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MHARR has taken a further step in its effort to slow and reverse intensifying pressure by HUD and its monitoring and inspection agents for manufacturers -- under the guise of "voluntary" cooperation -- to adopt costly changes to their in-plant production oversight procedures that are not required by existing HUD regulations. The focus of this MHARR activity, as you are aware, is on ensuring that, unless and until there is proper rulemaking, any such changes are initiated -- if at all -- on a truly voluntary basis by individual manufacturers and not by regulatory authorities. This is because any "request" by regulators within a comprehensive regulatory system for "voluntary" action above and beyond existing regulations, without a specific document that has gone through the rigors of rulemaking, is accurately perceived as pressure and coercion by the regulated party.

As reported earlier, MHARR, on October 26, 2009, filed a wide-ranging Freedom of Information Act (FOIA) request with HUD seeking the disclosure of an array of documents relating to the genesis of this coercion. Among other things, the filing asks for materials dating back to 2008 showing the substance of closed-door meetings on this subject involving HUD regulators, the program monitoring contractor and third-party Primary Inspection Agencies (PIAs). It also seeks any and all documents used at -- or resulting from those meetings -- as well as materials showing the identity and role of specific participants.

MHARR broadened and expanded this effort on December 1, 2009, with a letter to HUD's new General Counsel (copy attached)asking for a review of this activity and a halt to such regulatory pressure. Please be sure to review this letter carefully, and feel free to share it with your company's technical, regulatory and legal executives.

MHARR's position, as set forth in that letter, is that manufacturers (given all the information currently available) cannot be compelled to implement production oversight changes that are not required by current regulations or standards. Furthermore, any changes that have not been subjected to the rigors of the rulemaking process required by the 2000 reform law should not be forced on manufacturers through regulatory pressure and coercion. While any manufacturer with an interest in making changes to its production oversight practices on a truly voluntary basis, can make appropriate arrangements with HUD regulators and its third-party PIA to do so, any such initiative should come from the individual manufacturer, not as a result of pressure or threats -- real or implied -- from regulators.

Another concern that HUD Code manufacturers should be aware of, is that -- as MHARR has learned -- the industry's other Washington, D.C.-based association (representing the industry's larger producers) has effectively accepted this de facto regulation, under the guise of "voluntary" cooperation, and has been meeting and negotiating with HUD regulators and the program monitoring contractor over its content. These negotiations are apparently designed to "improve" this "process," even though the process itself is fundamentally flawed, as is explained above and in greater detail in the attached letter to HUD's General Counsel. Years of experience with the HUD program have demonstrated, however, that "go-along-to-get-along" negotiations on important matters such as this, only encourages more of the same from regulators while, at the same time, it discourages them from complying with the procedural safeguards that are designed to officially protect regulated parties, such as those contained in the 2000 reform law. In fact, this sort of back-door negotiation on regulatory matters was one of the reasons that led Congress, in the 2000 reform law, to bring regulatory procedures into the open through the transparent MHCC consensus process. And, as the industry is aware, the MHCC has not given its consensus support to HUD's proposed expansion of the existing enforcement regulations.

MHARR will continue with its efforts to bring this HUD activity into the open and to ensure that there is proper rulemaking on any such changes -- if, in fact, they are needed and justified at a time when industry production is below 50,000 homes annually. We will keep you apprised as new developments unfold.


Manufactured Housing Association for Regulatory Reform
1331 Pennsylvania Ave N.W., Suite 508
Washington, D.C. 20004
Phone: 202/783-4087
Fax: 202/783-4075
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Daily Business News Briefs

North Carolina County Suggests Removing MH Age Restriction

North Carolina County Suggests Removing MH Age Restriction

The Greene County Planning Board in North Carolina, after reconsidering the county’s manufactured home (MH) ordinance which restricts homes being brought into the county to no more than 15 years old, has removed the restriction and recommended the decision to the county commissioners. A North Carolina Court of Appeals ruled in 2009...

02 Sep 2014

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Skyline Trades Down as Nasdaq Moves up Modestly; Dow and S&P Slip

Skyline Trades Down as Nasdaq Moves up Modestly; Dow and S&P Slip

In today’s trading on Wall Street following the Labor Day holiday, the Dow and S&P slipped modestly, while the Nasdaq made a minor advance, and tracked stocks closed mixed. However, Skyline Corp. (SKY) dropped -9.17 percent to 3.17, a decline of -0.32 points in the largest fall of stocks we follow, while UMH Properties, Inc. […]...

02 Sep 2014

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Capital Square Realty Acquires three MHCs

Capital Square Realty Acquires three MHCs

MHProNews has been informed by virtual-strategy.com an affiliate of Capital Square Realty Advisors, LLC has acquired three manufactured housing communities consisting of 1,141 home sites in Indiana and Ohio. The largest community is Timberbrook in Bristol, Indiana with 567 homesites set on 103 acres. Woodlake-Summerdale, located in Yoder, IN is...

