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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

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”

State Association Quits Membership in Manufactured Housing Institute (MHI), Explains in Writing, Why?

February 9th, 2018 No comments

The manufactured housing industry has long been a mainstay of affordable housing in the United States.  For decades the industry has provided an unmatched quality of life with an affordability not seen in any other sector of the housing market.  The homes and the land lease communities in which they are situated have become fixtures across the country providing an affordable, quality lifestyle to all segments of our population.  Over the years it has seen its ups and downs, but has been able to survive and even thrive through the difficult times.  The greatest hindrance and the greatest threat to the industry is not the economy, the homes or the communities, it is governmental interference and over regulation. 

The Manufactured Housing Communities of Arizona (MHCA) is a statewide association representing community owners in Arizona.  As state associations do, the MHCA has been very active and productive at the state level in combatting governmental interference with its burdensome regulations and obstacles.  At the state level most community owner associations have been able to not only monitor proposed local and statewide legislation, but interact with legislators to prevent onerous regulations that are detrimental to our industry.

The MHCA had joined a national association in hopes that we would get the same representation and effectiveness at a national level.  The national legislation and rule making over the last ten years has proven that we do not have that representation.  One only has to look at the passage of the Safe Act and the Dodd-Frank Act to see how devastating and onerous national legislation can be.  Other similar chattel groups (the RV industry) saw the proposals and their representation managed to have them exempted.  The national organization to which we belonged was apparently unaware of the legislation and its ramifications until after passage and it was already being implemented.  The rule making in the aftermath has been horrendous and little if anything has been done to stop the bleeding.  Recently, HUD has issued rules concerning the screening of prospective tenants for our communities.  Again, we find no one aware of what is happening, much less advocating on our behalf.  Installation requirements are being implemented that have no basis in common sense and the result will be additional burdens on community owners and added costs for homeowners.

Due to the lack of effective representation at a national level, the MHCA withdrew its membership from the national association to pursue other avenues of representation. We are not the only state association to do so.  The MHCA has been exploring other options; including hiring a lobbying firm that is prominent in Washington, D.C. 

MHCommunitiesOfAZNealTHaneyPresidentWhyTheyQuitManufacturedHousingInstituteMHIDailyBusinessNewsMHProNews737x214

In some cases, the state associations represent community owners only and in others there is a single association representing all aspects of the industry.  We need a national association to advocate on behalf of community owners.  It does not need to be an association with conferences to attend or one that requires numerous meetings and publications.  Such an association needs to be very narrowly focused on monitoring proposed legislation and rule making.  We need someone to advocate on behalf of the community owners.  This singular task needs to be done at the congressional level and in the departments that make policy affecting our industry.  Every community owner, and every association that is accepting membership dues from community owners, should be concerned with the lack of representation at the national level and should be involved in finding adequate representation.  If you are willing to be a part of the solution, please contact our association office.

Manufactured Housing Communities of Arizona
2158 N Gilbert Road, Ste. 116
Mesa AZ 85203
Phone: 480.345.4202, Toll free 800.351.3350

You may also email our Executive Director Susan Brenton at: sbrenton@azmhca.com.

Thank you for your consideration on how you can help shape the future of our industry.

Sincerely, 

Neal T Haney,
President


##

ManufacturedHousingCommunitiesofAZLogoIndustryVoicesDailyBusinessNewsMHProNews

“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.

About the 41st Anniversary of the Start of Manufactured Housing

June 15th, 2017 No comments

MMarkWeissCEO-MHARR-ManufacturedHousingAssociationforRegulatoryReform-posted-IndustryVoices-MHProNewsThe establishment of the HUD Code was — and is — an important milestone for both the industry and consumers.  The industry itself sought out federal regulation under a preemptive, performance-based, uniform code of federal standards that balances the key factors of safety and cost, along with uniform enforcement within a federal-state partnership.

This type of federal regulation — so long as it is reasonable — allows the industry to pass-along the efficiencies of factory-construction to home buyers, in the form of unparalleled affordability and quality.

By every objective measure available, today’s manufactured homes have achieved the level of quality, durability, and safety that Congress envisioned when it passed the National Manufactured Housing Construction and Safety Standards Act of 1974.

Now, it is time for HUD to take real measures to support and expand the availability and acceptance of those HUD Code homes as Congress directed in the Manufactured Housing Improvement Act of 2000.  To do that, however, will require a major shake-up of the HUD program by the Trump Administration.

Mark Weiss
President & CEO
Manufactured Housing Association for Regulatory Reform (MHARR)
1331 Pennsylvania Ave. N.W., Suite 512
Washington, D.C. 20004
Phone: 202/783-4087
Fax: 202/783-4075
Email: MHARRDG@AOL.COM

UMH Properties’ Sam Landy Reacts to Call to Defund National Public Radio (NPR)

February 18th, 2017 No comments

NPR and UMH both care deeply about people.

