Posts Tagged ‘Supreme Court’

The 2020 Census, Supreme Court, Manufactured Housing, and You

February 19th, 2019 Comments off


There are potential issues that ought to have been raised in the 2020 Census that experts have told the Daily Business News on MHProNews should have been included.  That will be a topic of a planned upcoming report.


But today’s U.S. Census topic impacts every affordable housing or manufactured home professional.  Indeed, it influences every U.S. citizen.

Supreme Court has agreed to hear a case that will decide whether 2020 Census can ask people if they’re a U.S. citizen.  Why does it matter?

That decision that will impact allocating House seats, Electoral College votes, and billion of federal dollars, says the Daily Mail.  Factually, that’s correct.

Per the Daily Mail:

  • The U.S. Census, conducted every 10 years, hasn’t asked a citizenship question since 1950.
  • Trump Administration wants to include it again, claiming the Justice Department wants the data in order to help enforce the Voting Rights Act.
  • A federal judge said no in January, but now the Supreme Court says it will take the case on an expedited basis so the Census can proceed on time.



Why it Matters?

  • Non-citizens included in the Census distort the legal count of Americans who are supposed to determine the relative population of the 50 states.
  • Those ratios determine how many seats each state gets in the House of Representatives and Electoral College votes in presidential contests. Rephrased, even if someone in the U.S. who isn’t a citizen isn’t voting illegally, counting them distorts data that – for example – makes California the state with the most congressional districts.
  • The Census data also informs spending equations used to distribute federal tax dollars to the states for everything from education to road repairs. That is hundreds of billions of dollars that could be shifted, depending on how the Supreme Court rules. The case is expected to be heard in April.

Rephrased, do you want your vote and citizenship status to be enhanced or diluted?  The count of non-citizens matters.  If the Supremes rule correctly, by Constitutional intent standards, this should be a no-brainer. For Census purposes, non-citizens should be counted as exactly that, non-citizens.



Wonder why ongoing illegal immigration matters? Why is this topic not heard more in the U.S. media?  Why is it British media that is reporting on this topic, that ought to be a lead story on thousands of mainstream media sites in the U.S.?

Writing as someone who came to the U.S. legally, illegal immigration matters.  That’s “News through the lens of manufactured homes, and factory-built housing” © where “We Provide, You Decide.” © ## (News, analysis, and commentary.)


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Judge Garland has Ruled against Small Employers in the Past

March 31st, 2016 Comments off

Merrick_Garland,_Judge__town_hall___creditTom Scott, the California Executive Director of the National Federation for Independent Business (NFIB), writing in ocregister, says President Obama’s choice for the Supreme Court, Merrick Garland, has a history of ruling against small business, siding overwhelmingly with regulators, labor unions, trial lawyers and environmental activists.

Noting Judge Garland would defer to regulators as a Supreme Court Justice, Scott said on the circuit court Judge Garland has ruled in many cases involving the National Labor Relations Board (NLRB). In two cases he has ruled if employers are guilty of violations, their personal assets as well as their business assets should be penalized.

In Rancho Viejo, LLC v. Norton, in 2003, he ruled the federal government can regulate private property. In a Calif. case involving protecting a unique toad, he ruled the Constitution’s Commerce Clause has precedence over the property, even though the Commerce Clause deals with interstate commerce, of which the toad was not a part. Scott says Garland “twisted the Commerce Clause into a pretzel in order to rationalize federal regulation.”

The NFIB is a plaintiff in a case challenging the EPA Waters of the U. S. rule which mandates that small businesses must obtain federal approval to improve property that is near a body of water.

In another case involving the NFIB, the EPA Power Plan forces states to switch away from coal as a power source to another source of electricity, a move that will likely be very costly.

After examining his record, it’s a fair assumption that Judge Garland would readily side with the government in both of these major cases. Small business knows where he stands. NFIB is firmly opposed to this nominee,” says Scott.

As MHProNews understands, however, if the new president is a Democrat, and Democrats retake the Senate, the choice for the Supreme Court could be more liberal. ##

(Photo credit: townhall–Judge Merrick Garland)

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

State Court Strikes Down Law that Harms Community Owners

March 20th, 2015 Comments off

photographersdirect__creditThe Manufactured Housing Institute (MHI) informs MHProNews the Ohio Supreme Court struck down a zoning law as unconstitutional that was designed to eliminate manufactured housing from Lodi, Ohio.

