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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

 

 

 

 

 

What the Latest Numbers from #1 Manufactured Housing Market Texas Reveals

December 28th, 2018 Comments off

 

WhatLatestNumbersFrom#1ManufacturedHousingMarketTexasRevealsDailyBusinessNewsMHProNews

In a media release from the Texas Manufactured Housing Association (TMHA), here are the latest insights.

 

Shipments in November moved down from both October and November of 2017 as the market faced fewer production days, rising interest rates, and falling oil prices,” said the TMHA statement.

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Manufacturer annual totals for (November, year to date) MH shipments in Texas,” are as follows.

 TexasManufacturedHousingAssociationLogoTMHALogoTexas2018ShipmentStatisticsDailyBusinessNewsMHproNews

 

During an affordable housing crisis, however someone might chose to spin it, the manufactured housing numbers from Texas are foreboding.  Pause to consider what the market potential is, versus the actual results?  For example:

 

LawrenceYunNARShort8.3MillionHousingUnitsRisingRentsHousingPricesCuredOnlyByMoreBuilding

Collage by MHProNews.

 

The new data from Texas yesterday reveals once again the arguably false claims by the Manufactured Housing Institute (MHI) and their dominating Berkshire Hathaway members, such as Clayton Homes. 

In response to our Daily Business News on MHProNews fact-checks, evidence, and “follow the money” research, a voice from Indiana is whining in defense of MHI, instead of standing up for the interests of the independents he claims to represent.  

But far more important than a threatening letter from a claimed attorney for the Arlington, VA based MHI, or a voice from Indiana that can’t refute a single claim made here on MHProNews, are those dozens of new readers signing up for our industry-leading emailed news updates, joining the thousands of others already on our e-list.  

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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. .

As or more important are those from within MHI – or within/tied to Clayton, 21st Mortgage, other Berkshire brands, and from other industry sources – who are providing a growing stream of news tips.  

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Submit confidential or on-the-record news tips, or comments at this linked email mailto:iReportMHNewsTips@mhmsm.com

Traffic on MHProNews has steadily grown for about 16 months, because industry professional readers want to know. Smoke and mirrors from Knoxville, Arlington or their rewarded allies only takes professional people so far, or for so long. Then, pros eventually wise up to the fact that sweet voices that say sweet things may in fact be leading you into troubled waters.

So while others in MHVille who are tied to the Omaha-Knoxville-Arlington Axis play “the smear”  plus duck, dodge, dismiss, detract, distract, and defame – MHProNews will show the facts, evidence, and what common-sense suggests. Remember the 6Ds, and then understand why people use them.  By contrast, we hold those ‘MH leaders’ accountable for results that don’t match their claims or words.

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It’s simple, actually. If any of our MHProNews reports were factually inaccurate, then the Omaha-Knoxville-Arlington Axis and their allies could simply disprove them. So why don’t they? Why do our fact checks stand on their own merits? Because the facts checked stand unrefuted. It’s the principle of Occam’s Razor.

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The fact that MHI is apparently using another purported pawn-puppet – one tied to SECO related scandals – instead of dealing with the issues that are keeping manufactured housing at historic lows suggests the latest ‘over the target reactions is for them a #Nettlesome issue.  Compare what TMHA said to what MHI themselves said, because facts are facts, no matter how #Nettlesome. 

ManufacturedHousingInstituteMHILogoOctober2018HUDCodeHomeShipmentsDeclineDailyBusinessNewsMHProNews

Facts are facts. If MHI, Clayton, 21st or anyone designated on their behalf can point to factual errors in a report, let them do so. The TMHA and MHI data only confirm what MHProNews previously reported, summarized in part in the graphic below.

 2018-12-13_1544MHAO7StateSouthCentralUnitedStatesManufacturedHomeShipmentsManufacturedHousingINdustryDailyBusinessNEwsMHproNews

Otherwise, the industry must recognize that the data reflected above or in other related reports linked further below stand publicly undisputed. Emotions have their proper place, when emotions rouse us to do what a mature person intelligently should do. But heads in the sand and happy talk help no one, but a few consolidators a.k.a. monopolistic players.

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Reason and common sense must be in the mix too.