UMH has operated manufactured home communities since 1969. We believe enforcement of our rules and regulations is best for the majority of the people who live in our community.

NPR is reminding us that we must exercise our authority with compassion. We welcome outside oversight and criticism as it allows us to objectively evaluate our actions.

As with many op-ed or letters to the editor, the headline and graphics are provided by the publisher, but the thoughts and words published are those of the writer. Other Industry Voices perspectives are welcomed on this or other relevant topics.

We believe in each case covered here, we in fact did the right thing for our residents. and that we did it in a compassionate manner.

We welcome NPR’s follow up.

samlandy-umh-ceopresidentjd_credit-linkedi-posted-industryvoicesmanufacturedhousingindustrypronews-mhpronewsSam Landy, JD
President and CEO
UMH Properties

(Editor’s notes: Mr. Landy’s Industry Voices guest comment came in response to the commentary on the Daily Signal, linked here, calling for NPR to be defunded.  Landy was cited in the article, linked below.

NPR and Fair Housing: Is “Liberal Bias” Creating Fake News?

For the interview, A Cup of Coffee withSam Landy, click here.)

Call to Defund NPR draws Manufactured Home Community Owner Richard Nodel, Nodel Parks, Reaction

February 18th, 2017 No comments

Negative coverage of our industry is something many media outlets are guilty of, but I am a patriot first.

Anything that is an abridgment of our constitutional rights is a greater threat to all of us than just a negative news article.

Let’s fight bad information with good information, and not have to resort to unAmerican activities like censorship of the media.

Just because we don’t like the report, do we try and shutter the source? ##

RichardNodel-owner-NodelParks-manufacturedhomecommunities-posted-IndustryVoices-manufacturedhousingindustrynewsMHProNews-com-150x218Richard Nodel
Nodel Parks

(Editor’s note: Richard Nodel’s Industry Voices guest comment came in response to the commentary on the Daily Signal, linked here, calling for NPR to be defunded.  Landy was cited in the article, linked below.

NPR and Fair Housing: Is “Liberal Bias” Creating Fake News?)

AnythingAbridgementConstitutionalRightsGreaterThreatThanNegativeNewsArticleFightBadInfowithGoodInformationRichardNodelIndustryVoicesNodelParksMHProNews

The headline and this text graphic are provided by the editor, as is common with most publications. The comments are those of the writer, Richard Nodel.  Other thoughtful comments by Industry Voices on this or other topics of professional interest are encouraged.

Discrimination, Injustice against manufactured housing – a Call for Action by Industry Professionals

August 30th, 2016 No comments

Tony, this news story out of Dover, DE is yet another example of blatant agenda and discrimination against our industry. More importantly, this is discrimination against affordable housing and the individuals who live in manufactured or pre-fabricated homes.

If anything, this Dover zoning/MHC story is a case of officials harming their own constituents. Rent control is proven not to work, save to drive out more affordable housing over time. Further, in neighboring Maryland, there are conventional houses built on land-lease.  Do you see the excuses used against manufactured homes in Dover being used against those conventional houses built on a land-lease in Maryland?  No.

TMHA’s D. J. Pendleton, quoted in the article linked here, was correct.  Excuses by public officials to deny manufactured homes are often fig leaves, mere window-dressing used to discriminate against manufactured housing, land-lease communities and sizeable groups of Americans.

The problems with the ABC TV news story out of Houston is also a case of media ignorance or bias.  By saying what kind of housing the shooting took place, almost implies that the house had something to do with the crime.

When have you ever heard a reporter say, “there’s been a murder in a site-built home”…?

LisaTylerPhDWilliamPMcCartyPhDToddLambLambInvestmentsManufacturedHomeCommunitiesCrimeBradNelmsManufacturedHomesModularHomes-com-postedMHProNews-com

Graphic credit, MHProNews.com. The Dover story Brad is commenting on, is linked here, or by clicking the image above.

Lisa Tyler, Ph.D. and William P McCarty, Ph.D. have researched this issue of crime in manufactured home communities, and have disproven the old MHC’s and crime myth.

Todd Lamb is correct. Hands-on owners and managers who properly run their manufactured home communities – and lawfully screen for criminal history – will routinely find less crime than conventional housing neighborhoods in the same area.

However, I believe more than anything that these injustices should be motivation for us as an industry to do everything we can to elevate our brand identity.

If we continue to be complacent, history will continue to repeat itself and we will see more and more zoning laws that harm and hinder our much needed American manufactured home industry. ##
Editor’s Note, the comments above were submitted in reply to the story linked here, and to another story we will link up soon.)

brad-nelms-coo-manufactured-homes-com-posted-daily-business-news-mhpronews-comBrad W. Nelms
Mr. Nelms works with ManufacturedHomes.com and ModularHomes.com,
two companies dedicated to raising the brand image of manufactured homes and modular homes.

