY TO MANUFACTURED HOUSING ENERGY RULEMAKING

 

The U.S. Department of Energy (DOE) has published a new proposed rule in the February 13, 2019 Federal Register (copy attached) that would significantly modify its procedures for developing new or revised energy conservation standards and related test procedures for consumer products, “appliances,” and certain commercial and industrial equipment.

While the proposed rule, as published, does not specifically reference standards development and/or test procedures under section 413 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17071) directly pertaining to manufactured homes, the proposed rule does, by its terms, apply to DOE’s Appliance Standards Program — the same program under which the original proposed DOE manufactured housing energy standards rule (published June 17, 2016) was developed and subsequently modified by DOE pursuant to a Notice of Data Availability (NODA) published in the Federal Register on August 3, 2018. Industry members will recall that the manufactured housing energy rule had not substantially progressed at DOE until a segment of the industry, together with energy special interests (and DOE) in 2014, sought and engineered an illegitimate, truncated, dysfunctional “negotiated rulemaking” under DOE’s “appliance” rulemaking process, as a fig-leaf designed to achieve a pre-ordained result.

Given that the proposed (and still pending) DOE manufactured housing standards were developed under DOE Appliance Standards Program procedures that are addressed by the changes proposed in the February 13, 2019 DOE Notice, MHARR will file comments with DOE seeking to have the procedural modifications noted in the proposed rule applied to the manufactured housing proceeding, which would constitute yet another basis (among many others previously detailed by MHARR) for the withdrawal of any and all previously-proposed versions of the DOE manufactured housing standards – developed under or derived from — the inherently tainted DOE “negotiated rulemaking” process, and the ultimate development of a new rule based on a legitimate and lawful standards-development process consistent with the regulatory policies of the Trump Administration.

Among other things, the February 13, 2019 proposed rule would: (1) expand various procedural protections to test procedure rulemakings for regulated products; (2) define “a significant energy savings threshold that must be met before DOE will update an energy conservation standard;” and (3) “clarify DOE’s commitment to publish a test procedure six months before a related standards [Notice of Proposed Rulemaking].”  This is particularly significant in relation to DOE’s proposed manufactured housing energy standards, insofar as proposed test procedures were not published by DOE until after publication of the June 17, 2016 proposed rule, as was pointed out by MHARR at the time.

Written comments on the proposed rule are due by April 15, 2019.  MHARR will submit comprehensive comments (and participate in related meetings) in advance of the April 15, 2019 deadline and will make its comments available for reference by industry members.

As always, MHARR shall keep you apprised of any new developments in this matter.

 

cc:  Other Interested HUD Code Industry Members

 

— end of MHARR release —

 

See the related reports, below the byline, business development opportunities, and notices.  “We Provide, You Decide.” © ## (News, analysis, and commentary.)

 

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To report a news tip, click the image above or send an email to iReportMHNewsTips@mhmsm.com – To help us spot your message in our volume of email, please put the words NEWS TIP in the subject line.

NOTICE: You can get our ‘read-hot’ industry-leading emailed headline news updates, at this link here. You can join the scores who follow us on Twitter at this link. Connect on LinkedIn here.

NOTICE 2: Readers have periodically reported that they are getting a better experience when reading MHProNews on the Microsoft Edge, or Apple Safari browser than with Google’s Chrome browser. Chrome reportedly manipulates the content of a page more than the other two.

(Related Reports are further below. Third-party images and content are provided under fair use guidelines.)

1) To sign up in seconds for our MH Industry leading emailed news updates, click here.

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To see a sample of our emailed news update, click here. To sign up for the factory-built home industry’s #1 headline news, click here or the graphic above.

2) To pro-vide 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 Re-sources

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:

You can click on the image/text boxes to learn more about that topic.

 

 

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Will Costs Rise $6,000 per Home? DOE Energy Rule on Manufactured Housing Revived, MHARR Rattles Legal Saber

 

MHARR vs. MHI on DOE Energy Rule, Pushback Pay$ Off?

 

Manufactured Housing Institute (MHI) Shifts on DOE Regulatory Rule, Report, Analysis

 

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HUD Comment Letter – FR-6075-N-01 Regulatory Review of Manufactured Housing Rules

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MHARR to DOE: Only Three Choices for MH Energy Rule – Abandon, Complete Start-Over, Or Face Legal Action

Electrifying Price Hikes Threatened; Manufactured Housing DOE Energy Rule Controversies Heat Up

http://www.mhpronews.com/blogs/daily-business-news/doe-rfi-closed-but-issue-impact-still-looms-over-manufactured-housing-homebuyers/

 

 

After Persistent MHARR Push-Back, DOE Proposed Manufactured Housing Energy Rule Deemed “Inactive”

 

Revival Of DOE Energy Rule May Require Legal Action