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The Importance for Businesses and Investors in Manufactured Housing for Selecting the Next Supreme Court Justice

June 30th, 2018 No comments

Predictability in law is the key to a prosperous Republic. Laws must be interpreted based on the language in them first and foremost. Only, when the language is unclear, should a judge seek evidence on related legislative discourse and legislative intent at the time the law was passed to help interpret it. Otherwise, law risks becoming whatever a particular Judge or powerful person/group wants it to be.

This was the consistent judicial philosophy of former Justice Antonin Scalia, and often adopted by Justice Kennedy.

Seeking Justices who interpret the laws based on their personal conclusion of what culture wants or what one Legislator said about a law, or what the law means in another country, results in the creation of different law created by the Judicial Branch, the branch of government neither elected by nor accountable to the people.

PredictabilityInLawIstheKeyToAPropserousRepublicKurtKelleyManufacturedHousingIndustryDailyBusinessNewsMHProNews

Illustrations like the above and the headline are supplied by the editor of MHProNews, which is customary for a guest column. The text supplied are the unedited, thoughtful words of Kurt Kelley, delivered via email, on the topic of the importance of who will replace Justice Anthony “Tony” Kennedy on the nation’s high court.

Justice Sotomayor’s recent dissent opinion regarding the “President Trump Travel Ban” is an example of the danger of violating Scalia’s decision formula. She based her emotional opinion on what she viewed as President Trump’s intent as evidenced by select things President Trump said while campaigning, versus what the law specifically said in plain English. Justice Sotomayor concluded the law was a ban on all Muslims entering the United States. However, the “Trump Travel Ban” neither states this nor is it applied in such fashion by Border Control. ##

KurtKelleyJDMobileAgencyMHRManufacturedHousingIndustryVoicesMHProNewsKurt Kelley, J.D.
Mobile Agency, MHR
The Woodlands, Texas

 

 

Others are invited to sound off on this, or other industry topics.

Related Report:

“I Hate Politics!” – Bedminster Watch, and Manufactured Housing Shipments

Law Allows Real Estate Personnel to Sell Homes in Your Manufactured Home Community

March 7th, 2018 No comments

Real estate personnel are now allowed to sell homes in manufactured and mobile home parks without first having to be licensed as a broker under the Arizona Division of Manufactured Housing, Department of Housing.

The new law [in AZ] allows:

1) Licensed real estate brokers and salespeople to sell new or used manufactured homes and mobile homes located in mobile home parks if the licensed broker or salesperson is acting as an agent for a licensed Manufactured Housing Dealer and the Dealer is responsible for filing all of the required paperwork and submitting the required fees on the sale of the home

2) Licensed real estate brokers and salespeople to sell used manufactured homes and mobile homes located in mobile home parks if they are acting on behalf of a private party and the broker or salesperson then remains subject to the real estate licensure requirements

MHCA’s task force on this topic, consisting of Greg Johnloz, Keith Vanderhout and Mel Comstock, are done with all of the forms real estate personnel will need to sell the homes. MHCA hired a law firm which works with the Arizona Association of Realtors (AAR) to prepare the forms, and then sent them to MHCA’s attorneys for review. AAR has shared the contracts and information on this law with their members and we should find some realtors interested in selling our homes.

RealEstatePersonnelCanSellMHCASusanBrentonManufacturedHousingIndustryVoicesDailyBusinessNewsMHProNews

In addition, MHCA is preparing a three-hour class on selling homes in our communities and hopefully it will be approved as a class eligible for the continuing education required of real estate personnel. We will also be working with the 12 different Multiple-Listing Services in Arizona on this topic.

MHCA believes this is an important new law which will bring more prospective buyers into our communities. ##

Susan_BrentonManufacturedHousingCommunitiesAZ-DailyBusinessNewsMHProNews202Susan Brenton
MANUFACTURED HOUSING COMMUNITIES OF ARIZONA

2158 North Gilbert Road
Suite #116
Mesa, AZ 85203

Editor’s Note: the headline and the graphic/quote are provided by the publisher, as is customary.

Manufactured Homes – Access & Equity – a Key Cure for America’s Housing Shortages, Wealth-Building Says Activist Donald Tye, Jr.