MH Industry Pro – and Self-Professed “Non-Writer” – Exonerates MHI staffers?

August 9th, 2016 No comments

I have known the executives that have managed MHI from Jerry Connors to Dick Jennison and they have all done a great job in different ways but they have also been criticized throughout their tenures.  It is a difficult task uniting and working with all segments of the MH industry which have so many individualists.

MHI has been and is the only national MH association sustaining MH financing divisions. MH money institution masterminds are allowed to join, serve, speak and run for seats on the board.

BarryCole-MHIS-RVMHHallofFame-DifficultTaskUnitingWorkingAllSegmentsMHIndustrySoManyIndividualsists-postedIndustryVoicesMHProNews-

It is a democracy that allows MHI management to hear from the best of our financial leaders.

So when I hear that MHI execs are failing their mission, it appears unwarranted, as they get all of their financial leadership and information from an accord of the best Pros in MH Finance.

We have had many MH lenders who have come and gone – from Security Pacific, All Valley Acceptance, GreenTree, Washington Mutual, Bombardier, Chase and Origen to mention a few – and MHI continues to be the go-to group to join, because they are the most knowledgeable, trustworthy and the hardest working national MH association.

It is stated that MHI is controlled by a few companies which make up 70% of the MH business, but thank God that they and other smaller companies are doing business as we need them all.

MHI execs and staff are allowed to make mistakes, as (do) you and I, but they should be markedly thanked for enduring negatives from naysayers and thus continue on with doing their capable work.  ##

barry-cole-rv-mh-hall-of-fame-manufactured-home-insurance-services-mhisBarry Cole
MHIS.info
2016 RVMH Hall of Fame Spirit Award Winner

Editor’s Notes: Click here see A Cup (err…glass) of Beer with…Barry Cole.

Barry – a respected industry colleague and a gentleman whom I consider an industry friend, is writing in response to critiques here on MHProNews, see the example story linked here.  For what its worth, from my perspective, Barry is modest as well as gentle, humorous and writes quite well indeed.

Other perspectives are welcome on this or other related industry topics. Does Barry refute the points made in the link above, or is this Op-Ed from him more of a feel-good for his supporters in Arlington, VA?

We Provide, You Decide.” ©

Proposed Austin Area Manufactured Home Community Blocked – TMHA’s DJ Pendlenton’s Reaction

July 22nd, 2016 No comments

This is an unfortunate outcome.  Here was a situation that seems to be a perfect fit for a new manufactured home community development.  The 10 acres in question residing in the city are attached to 50 more acres in the county – where it is anticipated that the property owner will create a new community anyway – at least according to one of the commissioners. 

The Cactus Rose community in Austin has grabbed headlines and sparked all manner of reactions from the media and politicians, including efforts to now include manufactured home tenants in a Tenant Relocation Project the city is working on. 

Here is an owner that would accept the displaced residents, which up until now there are no other options for them and a clear unwillingness by the city to lift zoning prohibitions elsewhere or create a new community with city land. 

However, this solution was rejected by advocates of Cactus Rose due to lack of public transportation, presumably hoping to hold out and continue to leverage their situation to get a bigger buyout or dedicated land from the city they deem acceptable.

DeValleNeighborsLobbyAgainstMobileHomePark-graphicCredit-AustinMonitor-postedTMHAsDJPendletonIndustryVoicesMHProNews-

Graphic collage credits, top image/headline – Austin Monitor. Bottom photo/text – MHProNews.com.  See related story, linked here.

The blatant pre-textual reasons provided by those who testified against and voiced by some of the commissioners, while frustrating and illogically, are sadly nothing new. 

Citing concerns over flooding because the engineer told a nearby homeowner they would be “re-grading” the land, increased traffic congestion, and taxing a nearby school that is already at capacity, can seem reasonable out of context. 

Trouble is many of these same opposing views were fine with single family (housing), or as one commissioner mentioned, multifamily projects for the exact same 10 acres. 

Any of the alternatives that are deemed acceptable would have the same impact on land topography changes, and increased traffic and school congestion.  If these are in fact the concerns, then logically the only thing they should have been advocating for or acceptable with is no development ever of any kind. 

As pointed out in the article, it can appear traffic, schools and flooding were the issues presented, but what was really driving those in opposition were not those issues.  They were opposed to the people they stereotyped in a public meeting that they thought they could expect to move near them, because they viewed those people as bringing increased crime and vandalism. 

Like for so many diversified housing development decisions that fall short politically, not from logic or sound argument, but rather those who would tell you they are for affordable housing options, just Not-In-My-Back-Yard (NIMBY-ism). ##

dj-pendleton-mhpronews-com-executive-director-texas-manufactured-housing-association-DJ Pendleton
Executive Director
Texas Manufactured Housing Association (TMHA)