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Kenny Lipschutz, MHI member and HomeFirst Certified Communities.

The only way to solve a problem is to first recognize it exists, and then use a goal-and-solution oriented approach, one based upon facts to solve what needs correcting.

 LATonyKovachRichardDickJennisonManufacturedHousingInstitutePresidentWhyCancelOwnPresentationLouisvilleDailyBusinessNewsMHProNews

ProblemSolvingZigZiglarFirstStepRecognizetheProblemExistsNextIsProblemOurResponsiblityProblemSolvingVeryImportantDailyBusinessNewsMHProNews

If MHI’s CEO Richard ‘Dick’ Jennison had a good explanation for why the performance is so poor, in spite of their multimillion-dollar budgets and all of their supposed promotional efforts, why doesn’t he just give the explanation?

 

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The wise don’t go to a doctor over an illness or disease, and then beg for a reason to keep doing unhealthy habits. Rather, the wise seek the facts, then look for the path that returns the body – business, or an industry – back to good health.  For a late Christmas gift, we give once more the gift of the unvarnished truth coupled with common sense. Some will hate that truth or fact checks, but the largest professional audience in MHVille finds us to be informative, as well as entertaining.

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OTR from industry pros. We get the full range of comments, but the most common words we read include, these two “Thank you.”

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Gus’ message came in response to a series of exposes on issues within manufactured housing, as well as tips, strategies and opportunities.

The MH industry has been essentially flat when it could be rocking and rolling. We’ll dig more deeply in to the causes and solutions in 2019. Join us for the ride by signing up for our popular headline news emails, above or below. See the related reports, below the notices and byline, for more insights and facts on the new manufactured home shipment trends.

Rephrased, we’ll have FUN in 2019 while calling the ‘powers that be on’ the carpet, and holding their performance up to their own problematic claims and words, vs. the actual performance our once roaring industry achieved.  The only way things will change is if the status quo is challenged.

That’s this morning’s MH “Industry News, Tips, and Views Pros Can Use,”  © where “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.

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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.

 

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Reputation Defense – Clayton Customer’s Video Slams “Fake Studs” vs. Clayton Homes’ Image Video -Comparisons

Production Flatline Continues in October 2018

 

 

 

 

Rich Attkisson Dies, Manufactured Housing Career, Life Remembered

November 27th, 2017 Comments off

RichardAttkissonPassagesManufacturedHousingTMHADailyBusinessNewsMHproNewsWe are sad to report that Rich Attkisson of R.A. Financial passed away Friday, November 24,” said the Texas Manufactured Housing Association (TMHA).

Rich and his wife Dorothy were always present at the Annual TMHA Conventions and you could almost always find Rich on the golf course during the TMHA golf tournaments.  They were active members for over 30 years and very supportive of the Association and the industry as a whole.  Our thoughts and prayers go out to Dorothy the entire Attkisson family during this very difficult time,” per the association’s release to the Daily Business News.

Richard H. “Rich” Attkisson (aka “Big Daddy”) passed away on November 24th, 2017. Rich was born in Cleveland, Ohio, on May 8th, 1935 to John Attkisson and Eleanor Knittel Attkisson, the first of five children. The family moved to Elyria, Ohio, when he was young, where he grew up and graduated from Elyria High School in 1953,” per Caitlin Nauert, at the TMHA.

He joined the U.S. Air Force soon thereafter and proudly served his country for 12 years when he decided to try his wings in civilian life. His first civilian job was with Associates Finance Company, and he was in some type of financing the remainder of his life,” Nauert said.

R.A. Financial was primarily a used manufactured home lender, said the TMHA. The Associates was a significant new home lender in manufactured housing before pulling out due to the post-1998 industry meltdown.

Beyond sports, the TMHA noted that “Rich was very active in his Church, the Cibolo St. Paul Evangelical Church. He served on the Church Council, was co-chairman on the annual free Community Christmas Breakfast, and served monthly on the Church’s “Outreach Project”, serving free meals to needy citizens in the community.”

