Archive

Posts Tagged ‘ordinance’

Town Takes Up Manufactured Home Ordinance

May 8th, 2017 Comments off
TownTakesUpManufacturedHomeOrdinancecreditRealtor-postedtothedailybusinessnewsmhpronewsmhlivingnews

A manufactured home in Kilgore, Texas. Credit: Realtor.

In Kilgore, Texas, an ordinance that has stopped the inclusion of new manufactured homes outside of specific communities is now under scrutiny.

According to the Longview News-Journal, the ordinance was front and center for officials during a council workshop last week.

In 2008, the city council approved an ordinance that restricted new manufactured homes from being placed outside of select communities. But according to City Manager Josh Selleck, manufactured homes have been allowed outside such communities during the past nine years anyway.

Unfortunately, we’re bound by state law to enforce our code as written,” said Selleck.

And city staff no longer will allow exceptions to the code.”

Selleck suggested that the council hold a joint meeting with the planning and zoning commissions to discuss clearing up zoning ordinance issues. A date for that meeting was not set.

TownTakesUpManufacturedHomeOrdinancecreditGoogle-postedtothedailybusinessnewsmhpronewsmhlivingnews

Credit: Google.

Aside from mobile home parks [sic] that are licensed with the city, there are at least three other locations that appear to be mobile home parks [sic] but aren’t licensed,” said Selleck.

The question is whether they can expand or replace, and that’s part of what I think what we’re going to have to go through is how are they able to replace a mobile home [sic] if one burns, and what are the rules for the permit process.”

Based on discussions at the workshop, Selleck believes that the City Council could be in a position to formally pass any proposed changes as early as their June 27th meeting.

 

A Trend?

The case in Kilgore potentially provides hope for manufactured housing, and could signal a stop to a recent trend of limiting manufactured homes to select communities.

In December, the Linton, Indiana City Council voted to move forward with a manufacturing housing ordinance, which will require all future manufactured homes to be in a manufactured home community. The Daily Business News covered this in a story, linked here.

MobileTrailerHouseStillCreditCBSNews-SunshineHomeModernManufacturedHomeManufacturedHomeLivingNews-InsideMHVideo-575x278

Too many cities and towns have an outdated view of manufactured homes, or are being pushed by residents who don’t understand the modern MH reality into taking actions like those noted in this town in IN. When more of the public understands what inspector Becki Jackson does about modern manufactured homes, the incidents of such cases will continue. To see the Becki Jackson video and interview, click here or above.

The controversial motion passed with a 3-2 vote.

Shortly after, Indiana Manufactured Housing Association (IMHA) President Ron Breymier responded.

ron_breymierexecutivedirectorindianamanufacturedhousingassociation-creditlegisgroup-posteddailybusinessnews-mhpronews

Photo credit: TheLegisGroup.com

IMHA sent a letter to Mayor Wilkes and members of the Linton City Council advising them that their proposed ordinance would not be permissible under Indiana law.

Breymier shared Indiana Code IC 16-41-27-32 (b) which states the following:

A governmental body other than the state department of health may not regulate mobile homes or manufactured homes regarding habitability or minimum housing conditions unless the regulation is applicable in the same manner to other forms of residential housing in the jurisdiction.

Rather than an outright ban on the future placement of manufactured homes in Linton, which would be counter to Indiana law,” said Breymier, “IMHA recommended the city enforce the existing state law and make certain any additional manufactured homes seeking placement in Linton meet the same regulations that apply to other forms of residential housing.

Obviously, Mayor Wilkes and the Linton City Council chose to ignore that advice and adopted the new ordinance. IMHA will discuss the matter with its board of directors and determine if there is anything further we can do to address this situation.”

The Daily Business News has covered a number of NIMBY (Not-In-My-Back-Yard) cases recently, including one in Hutchinson, Kansas here.

It should also be noted that a close reading of the Manufactured Housing Improvement Act of 2000 provides for enhanced preemption, which ought to limit such local zoning efforts.

MHARR and state associations are often raising this issue, with one example in a case linked here. ##

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

 

rcwilliams-writer75x75manufacturedhousingindustrymhpronews

RC Williams, MHProNews.