March 6th, 2018 No comments

Manufactured housing could cure most of the ills we have in this country as it pertains to the housing shortage.

Why then is it not being utilized as it could be?  Especially when it is known what the consent of the governed has been towards its use, i.e.: HUD?

The answer lies in the fact that super-capitalists and monopolies controlled by the few, lobby against the very democracy that afforded them the billions they have at their disposal. They are able to do this by making sure that on every level of the socioeconomic hierarchy, they have agents, allies, or directors forming what is called an Interlocking Directorate. 

These directorates can be very deceptive, because most times their job is not to steer but just to glean information to disseminate to the titular head of the organization. Many an activist, including myself, have fallen prey to this type of hidden maneuvering and manipulation.  Warren Buffett is among such Americans.

RevDonaldTyeJrManufacturedHousingAdvocateQuickestWayWealthIndustryVoicesMHProNews550

Housing and Civil Rights, Super-Capitalism vs. Democracy

I was never in agreement with parts of the Civil Rights Movement as it pertained to making people do what they otherwise did not want to do. I believe that if you don’t want me in your store, then I should not go to your store.

However, I do believe in equal access.

I believe that people participating in a Democracy should be granted all the same access, holding to the words of the Declaration of Independence; “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”

Simply put, a Democratic Government should give equal access to the governed. To all people who are citizens, black, white, yellow, etc.

It is in this vein that my parents, and I as a parent, disagreed with affirmative action. If you gave me access to: living wage jobs, bank loans to purchase a home and an equally unencumbered education, then I could do the rest by myself! That in and of itself is reparations.

I have said before that home ownership is the quickest way to build wealth.

Our personal experience with buying and paying off a factory-built home, in the days before the HUD Code for manufactured housing came into being, is another indicator that manufactured homes can rise in value side-by-side with conventional housing.

HUD and public officials need to make enhanced preemption of manufactured homes a reality. What else will fix the problem millions face caused by locals and officials blocking access to wealth-creating affordable? ##

RevDonaldTyeJrManufacturedHousingAdvocateIndustryVoicesMHProNews338

Rev. Donald Tye, Jr.
Actively Retired
Minister, Investor, and Business Professional

 

(Editor’s Notes: Rev. Tye has recently returned from Puerto Rico, where he saw the post-hurricane challenges first hand.  He’s also involved with investors in transformational studies in housing.  Tye is actively advocating for the use of the enhanced preemption passed into law by the Manufactured Housing Improvement Act of 2000.  The links below are related topics that sparked the letter provided by Tye above to MHProNews for publication.

Tye has also provided a sample of legal research from Harvard University on the challenges and problems that can be created by interlocking directorates. Stay tuned for that report…Titles to articles and illustrations are routinely provided by the publisher, as is the case here.)

 

Progressive “Nation” Reports on Monopolies Cites Buffett, Clayton, Others – MH Industry Impact?

YIMBY vs. NIMBY, Obama Admin Concept Could Unlock $1.95 Trillion Annually, HUD & MH Impact

Urban Institute Ask for Correction in Analysis of their Manufactured Housing Research, “Follow the Facts,” “Follow the Money”

“No Greater Resource” in Manufactured Housing Industry

January 16th, 2018 No comments

Dear Tony and Soheyla,

Thank you for your great reporting on our industry and the challenges we face as independent retailers.

There is no greater resource that speaks to the issues and opportunities than your publications.

We are glad you spotlight the key issues we need to address to succeed.

GusRodriguezTejasHomesConroeTXIndustryVoicesDailyBusinessNewsMHProNews

“Too bad not enough fellow retailers are planning accordingly.”  Thank you both.  ##

 

GusRodriguezTejasHomesConroeTxGus Rodriguez
Tejas Homes,
Conroe, Texas.

McCrory Lawsuit – “Significant Victory Against Zoning Discrimination” – Manufactured Homes

November 30th, 2017 No comments

The McCrory lawsuit is a significant victory against zoning discrimination that many working families in Arkansas face from cities and towns when they attempt to place a factory-built dwelling unit in a territorial jurisdiction governed by municipal ordinances and regulations.