InMemoriamPassagesObituaryDailyBusinessNewsMHproNews

Rich is survived by his wife of 52 years, Dorothy “Dolly” Katt Attkisson; daughter Kristina Attkisson and son Richard, Jr., Arlington, Virginia; step-daughter and son-in-law Karen and Alfred Mitchell, San Antonio; step-son and daughter-in-law Keith and Joane Rylander Williams, Austin; four granddaughters: Alice “Ali” Attkisson, Virginia Beach, Virginia; Brooke A. Attkisson, South Carolina; Cara E. Attkisson, Fairfax, Virginia; and Kasey A. Johnson, San Antonio; sister and brother-in-law Eleanor and William “Bill” Parmenter; brother and sister-in-law Jack and Pam Attkisson; brother Robert “Bobby” Attkisson, all of Elyria, Ohio, and sister and brother-in-law Ruthann and Jim Nemeth, Wakeman, Ohio; sister-in-law and brother-in-law Sylvia and Robert “Bob” Seiler, San Antonio, and sister-in-law Viola “Bootsy” Norwood, Abilene; as well as numerous nieces and nephews in Ohio, Florida, Texas, and Oklahoma,” wrote Nauert.

Rich is preceded in death by his parents and nephew William “Billy” Parmenter.

Visitation will be held at Sunset Funeral Home on Austin Highway, on Tuesday, November 28th.  It will be from 6:00 to 800 P.M.

Funeral Services will be held at Cibolo St. Paul Evangelical Church, 108 South Main Street, Cibolo, at 10:00 A.M on Wednesday, November 29th. The memorial services will be conducted by Pastor Jason Ford and Rev. Chester Sassmann.

MHProNews extends its condolences to all those touched by the loss.  May Rich Attkisson rest in peace. ## (Passages, obituary.)

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

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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.)

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Emergency Request For Proposals for Manufactured Homes, Deadline Tomorrow

October 3rd, 2017 1 comment

EmergencyTxGLOProposalsRequestedDailyBusinessNewsMHProNewsThe Texas General Land Office (GLO) is Requesting Proposals from qualified Respondents to manufacture and supply residential Manufactured Housing Units (MHUs) as temporary housing for Texas residents affected by Hurricane Harvey in designated areas along the Texas coast and inland,” said the agency in a release.

DJ Pendleton and the TMHA are “currently aware of at least one major staging area in Herne, Texas.  We suspect additional areas will soon be developed, and have heard one such area might be near the San Antonio area,” they said in a statement to MHProNews.com.

The services solicited herein include the manufacture and delivery of the MHUs to staging areas designated by the GLO in Rockport, Corpus Christi, and Houston, Texas,” the Texas GLO said.

The solicitation, see below, includes transportation, installation and maintenance of said MHUs.

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D.J. Pendleton. TMHA – credit, MHProNews.

Respondents may also submit proposals under this Solicitation to transport the MHUs from the staging areas to the residents’ home sites, install them on site, and provide maintenance for the duration of occupation by the residents.”

The published deadline is 10.4.2017 at PM CT.

Agency Requisition Number:   RFP-X0013723-DF

For additional information, click here and here.

TMHA tells MHProNews that they may be getting additional information later today.  If so, there will be an effort made to update this report once that information is in hand.

For a prior Daily Business News reports on post-Hurricane Harvey related FEMA are linked below.  ## (News, disaster response, analysis.)

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Related:

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

VP Mike Pence, Industry Voices Sound Off on Manufactured Housing Relief for Harvey Victims

August 31st, 2017 Comments off
HurricaneHarveyDamagetoHomesCreditCNNDailyBusinessNews

Featured image credit, CNN.

The state of Texas is about to undergo one of the largest recovery-housing missions that the nation has ever seen,” Federal Emergency Management Agency (FEMA) Administrator Brock Long said during a news conference Monday. “It’s a long process. Housing is going to be very frustrating in Texas. We have to set the expectations.”

Since last Friday the Daily Business News has been tracking Hurricane Harvey, the devastation left in its wake, and what it could mean for manufactured housing.

What was originally estimated to be just under $40 billion in damages has quickly turned into $100 billion or more, per Newsmax.

The Daily Business News has also reported that FEMA is already gearing up for what Long estimates could be years trying to rectify housing needs in Texas.

Once you start to wrap up the life safety mission and you’re moving citizens who may be trapped or isolated, you’re trying to get them to a shelter, you’re trying to minimize the time that they spend in that shelter,” said Long.