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

NIMBY in Action – Commission Delays Zoning Ordinance

April 12th, 2017 Comments off
nimbycomicpostedmanufacturedhousingindustrydailybusinessnews-mhpronews

Nimby comic credit as shown, used here under fair use guidelines.

The Mt. Vernon, Illinois Zoning and Planning Commission has once again tabled conversation on a proposed zoning change that would clear the way for a manufactured home community.

According to the Register News, the decision came after a two-and-a-half hour hearing, which featured a number of residents speaking out against the proposed location.

I’m talking about green-space, people,” said Dianne Klein.

You guys are the zoning board. We are not going to get any more green-space back if you let this development go through. … We don’t want residential. We don’t care if they’re million dollar houses. We want green-space out there.”

The City Council also recently tabled discussions on the proposed community, to work on further establishing guidelines around what would happen to an adjacent park.

Developers Rob Berneking and Andrew Edwards are currently in discussions to purchase the property for the community, and they provided a detailed presentation on the project during the commission meeting.

We are ready, willing and able to develop this project. … The extensive history of managing manufactured home communities gives our group unrivaled experience in quality control, HUD installation, property maintenance, and customer satisfaction.”

postedtothedailybusinessnwsmhpronewsmhlivingnews

Credit: Google.

At least one member of the audience disagreed.

I object to the stats that have been cited here that indicate manufactured homes perform as well as regular homes during storms,” said audience member Mindy Goss.

As Daily Business News readers are already aware, officials, news agencies and the general public continue to specifically point out manufactured homes and communities – often identified incorrectly as “mobile homes” and “mobile home parks” – vs. site-built homes in damage reports.

On average, about 1 in 5 structures identified as “mobile homes” by the media are in fact pre-HUD code mobile homes.  They are routinely the ones that suffer the most damage, because HUD Code manufactured homes are more durable by design.

Zoning board members referenced a petition signed by 438 people objecting to the proposed location of the manufactured home community during the meeting, and the zoning board approved a motion to table the matter until the revised city ordinance regulating manufactured home communities is adopted.

ProposaltoKeepManufacturedHousingOutSentBacktoPlanningCommissioncreditAikenStandard2-postedtothedailybusinessnewsmhpronewsmhlivingnews

Danny Feagin. Credit: Aiken Standard.

The Daily Business News has covered a number of potential NIMBY (Not-In-My-Back-Yard) stories recently, where current residents appear to be working to keep manufactured homes or communities out. Most notable is the case in Aiken, South Carolinawhere Councilman Danny Feagin was quoted as saying “As long as it keeps the mobile home parks [sic] out, I think the folks would be satisfied,” in relation to a proposed rezoning ordinance.

Considering everything presented, we feel that our project is clearly the highest and best use for the subject property,” said Berneking.##

 

(Image credits are as shown above.)

 

rcwilliams-writer75x75manufacturedhousingindustrymhpronews

RC Williams, for Daily Business News, MHProNews.

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

City Adopts Manufactured Housing Ordinance, Terminology Matters

April 10th, 2017 Comments off
CityAdoptsManufacturedHousingOrdinanceTerminologyMatterscreditWisconsinDepartmentofProfessionalServices-postedtothedailybusinessnewsmhpronewsmhlivingnews

Credit: Wisconsin Department of Safety Professional Services.

In Groesbeck, Texas the city council passed an ordinance that makes a distinction between manufactured and mobile homes.

According to the Groesbeck Journal, the passing of the ordinance reflects the members’ consensus from a workshop on the subject that they held in early March.

As informed veteran manufactured housing professionals and enthusiasts know, HUD Code manufactured homes that are properly installed and maintained have a similar life expectancy as conventional housing. Any housing that is not, for whatever reason, properly maintained tends to fall into disrepair and can deteriorate more rapidly, and thus, shorten its useful life expectancy.

CityAdoptsManufacturedHousingOrdinanceTerminologyMatterscreditBestPlacestoLive-postedtothedailybusinessnewsmhpronewsmhlivingnews

Credit: Best Places to Live.