Although federal regulation preempts cities from out-and-out discrimination against units built in compliance with the Federal Manufactured Home Construction and Safety Standards – the Department of Housing and Urban Development (HUD) has been hesitant to enforce the ‘enhanced preemption’ granted in the MHIA of 2000 – –  or even the Department’s own ‘preemption policy’ or statement of ‘internal guidance’ on local zoning matters.

And, even though state law in Arkansas prohibits cities from totally banning manufactured/modular home placements; restricting them only to rented lots in ‘parks’; or setting conditions/restrictions that are dissimilar to those for ‘site-built units’ – a number of cities still attempt to unduly restrict MH placements due to unsubstantiated fears of plummeting property values and ‘undesirables’ that their decisions-makers fear will inhabit such domiciles.

ZoningDiscriminationAgainstManufaturedHomeJDHarperExecuitveDirectorArkansasManufacturedHousingAssociationAMHAlogoIndustryVoicesDailyBusinessNewsMHProNews

We hope this decision will cause city leaders to consider other, non-arbitrary factors when making decisions about home placement within their towns.

When our organization is allowed to provide advice to cities on how to address the placement of factory-built units within their boundaries – we always caution against arbitrary restrictions (i.e. home value, age, etc.) that would determine if a home would be allowed.

Several tiny cities around McCrory had enacted similar restrictions, and have made changes to their ordinances in response to this lawsuit.

HUD-CodeEnhancedPreemptionManufacturedHousingImprovementAct2000IndustryVoicesJDHarperAMAADailyBusinessNewsMHProNews

The McCrory settlement was obtained by  Equal Justice Under Law,  a civil rights organization. The case will be the subject of a Daily Business News report. The headline and these graphics were provided by MHProNews, as is customary in trade media and other forms of journalism. The text comments were sent by JD Harper to MHProNews for publication. Other perspectives, comments, and news tips are welcomed. Send to iReportMHNewsTips@mhmsm.com with a bold subject line that says NEWS TIP or LETTER TO EDITOR, thank you.

If decision-makers in cities [particularly smaller towns] would take a look at today’s manufactured housing – instead of relying on outdated images, preconceived notions, and the myths, misconceptions and stereotypes that seem to be inextricably linked to this product – I believe they would find it relatively simple to develop ordinances and regulations that would allow the regulated placement of factory-built structures on individual lots and in multi-site developments in a manner that would encourage affordable housing growth.

The McCrory settlement is just another arrow in the quiver to use when city leaders attempt to discriminate against people who might not make as much money as the members of the planning commission or city council – or at least don’t want to spend more for a site-built home. ##

JDHarperExecutiveDirectorArkansasManufacturedHousingAssocPostedMHProNews

By JD Harper
AMHA

A Tale of Broken Hitches

November 29th, 2017 No comments

If you have been in the industry for anytime at all, especially in the area transportation, you have had a hitch failure. It always comes as an inconvenience, but can cause major damage, and injury to other motorists.

Unfortunately, that isn’t where this story starts.

This one starts on a somber November morning when 26 families are told they would be forced to leave a park many had lived in for years.

Some cried, some were mad, some just stood in shock!

The main question, of course, was why?

The owner was a nice compassionate man who had owned the park for years. The park was over 95 percent occupied. I went to see him and investigate what was happening.

Could this all just be a misunderstanding?

The meeting between the owner and I was a solemn one. He stated that it was true.  He was closing the park, and making everyone move.

Normally this isn’t that major of a concern, but this is the third park in my area to close or be re-purposed in less than one year.

Many of their residents live below the poverty line, and are struggling to make ends meet.

Where are they to move to?

Their homes will not pass many park requirements, due to age, and they cannot trade up to a new home that would pass due to their financial position.

This leaves many home owners to simply throw up their hands and walk away.

I asked the park owner to sell. I didn’t want it, nor is it in my long-term plans, but it made better sense then closing.

He declined my offer. He stated that the major driving force in the closing was state and city regulators. The city had recently annexed the area, and TECQ also played their part.

When it was all said and done, the owner couldn’t complete with such force. 

So, I set out with the team to help as many as we could.

We are working with 6 families and have moved 2.