The zoning code states any property considered noncomforming that is vacant for six months is considered abandoned. In the case of manufactured homes in a community,their absence or removal from the lot shall constitute discontinuance from the time of absence or removal,” a more punishing blow to MH.

Several manufactured home communities in Lodi were grandfathered in because they existed before the adoption of the city’s zoning code, but became nonconforming as a result. If a homesite was vacant over six months, the city refused to reconnect utilities for a new resident.

Two community operators sued for being deprived of property rights to those homesites. The Ohio Manufactured Housing Association (OMHA) filed an Amicus Brief in support of the communities, and the Supreme Court agreed with the owners, striking down that portion of Lodi’s zoning law.

The Court says the law deprives the owner of “the right to continue the use of its entire property in a manner that was lawful prior to the establishment of the zoning ordinance. OMHA Executive Director Tim Williams praised the decision. He said, “OMHA is grateful for our member attorney John Monroe’s major victory affirming the property rights of our MH Community owners. ##

(Image credit: photographersdirect)

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

Nadeen Green says Disparate Impact case could rock MH & MHC owners, managers world

January 5th, 2015 Comments off

supremecourtofus-credit=wikicommons-posted-daily-business-news-mhpronews-The outcome of an important case is due for oral argument with the United States Supreme Court beginning January 21, 2015. The case is entitled Texas Department of Housing and Community Affairs, et al, Petitioners v. The Inclusive Communities Project, Inc., Respondent.  It is awaited with anxiety and trepidation in many housing circles. 

According to Nadine Green, JD – also known as “The Fair Housing Lady,” the pending case concerns the implications of disparate impact liability  for housing providers.

Green says that “the impact of this decision will be huge, and the housing industry will either heave a great collective sigh of relief or begin to operate in a vastly different way.”NadeenGreen-jd-for-rent-posted-daily-business-news-mhpronews-

So, what is disparate impact liability?

Well, if you’re confused, you’re not alone. To help express the concern of the housing industry concerning this interpretation of the FHA guidelines, several housing organizations have joined together to file an amicus brief (friend of the court) to help the court understand their concern about the interpretation of these guidelines. These housing groups say that …”virtually every rule or policy that a housing provider adopts may have a disparate impact on one or more protected classes, even if housing providers have neither the intent to discriminate nor any understanding of how protected classes might be impacted by such a policy.”

Stay tuned to learn the outcome later this month. In the meantime, you can read a more detailed explanation of Ms. Green’s take on this issue at the link below, which contains a full download of the amicus brief. ##

(Graphic Credit: Wikipedia)

sandra-lane-daily-business-news-mhpronews-com-75x75-Article submitted by Sandra Lane to – Daily Business News – MHProNews. 

House to Sue President Obama, as Supreme Court Denies Birth Control Provision of ACA

June 30th, 2014 Comments off

U. S. House of Representatives Speaker John Boehner (R-OH) plans to introduce legislation that will allow the House to sue President Obama for unconstitutional overreach, according to Allowing the House to sue through the House general counsel, the bill is in response to the president’s executive actions, including preventing the deportation of young illegal immigrants who came to the U. S. as children, rising the minimum wage for employees of federal contractors and allowing the curbing of carbon emissions from coal plants. Rep. Boehner says these issues are the responsibility of Congress to consider. “I believe the House must act as an institution to defend the constitutional principles at stake and to protect our system of government and our economy from continued executive abuse,” he said in the letter. “The president has an obligation to faithfully execute the laws of our country.” MHProNews understands courts are generally reluctant to intervene in cases involving the executive and legislative branches of government.

Meanwhile, the Supreme Court has decided by a 5-4 vote that Hobby Lobby may opt out of the Affordable Care Act (ACA) on religious grounds that requires them to provide contraceptives to female employees, as MHProNews has learned.