By contrast, pre-HUD Code mobile homes were not routinely built to those same standards. Even so, millions of mobile homes have gone years beyond their projected useful life expectancy.

The council said that the distinction between the two are important, because the term “mobile home” is often used in common parlance to refer to manufactured homes built before and after the defining 1976 date.

The city’s ongoing efforts to regulate manufactured housing have caused some people to believe the city is prohibiting all manufactured housing, regardless of age.

 

Terminology Matters 

In a recent story from the Daily Business News about mobile and manufactured home myths and facts, we shined a bright light on the differences between mobile and manufactured homes, and why terminology matters.

MobileManufacturedHomeFireMythsgoUpinSmokeFireChiefMarkKellerCreditUrbanaFireDivision-postedtothedailybusinessnewsmhpronewsmhlivingnews

Chief Mark Keller. Official Photo.

This fire involved a true mobile home and was not a manufactured home. I do not have the age of the mobile home available right now,” Urbana Fire Chief Mark Keller told MHProNews.

Mobile homes are inherently bad with fire conditions. They’re not really designed to withhold any kind of fire.”

As an Industry, we are always saddened to hear of such tragedies such as the fire that occurred in Champaign County,” said Andrea Reichman, Assistant Director of the Ohio Manufactured Homes Association (OMHA).

MobileManufacturedHomeFireMythsgoUpinSmokecreditLinkedInAndreaReichman-postedtothedailybusinessnewsmhpronewsmhlivingnews

Andrea Reichman. Credit: LinkedIn.

As noted by the local Fire Chief Mark Keller, the home involved was a ‘mobile home,’ which indicates the home was built prior to the 1976 HUD Code Federal Manufactured Home Construction and Safety Standards,” Reichman said.

Often times such incidents are reported inaccurately, and facilitate the image that manufactured homes are not safe when nothing could be further from the truth.  Manufactured homes are no more prone to fire than homes built on-site. The 1986 national fire safety study by the Foremost Insurance Company showed that site-built homes are more than twice as likely to experience a fire than manufactured homes,” said Reichman.

The issue in Ohio points to a larger trend that’s happening nationally, and one industry organization cites frustration with “sloppy journalism.”

m_mark_weiss_mharr_pesident__mhpronews__credit

M. Mark Weiss. Credit: MHProNews.

While any harm to people or property is regrettable, there is no excuse for sloppy journalism that can harm the industry and consumers. The fact is that today’s federally regulated manufactured homes are as safe or safer than other types of homes when it comes to fire, as shown by research done by the National Fire Protection Association on multiple fire safety metrics,” said M. Mark Weiss, JD, President CEO of the Manufactured Housing Association for Regulatory Reform (MHARR).

It is therefore misleading and a disservice to readers to fail to distinguish between pre-1976 ‘mobile homes,’ said Weiss“and today’s manufactured homes. This is why MHARR successfully demanded several years ago that the U.S. Fire Administration remove similarly misleading language from it’s website. 

The industry and consumers need to insist on an accurate media portrayal of today’s high-quality manufactured homes,” said Weiss.

MobileManufacturedHomeFireMythsgoUpinSmokecreditNFPAMHLivingNews-postedtothedailybusinessnewsmhpronewsmhlivingnews

Credit: MHLivingNews.

For more on from the NFPA report on fire safety of modern manufactured home compared to conventional housing and mobile homes, click here. ##

 

(Image credits are as shown above.)

 

rcwilliams-writer75x75manufacturedhousingindustrymhpronews

RC Williams, for Daily Business News, MHProNews.

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

Town Amends Manufactured Home Ordinance

April 9th, 2017 Comments off
TownAmendsManufacturedHomeOrdinancecreditRealtor-postedtothedailybusinessnewsmhpronewsmhlivingnews

A home in McCrory, Arkansas. Credit: Realtor.

In McCrory, Arkansas, manufactured home residents were faced with an incredibly difficult situation.

According to the Arkansas Democrat-Gazette, officials in the city passed an ordinance that placed a ban on manufactured homes that were worth less than $7,500. If owners were non-compliant, they faced fines of up to $500 per day.

Residents David Watlington and Lindsey Hollaway decided to take action. The couple lives below the federal poverty line.