This is where we come to our broken hitch. Due to the age and condition of the homes, we require a hold harmless be signed by all parties.

ShawnFullerIntegrityHomesManufacturedHomeProfessionalDailyBusinessNewsMHProNews

We know that these homes can be moved, but must be moved cautiously.

Sure enough, I pulled the most difficult one, and less the 3 miles from its new home, the hitch and header plate failed.

That’s the bad. It gets worse. It happened in front of an affluent high school right after lunch. And within minutes, we had over 15 police officers from 4 different agencies on the scene.

A not so simple repair became almost impossible with the red tape created in a matter of minutes. Some may be asking, why go that way?

It was our only permitted route.

Needless to say, we were able to make the repairs, and get the home safely transported.

The damage? None. I never went over 35 mph the entire time I was moving the home. And due to the fact I was in a school zone I was traveling between 10-15 mph.

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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.

We were on site with the home before dark, and with a happy customer. She even argued with the officers that we had done nothing wrong. 

So here is my question to the industry.

What if? What if we get to a place where we don’t have a place to put our products because of overzealous regulators who run good small-and-large parks out of business?

We sit back, and say this can’t happen but it does everyday.

Also what happens when we take “affordable housing” out of our vocabulary, what are we? Just housing…like everybody else.

We need to be collectively active in protecting our industry. 

The two families that we were able to help had their homes installed before Thanksgiving, and I am wishing them a Merry Christmas. ##

ShawnRosaFullerIntegrityHomesTexasManufacturedHousingIndsutryVoicesManufacturedHomeProfessionalsMHProNewsBy Shawn Fuller,


MH Industry Professional, Texas

 

(Editor’s Note: Shawn’s story reminds me of Marty Lavin’s Back to the Cornfields, linked below, and stories too numerous to link. Comments or news tips on this or other industry relevant topics are invited at the link at the right.)

 

“Make MH Great Again” – Marty Lavin Exclusive

Now You Will Hear — the Rest of the Story

November 21st, 2017 No comments

JamesJimRAyotteCAEExecDirectorFloridaManufacturedHousingAssociationLogoIndustryVoicesBlogManufacturedHomeIndustryProfessionalNewsMHProNewsI have been a vocal critic of HUD’s Alternative Construction (AC) approval for carport-ready homes.  I don’t believe an AC approval for homes built with a host beam is warranted or that the AC approval process is the proper regulatory procedure.

I communicated my concerns to Pamela Danner, Administrator of the federal manufactured housing program in a face-to-face meeting.  I pointed out that there is no basis for requiring AC approval for homes designed carport-ready because HUD’s own Hurricane assessment data showed that no post-1994 constructed homes experienced more than exterior finish damage.  HUD’s assessment was consistent with the findings of the Florida Department of Highway Safety and Motor Vehicles (DMV) after four 2004 hurricanes (Charley, Frances, Ivan and Jeanne) and Hurricane Wilma in 2005.  The DMV evaluated 52,233 mobile and manufactured homes and concluded no post-1994 homes experienced significant damage.

I also discussed the negative economic impact that HUD’s new policy would have on the manufactured housing industry.  In Florida, carports are a big deal.  Most land-lease communities require carports and an estimated 4,500 new carports will be installed this year. The cost of HUD’s new carport inspection requirement will be significant – in excess of $2 million a year in Florida alone, not counting the additional costs that will be incurred by home producers for obtaining design approval and conducting pre-onsite inspections. This cost will be borne by the homeowner who is installing the carport and those home owners will receive little or no benefit.

While I was disappointed that the hurricane assessment data that I presented to Ms. Danner did not result in the withdrawal of the AC approval requirement for carport-ready homes, the story doesn’t end there.

Florida is different than most states in that carports are regulated by the Florida Building Commission.  A building permit is required to install a carport and 100 percent of carports are inspected by a local building inspector to ensure that they comply with the Florida Building Code.  After not being able to convince HUD to rescind its carport AC approval requirement, I raised the possibility of combining the HUD on-site inspection requirement with the local building permit process to achieve a more efficient and cost effective process for satisfying  HUD’s requirements.  Pamela Danner was receptive to exploring this option and she proactively reached out to the Florida SAA and the Florida Building Commission for additional information.  Over the past few months I have been working with HUD, the Florida SAA, and Florida building officials to address some technical and logistical concerns.  Progress is being made.