In addition, Senator Mike Lee (R-UT) says the Obama administration suffered their 12th defeat at the hands of the Supreme Court over the so-called recess appointments that were made when Congress was not actually in recess. Sen. Lee, quoted in, says it is just the “tip of the iceberg” because there are other cases of President Obama exceeding his executive authority that have not made it to the Supreme Court yet. Sen. Ted Cruz (R-TX) says, “This marks the 12th time since January 2012 that the Supreme Court has unanimously rejected the Obama administration’s calls for greater federal executive power,” he pointed out after the release of the recess-appointments ruling. He had previously said in April 2013, “When President Obama’s own Supreme Court nominees join their colleagues in unanimously rejecting the administration’s call for broader federal power nine times in 18 months, the inescapable conclusion is that the Obama administration’s view of federal power knows virtually no bounds.” ##

(Image credit:

U. S. Supreme Court may Hear Rent Control Challenge

June 7th, 2013 Comments off

The U. S. Ninth Circuit denial to rehear the Equity LifeStyle Properties (ELS) vs. City Of San Rafael ruling may lead to a battle in the U. S. Supreme Court. The court’s decision handed down in April establishing rent control in manufactured housing communities may embolden rent control advocates across the state, but the battle is far from over, according to Attorneys Hart, King & Coldren (HK&C). The April 13 three-judge panel decision had reversed a decision by District Court Judge Vaughn Walker, who ruled rent control unconstitutional. Whether ELS takes the review to the U. S. Supreme Court or not, as MHProNews has been informed, the future remains open to constitutional challenges whenever owners are denied rent increases. But while the battle rages, HK&C says “there continue to be opportunities to maximize property values through rent increase applications, subdivisions or closures. The pursuit of these opportunities may also help set the stage for successful taking claims.” .

(Image credit: photographersdirect)

MHC Owner Wins Right to Sell Sites

March 14th, 2013 Comments off

As follow-up to a story we last posted May 17, 2011 whereby the U.S. Supreme Court confirmed a lower court’s ruling that rent control at Rancho Mobile Home Estates in Goleta, Calif. is constitutional, the owner of Rancho, Daniel Guggenheim, recently won a state case that permits him to sell the homesites in Rancho. SantaBarbaraIndependent informs MHProNews residents fear rent control protection will disappear. The City of Goleta was a reluctant winner in this case, having spent over $500,000 dealing with Guggenheim’s lawsuits over the years, but it favored this decision, which will essentially end its legal wrangling with the MHC owner. Goleta Mayor Roger Aceves says, “While we are satisfied that the court recognized that the city’s decision is correct, the state legislature needs to fix this statute and make it clear that cities have the authority to protect their residents.” Because of Goleta’s proximity to the Pacific coast, the California Coastal commission must also approve the decision.

(Photo credit: California Progressive Housing)

Appeals Courts Split over Rescission

February 8th, 2013 Comments off

As nationalmortgagenews tells MHProNews the Third Circuit U. S. Court of Appeals in Philadelphia ruled that a homeowner can file suit to rescind a mortgage past the statutory three-year limit providing they filed a notice within the three years. The Consumer Financial Protection Bureau (CFPB) filed a brief supporting the homeowner in the case. Of the four appeals courts to have ruled on this same issue, two have ruled in favor of the borrowers and two have favored the lenders, which increases the likelihood that at some point it will be heard before the Supreme Court.

(Image credit: National Equity Fund, Inc.)

City Approves Conversion of MHC to Co-op

December 4th, 2012 Comments off

MHProNews has learned from HK&C attorney Robert Coldren that the Huntington Beach (CA) City Council has tentatively approved the subdivision map application for Pacific Mobile Home Park to become a resident-owned community. A recent ruling from the state supreme court requires communities in coastal zones be subject to the Mello Act (which intends to preserve affordable housing for low and moderate income persons, as we reported here Nov. 30, 2012). So at first the 252 site community was  denied the right to change, but a lawsuit by the firm resulted in the city approving the application upon further consideration. Although it may be more difficult to pursue subdivisions in the future because of the recent supreme court ruling, those seeking conversions need to look closely at the roadblocks which may prevent a conversion.

(Image credit: CNNMoney)

Rent Control Issue May Get High Court Hearing

March 2nd, 2011 Comments off

A rent control ordinance at a factory-built community in Coleta, California, may propel a lawsuit to the U.S. Supreme Court.  The community’s owner, real estate tycoon Daniel Guggenheim, attempted to convert the land into condominiums, and told the residents they either had to purchase their home sites or eventually lose rent control protection.  The Ninth Circuit Court of Appeals voted against him in December, and he has hired former U.S. Solicitor General Ted Olson to represent him in Washington.  According to Daily Nexus, of the University of California Santa Barbara, Coleta City Attorney Tim Giles said Guggenheim knew Rancho Mobile Home Estates was under rent control when he bought it, but he tried to push the limits of the ordinance in order to charge more for the home sites.  Giles believes the high court will refuse to hear the case.