They sued the city of McCrory and its Police Chief, Paul Hatch, saying that the city “can banish some of its poorest residents simply because they are poor.”

The 31-page complaint says that the city ordered them to leave because they cannot afford a more expensive home and that this banishment is a “drastic punishment” that essentially criminalizes poverty and is forbidden by the Arkansas State Constitution.

The Ordinance contains no defense based on non-willfulness and no mens rea [intention or knowledge of wrongdoing] or intent requirement, meaning that simply being too poor to afford a more expensive home is sufficient for a violation,” the complaint stated.

Further, the lawsuit alleges the defendants’ order does not stem from any legitimate government interest and, despite listing four justifications for its passage (relief of overcrowding, promotion of orderly growth, health, and notification to builders), includes no justification for the wealth-based provision.”

McCrory, red marker. Credit: Google.

The complaint also stated that even if the ordinance’s authorizations were indeed civil, the law would still lack sufficient process to deprive violators of their protected property rights.

Within a few days of the lawsuit being filed, the city amended an ordinance to remove the ban, and an attorney for the city intends to ask a judge to dismiss the lawsuit in light of the ordinance’s amendment.

Equal Justice Under Law, a Washington, D.C. based group who helped to file the lawsuit, allege that the city’s intentions weren’t necessarily pure.

Defendants are hurriedly rushing to amend their Ordinance, not because they concede it is unconstitutional, but because they wish to evade any preliminary order from this Court.”

Federal Judge Price Marshall ruled that the request for a restraining order against the ordinance was moot because the city had promised not to enforce the ordinance.

 

(Image credits are as shown above.)

 

rcwilliams-writer75x75manufacturedhousingindustrymhpronews

RC Williams, for Daily Business News, MHProNews.

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

Town Decides on Manufactured Home Ordinance

March 28th, 2017 Comments off
StoppedBeforeTheyCanStartMHCDevelopStalledcreditTheDailyIberian2-postedtothedailybusinessnewsmhpronewsmhlivingnews

The original area for the proposed community. Credit: Daily Iberian.

In a follow up to a story that the Daily Business News originally covered in February, the Iberia Parish, Louisiana Parish Council voted last week to adopt a new ordinance to regulate the development of manufactured home communities and subdivisions. This appears to be the end of the road for the development of new manufactured home communities in the parish.

Per the Daily Iberian, the ordinance has been passed back and forth between the Iberia Parish Zoning Commission and the council for months, with the Zoning Commission approving an amended version of the ordinance.

That ordinance is the one that was up for discussion last week.

The Zoning Commission decided to add two new zoning classifications, T-1 and T-2, specifically for manufactured home communities and subdivisions. One of those classifications would have to be obtained before a developer could establish a community.

There are no T-1 or T-2 districts in the parish.

This means any property to be used as a manufactured home community will need to be rezoned. Rezoning will  require public hearings that will allow neighboring landowners the opportunity to quash any proposed development before it gets off the ground.

I think this will kill mobile home park [sic] development in Iberia Parish,” said Council Chairperson Natalie Broussard.

If it requires a zoning change, it’s never going to happen.

Broussard said that her comments are based on a long running battle between the landowners of the proposed Safe Haven Mobile Home Park and nearby neighbors.

Neighbors managed to stall the development, even though many of the homes in the neighborhood already have manufactured homes on site.

On of those neighbors commented on the new regulations.

This would eliminate the problems we had,” said Emily Ransonet Kyzar.

The stalling prompted the developer, Shawn Pourciau, to file suit against the Iberia Parish Government after his preliminary approval was denied. That case is still pending in state court.

newiberiastory32817creditDailyIberian-postedtothedailybusinessnewsmhpronewsmhlivingnews

The ordinance is discussed. Credit: Daily Iberian.

In addition to the zoning requirement, the ordinance also calls for all manufactured home communities to secure an occupational license.

Does this regulation duplicate existing laws that stated mobile home parks [sic] were required to have a license?” asked District 10 Councilman Eugene Olivier.

They are, but they don’t,said Parish Legal Counsel Andy Shealy. “Most don’t bother to get an occupational license.