AsAssocExecutiveMyJobAssessSituationSeekBestPossibleOutcomeBasedOnFactsAsIKnowThem-ManufacturedHousingIndustryVoicesDailyBusinessNewsMHProNews

This graphic highlighting a quote by Jim Ayotte was created by MHProNews, and was not part of Ayotte’s submission. As an FYI, in journalism, spotlighting a quotation, and headlines, are often done by the editor or publisher.

While the solution I am working on is not the one I wanted, I learned a long time ago that regulators have broad discretionary authority to impose certain regulatory requirements. As an association executive, my job is to assess the situation and seek the best possible outcome based on the facts as I know them.  Eliminating duplicative onsite inspections for carports will save Florida manufactured home buyers over $2 million a year in unnecessary regulatory costs.   This will make manufactured housing more affordable and that cost savings may be the difference between purchasing a new manufactured home or not.

While I disagree with HUD’s policy on carport-ready home designs, I will continue to collaborate with Ms. Danner and HUD to achieve the best results for our members and the industry at large.

So, in the infamous words of Paul Harvey, “And now you know — the rest of the story.” ##

(Editor’s Notes: while not stated in Ayotte’s request to publish this op-ed, industry readers may note that this column pertains to an issue raised by another award-winning state association executive, Andy Gallagher.  Gallagher recently pointed to the research that Jim Ayotte did about HUD and items related to this column by FMHA’s executive.  More on how Gallagher is related to this issue raised by Ayotte, are linked here and here. For an exclusive on the Trump Administration’s reported plan for HUD’s Pam Danner, click here. The headline was requested by Ayotte, and the graphic above that highlights a quote, was created by MHProNews. We Provide, You Decide.”©)

JamesJimRAyotteCAEExecDirectorFloridaManufacturedHousingAssociationLogoIndustryVoicesBlogManufacturedHomeIndustryProfessionalNewsMHProNewsJames R. Ayotte, CAE
Executive Director
Florida Manufactured Housing Association
1284 Timberlane Road
Tallahassee, FL  32312

MHC Pro, Paul Bradley, Sounds-Off on New Loan Program for Manufactured Home Owners

October 11th, 2017 No comments

Hi Tony,

Great announcement, huh?  Here’s my take and on-the-record comments:

First, understand that MH in land lease communities in NH is titled as real estate.  Hence, a lender makes a mortgage loan even if they’re financing only the home. Such a mortgage does not include the land and does not disrupt the underlying commercial financing.

Second, Fannie Mae began approving ROCs in 2008 for home only mortgage financing.  Unfortunately, soon after, the PMI companies left the market (due to the recession and problems in the residential mortgage market broadly) so the program languished with just 10 ROCs and two local banks for nearly a decade.

Last week’s announcement brings new life to this program.  The NHHFA will empower its originating lenders to originate residential mortgage loans for homes in ROCs and in turn sell those mortgages to Fannie Mae.  This will make long-term, fixed rate residential loans available on homes in ROCs.  With PMI, borrowers can pull down 95% LTV loans.  It’s how the mortgage market works.

PaulBradleyDutyToServeDTSChattelLendingManufacturedHousingIndustryHomesFannieMaeFHFAIndustryVoicesMHProNews

Editor’s Note: Graphic above and the headline are provided by the publisher, as is common in media. You can download the original article that Paul Bradley is commenting on, from this link here. To learn more about ROC USA, click the graphic above.

Now, two things:

  1. This is the very construct that land lease owners could establish.  In fact, it’s what Freddie Mac went to market with in the mid-2000s with a leasehold loan product that required titling as real estate.  Several states created an “opt in” real estate titling law for MH to take advantage of the program.  And, since, the Uniform Law Commission passed an opt in titling law for states to adopt.  It’s all in waiting.

 

  1. Residential mortgage loans will carry longer terms and lower interest rates than chattel even if the GSEs enter the chattel market with pilots next year.  That’s because mortgage loans are going into existing and very large securities.  Chattel will have a different securitization path.