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Brock Long, Administrator of FEMA. Image credit, Congressional Fire Services Institute.

As the search and rescue phase begins to draw to a close, thousands of households are thinking in terms of long-term shelters. FEMA’s goal is to support Texas – and now Louisiana – to get storm victims out of shelters and into some form of semi-permanent or permanent housing near their communities and jobs, as much as possible.

Housing is going to be very frustrating in Texas,” Long said. “And we have to set the expectations. But we already have disaster housing assessment teams on site. We’re already working very proactively with the state.”

Those who have no financial means to obtain new housing will have access to disaster assistance, which will find them accommodations at motels or apartments.

So far, more than 22,000 have begun the application process for emergency disaster assistance, per USA Today.

The goal of this is, if we can’t put you back in your home because it’s destroyed or because the floodwaters are there and are going to be there a while, we want to get you out of the long-term sheltering,” Long said.

FEMA’s Manufactured Homes Will Be an Option for Thousands Displaced by the Storm

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Vice President Mike Pence. Image credit, Wikipedia.

Thousands of manufactured homes are pre-positioned to respond,” said Vice President Mike Pence to Sean Hannity on his radio show.

FEMA says that this time, manufactured homes are being used as a last resort accommodation, when there are no longer hotels or apartments available for housing.

The last resort is to bring in manufactured homes and travel trailers,” Long said.

But that is a long process,” he added. “We don’t start dragging in manufactured homes and travel trailers right off the bat. They’re not going to be on your property tomorrow by any means.”

While Long said that they will bring in manufactured housing, but will also use travel trailers, at least one industry professional is questioning the accuracy of that statement.

Mark Weiss, President and CEO of the Manufactured Housing Association for Regulatory Reform (MHARR) says he thinks that inaccurate.

Well, they’re lumping manufactured housing in with RVs, which is wrong factually and also not FEMA policy as I understand it.  That policy is to use federally regulated HUD Code housing and not RVs,” Weiss told MHProNews.

In his interview with Hannity, Vice President Pence added that manufactured homes would be available sooner “thanks to president Trump signing a disaster declaration before the storm even hit.”

Pence used the correct terminology each time he spoke about the issue of manufactured homes.  A HUD Code producer in Indiana, where Pence was governor, told MHProNews that the vice-president he was “well informed” on the issues, including the use of proper nomenclature.

Another source concurred.

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Credits, IMHA, MHProNews.com.

Vice President Pence is well versed in manufactured housing,”  Ronald L. Breymier, Executive Director, Indiana Manufactured Housing Association (IMHA) told MHProNews.He is originally from Columbus, Indiana and even before he was elected Governor he was familiar with our industry due to a friendship with one IMHA-RVIC’s board members (now deceased) who owned manufactured housing communities. As Governor he was sensitive to and responsive to Indiana’s manufactured housing industry.”

Logistics

MarkWeissManufacturedHousingAssociationForRegulatoryReformMHARRPresidentCEOMHProNews

Weiss told MHProNewsthat saying that MH are the last resort may reflect the practical logistical reality of getting manufactured homes into the disaster zone in significant numbers, right away.”

Texas MHA Will Help Provide Housing

FEMA is not the only ones who will be working to provide housing for the Texans who lost their homes in this devastating natural disaster.

Department of Housing and Urban Development (HUD) Secretary Ben Carson, numerous private and corporate groups, and the Texas Manufactured Housing Association (TMHA) are all among also doing what they can to help residents get back into homes as soon as possible.

TMHA has pledged to help in both the immediate future and long term rebuilding efforts to come.  We are organizing within our membership ranks to prepare in the event our industry, in particular, came play a role in the recovery efforts,” the association told MHProNews in a release.

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Texas Manufactured Housing Association. Image credit, TMHA.

TMHA has asked retailers and communities to take stock of their inventories should they be asked about help housing those who were displaced. They said they have not been asked yet, but have been in the past.

Gus Rodriguez of Tejas Homes, near Conroe, TX was among the retailers that told MHProNews that they were gearing up to assist flood victims looking for housing.  The retailer indicated that they closed during the heaviest parts of the storm, but were re-opening and ready to go with a good level of inventory.