The license question became an issue for another councilman.

If they are required to get an occupational license, won’t this apply to existing developments?asked District 5 Councilman Warren Gachassin Jr.

Yes, they must be reviewed yearly,” said Shealy. “That is the key.

Then it does not affect just new developments like we have been told,” said Gachassin.

There are teeth in the law. It will affect existing trailer parks [sic].”

When Shealy confirmed that it would have an effect, Gachassin made his point clearly.

When we started this, it was about public safety,” said Gachassin.

It wasn’t about the all-out war on trailer parks [sic] it has become. It is an overreach in government regulation. It is a bit much.

The eventual motion passed, 9-4. Before the vote, one community owner voiced his concern.

You can’t overregulate, or parks [sic] will leave town,” said community owner Randy Theriot. ##

 

(Image credits are as shown above.)

 

rcwilliams-writer75x75manufacturedhousingindustrymhpronews

RC Williams, for Daily Business News, MHProNews.

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

Council Decision On Rent Control Ordinance

February 20th, 2017 Comments off
CouncilDecisionOnRentControlOrdinancecreditTimeStandard2-postedtothedailybusinessnewsmhpronewsmhlivingnews

The Lazy J community in Arcata, CA. Credit: Times-Standard.

In the northern California city of Arcata, the City Council voted last week to approve a draft ordinance on rent control for manufactured home communities.

According to the Times-Standard, the draft ordinance is based of Humboldt County‘s Measure V, which was approved by voters in November.

The Daily Business News covered the Measure V vote, in an article linked here.

In a 3 to 1 vote, Councilman Michael Winkler dissented, citing the importance of looking at the central California city of Modesto’s ordinance on manufactured home rents.

Council members Sofia Pereira and Paul Pitino noted that it was important to consider a rent control ordinance that could be amended if it did not fit citizen’s needs.

CouncilDecisionOnRentControlOrdinancecreditOfficialPhoto1-postedtothedailybusinessnewsmhpronewsmhlivingnews

Official Photo.

Arcata Mayor Susan Ornelas and city engineer David Loya also presented the idea of entering into a regulatory agreement with manufactured home communities that would provide residents the power to adjust it.

An ordinance doesn’t protect you from rent raises. While I agree that an ordinance should be considered, so should a development agreement process,” said Ornelas.

CouncilDecisionOnRentControlOrdinancecreditOfficialPhoto3-postedtothedailybusinessnewsmhpronewsmhlivingnews

Official Photo.

If Arcata citizens do not agree with the decision made by the council, they have the power to take it to a ballot measure, similar to the county’s Measure V,” said Winkler.

And, like Measure V itself, the proposed ordinance sparked tensions as residents and owners had their say.

When I add my water and sewer, my electrical and my gas I’m up to over half of my income,” said Lazy J community resident Raven Le Barron.

When I add in my garbage and my telephone, I get no cable or no internet and no cell phone. I live bare bones, so if my rent continues to go up, people like myself are afraid that we’ll lose our homes. We’ll have to move.

CouncilDecisionOnRentControlOrdinancecreditTimesStandard-postedtothedailybusinessnewsmhpronewsmhlivingnews

Resident Raven Le Barron speaking at the council meeting. Credit: Times-Standard.

Le Barron says that is not an option for her or other residents on fixed incomes.

My home is too old to legally move and even if we could move, there is nowhere to move,” said Le Barron.

We love our home. We’re people who were fishermen, loggers, janitors, factory workers. We’re parents and grandparents and great grandparents. I sit with 80- and 90-year-old people who are so terrified they’re going to lose their home.

CouncilDecisionOnRentControlOrdinancecreditWorldMap-postedtothedailybusinessnewsmhpronewsmhlivingnews

Credit: World Map.

For Town and Country Mobile Home Park owner Cecilia Quick, she says that her rents are not only in line, but that she is also sensitive to residents’ situations. Her community does not receive government subsidies, but Quick keeps her rents lower than the regular county housing market.

After close to 60 years of ownership, these price rises do not show a history of huge price increases,” said Quick.