So, as I’ve said in several industry talks I’ve given on the subject, there are parallels to what we’re doing for industry players interested in providing long-term secure homeownership opportunities.

Further, if a community owner is interested in selling and seeing their legacy continued with innovation like this, they should consider a sale to the residents.  We can help with that and enroll these communities in forward looking, transformative work like this HFA and Fannie Mae financing program.

We’re building a national network on the principle of security for homeowners, and it’s working!  Work for you?

Thanks.

PaulBradleyROCUSA-postedMHProNews-com-75x91-

Paul Bradley
President, ROC USA

Award Winning Manufactured Home Retailer on FEMA Takeover, Impact on Independents

September 28th, 2017 No comments

Manufacturers down here were 4 to 6 weeks out before the storms.

Many of us can remember Katrina and tracking down houses that were abandoned at a truck stop or on the side of the highway, en route because the driver could make so much more money pulling for FEMA “right now.”

There is legitimate reason for concern.

If they commandeer a large portion of production/plants, all of us independents are going to feel that hit and, depending on your suppliers, that could be a BIG hit. ##

The scale of the loss in TX may lead to legally negating NIMBY as well. That would make the danger much greater for the independents. ##  (Editor’s Note: Crawford is responding to the reports about FEMA taking over production lines, and the potential impact on independent retailers, communities and producers.  See the most  report, linked here.) 

BobCrawfordDickMooreHousingPresidentFacebookIndustryVoicesManufacturedModularHousingProNewsBob Crawford
President
Dick Moore Housing

A Much Better Way for FEMA, Taxpayers, Says Manufactured Home Industry Professional

September 17th, 2017 No comments

I expect that all manufacturers, while agreeing with The Stafford Act, believe there is a much better way. Respect for the taxpayer certainly does not appear considered with many government purchases. 

To serve those affected by disaster, we should, but most believe we can:

Save the taxpayer money with an adjusted set of requirements, to build MHU units via the HUD code but omit the sprinkler system requirement and many other overreaching requirements. The savings are significant.

ControversiesErruptFEMAPressesHUDCodeBuildersManufacturedHomeRetailersIndustryProsReactMHProNews

These comments were shared in response to the story linked above, click for details. Off the record comments are a time-honored tradition in media, which we respect. Naturally, MHProNews routinely seeks to discern how valid (or not) a claim may be, and strives to publish only those that meets that discernment process standards. 

Save the taxpayer money by eliminating the need for storage yards through the ability to build with inventory manufacturers know they can procure and build almost immediately. The units could go immediately to FEMAs set disaster location and be immediately deployed. The savings could be significant.

Save the taxpayer money by disallowing MHU units to be pulled wherever, whenever and back again. With the ability to expedite production, this unnecessary transportation can go away. The savings could be significant

Save the taxpayer money through a warranty provision that is not punitive for minor cosmetics. Who cares? What family would be ungrateful for an MHU unit with A few blemishes? The savings to FEMA, would be significant. Manufacturers would not have to hedge.

Save the taxpayer money by streamlining the inspection processes, the IPIAs that are trusted to inspect/approve our industry’s homes that are bought by hardworking Americans with lenders respecting the loans should be able to inspect Temporary housing units. The savings would be significant.

Establish a requirement for care by the residents occupying the unit to protect it, just like any landlord might do. Design the floor plans for resale where the loss for purchase to liquidation is not so excessive.

There is much, much more that could be considered.

It is not FEMA’s money. It is the taxpayers. I believe our industry believes in a better way!

Please keep me off the record. Thanks.” ##

DefiningSICinJournalismDailyBusinessNewsMHProNews-com

iReportManufacturedHomeHousingIndustryMHProNewsTipsLogoGraphic(Editor’s Note: the above is from a respected veteran of the manufactured housing industry known by this publisher.  It came in response to the report linked here. Due to the sensitive nature of his role, he has requested anonymity, which we routinely honor.  The typos are in the original, and we opted not to use the SIC graphic where they occurred. There will be a follow up report on the Daily Business News on a related issue Monday morning, Sept 17, at about 3:04 PM ET. Other reports will follow. )