 

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FEMA manufactured homes that were used in Minnesota after flooding. Image credit, FEMA.

President Trump Thanks Everyone for Working Together

Earlier this week, the White House Press Room told MHProNews that, Today, President Donald J. Trump and First Lady Melania Trump will travel to Corpus Christi, Texas, where they will receive a briefing on Hurricane Harvey relief efforts with local leadership and relief organizations. In the afternoon, the President and the First Lady will tour the Emergency Operations Center in Austin, Texas.”

During the storm briefing, Trump commended everyone in his cabinet for working so hard and so well together to provide Texans with everything they need to get through this terrible time. The full video of the briefing is below.

Louisiana and the LMHA

At this point our thoughts remain with those in Texas that are experiencing what we here in Louisiana felt 12 years ago. We remain ready to assist in any way we can,”  said Leonard Kopowski with the Louisiana Manufactured Housing Association to MHProNews.

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Leonard Kopowski. Credit: MHLivingNews.

 

As far as Louisiana, early reports show nearly 2,000 houses affected and 5,000 residents displaced.  The LMHA will stands ready to serve those seeking new homes for their families,” Kopowski said.

Catastrophic and life-threatening flooding continues in southeastern Texas and portions of southwestern Louisiana,” the National Weather Service said in an advisory this morning. “Excessive runoff from heavy rainfall will cause flooding of small creeks and streams, urban areas, highways, streets and underpasses, as well as other drainage areas and low-lying spots.” ## (News.)

(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.

 

 

 

 

 

 

 

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.”

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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.”

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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.

 

 

 

“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.)

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Passages: Brian Raymond Kirby of Heath, Texas

March 8th, 2017 Comments off

Brian Raymond Kirby credit TMHA

Longtime Texas Manufactured Housing Association (TMHA) member Brian R. Kirby, 62, passed away March 4, 2017 at his home in Heath, Texas surrounded by his family after a courageous battle with cancer.

Brian and his wife Deborah began Magnum Home Service in Heath 33 years ago and operate the business with their son Josh. Very able with his hands, he enjoyed planning and building projects, and was the go-to handyman for his family.

An active member of Our Savior Lutheran Church in Rockwall, Texas, Brian enjoyed spending time with his eight grandchildren, delighting in their games and in taking them for burgers and banana splits.

Brian is survived by his wife: Deborah of Heath; mother: Libby Kirby of Battle Creek, NE; sons: Joshua Kirby and wife Jennifer of Heath and Matthew Kirby and wife Alethea of Rockwall; daughter: Rachel Carl and husband Jordan of Dallas, TX; grandchildren: Peyton, Maddie, Tillie, Conrad, Greyson, Kirby Ann, Griffin, Calvin and baby Layla on the way!

Funeral services will be 11:00 am Friday, March 10, 2017, at Our Savior Lutheran Church, 3003 Horizon Rd., Rockwall.

MHProNews and MHLIvingNews extends its deepest sympathy to the Kirby family on their loss.

 

Matthew J. Silver, Daily Business News for MHPronews.

 

Article submitted by Matthew J. Silver to Daily Business News for MHProNews.

 

 

 

Texas Manufactured Housing Association Houston Metro Community Owners Event Approaches

January 5th, 2017 Comments off
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TMHA logo is their property. Photo credit, Getty Images, these are provided under fair use guidelines.

Texas Manufactured Housing Association (TMHA) executive director, DJ Pendleton, will be part of a  January 23, single-day 2017 Houston Market Area Event and forum for manufactured home community owners.

Pendleton will be discussing TMHA’s role during the 2017 Texas Legislative Session, what bills TMHA is working to pass and defeat, the association said in a release to MHProNews.

Topics of discussion include: current market trends, local, national legal and regulatory issues effecting owners, lending trends for community owners, best practices in operating, filling communities and more,” TMHA said.

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D.J. Pendleton. Credit, MHProNews.

Attendees receive a detailed local market report with useful information to help you achieve your community goal in 2017 and beyond. Breakfast and lunch are included with ticket price. Event includes an optional evening Networking Cruise,” contact TMHA for event details.

(Image credits are as shown above.)

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