We’ve only raised rent six times in the last seven years at an average of 2 percent at that time. We’re very mindful of our tenants and what they can afford, especially during the recession. We try to be sensitive to that and also run a functioning business.”

The city plans to move forward on drafting the, but also consider changes to it in the near future.

Despite all the efforts to bring folks together, moving forward with rent stabilization makes the most sense,Pereira said. ##

 

(Image credits are as shown above.)

 

rcwilliams-writer75x75manufacturedhousingindustrymhpronews

RC Williams, for Daily Business News, MHProNews.

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

MHC Community Expansion Faces Challenges – NIMBY?

February 10th, 2017 Comments off
MHCCommunityExpansionFacesChallengescreditOxfordEagle1-postedtothedailybusinessnewsmhpronewsmhlivingnews

Water Valley residents at a board of supervisors meeting. Credit: Oxford Eagle.

The proposed expansion of a manufactured home community in Water Valley, Mississippi, appears to have hit a snag after a city meeting this week.

According to the Oxford Eagle, city officials said that the city does not have the capacity to provide sewage for the entire project.

In response to questions from multiple attendees at the meeting, Mayor Larry Hart explained the city would provide water, sewage and electricity for the portion of property located inside the city limits, which could accommodate eight to 10 additional manufactured homes in the community, which currently has 12 homes. Four local men purchased the property and property surrounding it, totaling 29.5 acres, last year for development. Two-thirds of the land sits outside the city limits.

At this time we do not want to expand the city’s utility system into the county for a project of this size. We are going to operate within the city limits,” said Hart.

MHCCommunityExpansionFacesChallengescreditNorthMississippiHearld-postedtothedailybusinessnewsmhpronewsmhlivingnews

Mayor Larry Hart. Credit: North Mississippi Herald.

Any extra sewage capacity in the town’s wastewater treatment facility will be reserved for future growth inside the city.”

Mayor Hart told the meeting that the portion of the property that is located inside of the city limits is zoned “R-4”, which is a special residential designation that permits manufactured home communities. City Attorney John Crow added that guidelines for development in R-4 property is very restrictive.

The streets have to be paved, the manufactured houses must be under-girded, it’s got to be landscaped, it has got to be sodded. You can’t just start stacking them in there,” said Crow.

We will enforce that ordinance,” said Hart, responding to questions regarding enforcement.

Last month, the developers said that they were still in the planning phase and did not speculate about the total number of manufactured homes the proposed project would encompass.

They also stressed their goal was to create an affordable, safe and family oriented community and they planned to purchase new manufactured homes for the expansion.

Mayor Hart explained that protocol requires a proposal first be submitted to the city’s planning commissioners.

As of this moment, there is no permit in front of the city for anything. The permit application starts the ball to rolling,” said Hart.

MHCCommunityExpansionFacesChallengescreditOxfordEagle2-postedtothedailybusinessnewsmhpronewsmhlivingnews

Credit: Oxford Eagle.

 

NIMBY?

The proposed development has also created controversy in town.

Multiple residents cited that close to 100 homes could be included in the development at maximum capacity, which presented concerns.

The issue was addressed at a Board of Supervisors meeting, and supervisors discussed the possibility of implementing land use ordinances in the county.

Currently the county does not have zoning or land use ordinances other than a flood plain ordinance.

We may need to consider some future planning,” said Board President Cayce Washington.

Where something like this has to flow through this board before someone can go out there and do this. I don’t think our target is going to be an individual homeowner, it is going to be more for developers.

I support an ordinance that would provide minimum subdivision standards for future development as well as restrictions for properties that have become a blight in the county” said District Three Supervisor Lee McMinn.

I am thinking in terms for future development and for protection of current homeowners.

NIMBYnotInMyBackYard

Credit: OHRC.ON.CA, under fair use.

The Daily Business News has covered a number of potential NIMBY (Not-In-My-Back-Yard) stories recently, where current residents appear to be working to keep manufactured homes or communities out. Most notable is the case in Aiken, South Carolinawhere Councilman Danny Feagin was quoted as saying “As long as it keeps the mobile home parks [sic] out, I think the folks would be satisfied,” in relation to a proposed rezoning ordinance. ##

(Image credits are as shown above.)

rcwilliams-writer75x75manufacturedhousingindustrymhpronews

RC Williams, for Daily Business News, MHProNews.

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

Proposed Council Ordinance Sparks Property Rights, Discrimination Discussion

November 15th, 2016 Comments off
nimbycomicpostedmanufacturedhousingindustrydailybusinessnews-mhpronews

Nimby comic credit as shown, used here under fair use guidelines.

In Greene County, Indiana, the Linton city council voted to move forward with a controversial ordinance.

The vote, which required the mayor to break a tie, approved a measure stating all future manufactured homes brought into the city must be moved into a manufactured home community.

What I’m going to propose is all of the trailers [sic] in town now be grandfathered in. Any trailer [sic] from this day forward will go into a state-mandated trailer park [sic],” said Linton mayor John Wilkes.

You look at all the other communities around, their cities are clean, their towns are cleaned up. They have trailer parks [sic] to put their trailers [sic] in.

According to the Greene County Daily World, the Linton city council has been debating for months about how to move forward with cleaning up unsightly older mobile and manufactured homes in the city limits, while still providing affordable and safe housing for Linton residents.

proposedcouncilordinancesparkspropertyrightsdiscriminationdiscussioncreditofficialphoto-postedtothedailybusinessnewsmhpronewsmhlivingnews

Mayor John Wilkes. Official Photo.

One of the reasons why the city has been unable to put together a trailer [sic] ordinance is because Linton does not have any zoning,” said Wilkes.

The mayor said the city is working to clear out houses in the city and commended city councilwoman Linda Bedwell for her work with the county-led blighted property ordinance.

I think we are on the same page here. We want to clean the city up and make it a better place,” Wilkes said during the council meeting.

Upon the call for a vote, council members Fred Markle and Jerry Ellett voted in favor of putting together the ordinance as proposed by the mayor. Council members Tony Richards and Linda Bedwell voted against the measure.

Councilman Jeff Sparks was not in attendance.

In a situation like this, the chair will break the tie and I’m in favor of that motion so that motion carries,” Wilkes said.

proposedcouncilordinancesparkspropertyrightsdiscriminationdiscussioncreditofficialphoto2-postedtothedailybusinessnewsmhpronewsmhlivingnews

Linton city council. Official photo.

Markle told the council that based on his independent research, he found many communities of similar size have zoning in place, and this seems like the right direction to go in addressing the problem.

Markle also stressed that it may take 10 to 12 years for the proposed ordinance to take effect.

Mayor Wilkes noted while about 10 percent of manufactured homes in the city limits are in top shape, it is the rest of the older mobile or manufactured homes, which he characterized as being run down and negatively impact the neighbor’s property values.

But you also have that problem with houses, too,” said Bidwell.

I think if you own the property you should do with it what you want,” said councilman Tony Richards.

proposedcouncilordinancesparkspropertyrightsdiscriminationdiscussioncreditgoogle-postedtothedailybusinessnewsmhpronewsmhlivingnews

Linton, Indiana. Credit: Google.

A member of the public was not pleased.

While Mayor Wilkes did not open up the topic for public discussion during the meeting, local landlord Jerry May addressed the council after the meeting was adjourned.

I wanted to put you on notice that I plan to file an injunction on the ordinance. I think you need to rethink that because you’re violating some laws,” May said.

May buys, sells and trades manufactured homes in the city, rents out several homes and currently has a manufactured home community.

This is taking away the usability, sell-ability and buy-ability of the property. It takes away all value in all aspect. We’ve got one park [sic] here in town, and it’s got restrictions itself,” said May.

The landlord also said that he believes this is a dangerous step in the direction of zoning.

It’s a major takeover. It’s not just the creation of an ordinance. This is a major form of zoning, and there’s lots more zoning to come. I promise,” May said.

The Daily Business News has covered a number of NIMBY (Not-In-My-Back-Yard) cases recently, including one in Hutchinson, Kansas here.  It should also be noted that a close reading of the Manufactured Housing Improvement Act of 2000 provides for enhanced preemption, which ought to limit such local zoning efforts.

MHARR and state associations are often raising this issue, with one example in a case linked here.  Please see the download from that linked column. ##

goodintentionsgoneastray-manufacturedhomelivingnews-mhpronews

Image credits are as shown.

(Editor’s Note: the story in the image linked above is another case of NIMBY that is worth exploring. Also, to understand the home owner’s vantage point, please see the article linked here.)

(Image credits are as shown above.)

rcwilliams-writer75x75manufacturedhousingindustrymhpronews

RC Williams, for Daily Business News, MHProNews.

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

Ordinance Preventing Section 8 Discrimination Passes

November 10th, 2016 Comments off
utilityshutdowncouldleadtomhcommunitybeingcondemnedcredittrulia-postedtothedailybusinessnewsmhpronewsmhlivingnews

A Renton, Washington manufactured home community. Credit: King County Housing Authority.

The Renton, Washington city council passed an emergency ordinance last night that prohibits property owners and managers from discriminating against current or potential tenants based on their participation in the Section 8 program.

The vote was unanimous and the ordinance takes effect immediately.

When a group of tenants who participate in Section 8 housing came to us two weeks ago with the predicament that they were being displaced, we were very concerned about their challenges and we felt it was critical to address the issue right away,” said Renton Mayor Denis Law.

citycouncilpassesordinancepreventingsection8discriminationcreditrentonmayordenislawoffcialphoto-postedtothedailybusinessnewsmhpronewsmhlivingnews

Renton Mayor Denis Law. Official Photo.

We are very pleased that the Council passed the emergency ordinance that helps protect families under these circumstances.

According to the Renton Reporter, the mayor and city administrators held several meetings with housing advocates to better understand what the families need and determine the steps to take. City staff worked with the Renton Housing Authority, Tenants Union and Salvation Army to provide assistance and find solutions for the families impacted.

We have also taken steps to address the issues faced by the group of tenants who came to us initially,” Law said. “As a result many of the landlords have either withdrawn their renewal notices or are now allowing tenants to stay until the end of their leases.

citycouncilpassesordinancepreventingsection8discriminationcreditofficialphoto-postedtothedailybusinessnewsmhpronewsmhlivingnews

Renton, WA City Council. Official Photo.

In addition to making it illegal for any property owner, manager, landlord or agent to refuse to rent to a person solely on the fact the person plans to pay a portion of the rent using Section 8 money, landlords are also prohibited from refusing to allow required health and safety inspections by the public housing authority, and must now provide written notice to explain why the unit is ineligible.

I want to say thank you for your compassionate care in passing the Section 8 voucher protection for families and individuals here in Renton,” said community advocate Dr. Linda Smith.

I especially appreciate the urgency you placed on this matter and the fact that you took immediate action to find a solution. This was a major success as it does eliminate undue stress from so many families and children lives who potentially faced sleeping on the streets.

The housing market throughout the region has shifted and caused hardships for families of all income levels,” said Law.

Cost of homes and rental rates are increasing throughout the region. Like other areas in Seattle and Bellevue, Renton is also becoming increasingly unaffordable. We need to find long term solutions for affordable housing.

As Daily Business News readers are already aware, Congress passed the Housing Opportunity Through Modernization Act (HOTMA) in July, which allows Section 8 vouchers to be used for the purchase of manufactured homes. That story was covered here.  The state of Washington has experienced a surge in manufactured home sales, as was reported at the link here. ##

(Image credits are as shown above.)

rcwilliams-writer75x75manufacturedhousingindustrymhpronews

RC Williams, for Daily Business News, MHProNews.

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

Arkansas City to Ponder Factory-built Home Ordinance

July 9th, 2016 Comments off

mhmsm Mfg home stock photo manufacturedhomepostedDailyBusinessNewsMHProNewsWord from baxterbulletin tells MHProNews the city council of Salesville, in north central Arkansas, is preparing to discuss an ordinance regarding the age requirement of manufactured and modular homes at their next scheduled meeting on July 11, 2016. The meeting will be held at Salesville City Hall at 7 PM. Salesville is in Baxter County. ##

(Photo credit: MHProNews–manufactured home)

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