02 Sep 2014

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Work Stops on Massive Modular Housing Project in Big Apple; Ratner, Skanska…

Work Stops on Massive Modular Housing Project in Big Apple; Ratner, Skanska at Odds

Following a series of stories MHProNews  posted regarding the development of the 32-story, modular housing project by Forest City Ratner and construction partner Skanska intended for Brooklyn’s Barclay Center, work has come to a halt in a bitter dispute over tens of millions of dollars in cost overruns. Skanska idled 157 workers in the ...

02 Sep 2014

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Michigan MH Residents Prepare for Summer Storms

Michigan MH Residents Prepare for Summer Storms

The Michigan Manufactured Housing Association (MMHA) reminds occupants of system-built homes that potentially damaging summer wind and rain storms are at their peak and residents should ensure that roofs are in good condition and rainwater is directed away from the foundations. While manufactured homes (MH) are built to strict federal standards...

02 Sep 2014

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New Home Sales Fall Second Consecutive Month

New Home Sales Fall Second Consecutive Month

According to numbers released by the U. S. Department of Housing and Urban Development (HUD) and the U. S. Census Bureau, sales of newly-built single-family homes dropped 2.4 percent to a seasonally-adjusted annual rate of 412,000 units in July. Initially, according to the National Association of Home builders (NAHB), sales fell 8.1 percent in...

02 Sep 2014

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Modular Multifamily to Rise in Michigan

Modular Multifamily to Rise in Michigan

The Lansing (Mich.) City Council has approved plans for developer Harry Hepler to build 200 modular apartments on the city’s northside, as lansingstatejournal.com informs MHProNews. Summit Street Development LLC has received a conditional use permit to build housing on the property that is zoned heavy industrial. Mr. Hepler says Metro Flats...

02 Sep 2014

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Modular Workforce Housing Planned in Mississippi

Modular Workforce Housing Planned in Mississippi

The possibility of up to seven billion barrels of oil in the Tuscaloosa Marine Shale formation in southwest Mississippi and central Louisiana has led the McComb (Miss.) Board of Selectmen to vote in favor of annexing 40 acres for the construction of a 535-unit modular workforce community. Shale Lodge will include a cafeteria, laundry and […]...

01 Sep 2014

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Hoarding along with dozens of cats found at home in MHC

Hoarding along with dozens of cats found at home in MHC

“Is there an unwritten rule that every third MHCommunity has someone who hoards and/or has a bunch of cats?” quipped manufactured home industry consultant and publisher, L. A. “Tony” Kovach. The comment flowed from the discovery of dozens of cats seized from the Niagara Mobile Home Park in Newfane, NY. “The stench coming from a […]...

01 Sep 2014

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Manufactured Housing’s Labor Day 2014

Manufactured Housing’s Labor Day 2014

Wikipedia says: “Labor Day in the United States is a holiday celebrated on the first Monday in September. It is a celebration of the American labor movement and is dedicated to the social and economic achievements of workers. It constitutes a yearly national tribute to the contributions workers have made to the strength, prosperity, and […]...

01 Sep 2014

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William ‘Bill’ Steenberg, Award winning Steenberg Homes founder, Passage

William ‘Bill’ Steenberg, Award winning Steenberg Homes founder, Passage

William “Bill” Steenberg died Sunday, August 24, 2014, in Ft. Myers Beach, Florida, after a short, courageous battle with cancer. His fiance Wendy was by his side when he passed away. Bill’s children, Julie, Shelly, and Jeffrey and his granddaughter, Miranda, visited a couple weeks earlier in Florida.  Bill founded and owned ...

01 Sep 2014

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Featured Articles and Reports - September 2014 Vol. 5 No. 12

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UnBranding - a Key to Unlocking the Door to more MH Sales?

UnBranding - a Key to Unlocking the Door to more MH Sales?

by L.A. "Tony" Kovach Years before Palm Harbor Homes went into bankruptcy and eventually ended up with Cavco Industries, Palm Harbor ran TV ads showing beautiful, “residential style” manufactured homes. Read more

MARKETING

“Should We Be a More Aggressive Breed?”

“Should We Be a More Aggressive Breed?”

by Nadeen Green, JD Many if not most manufactured housing folks truly make the effort to be compliant with the Fair Housing Act and are well aware of the need to... Read more

COMMUNITY MANAGEMENT & FAIR HOUSING (LEGAL)

Earthquakes & Other Disasters: Are you Prepared?

Earthquakes & Other Disasters: Are you Prepared?

by C. William Dahlin, JD  As reported by major media outlets, a 6.0 earthquake hit Northern California  in late August on a Sunday. Read more

COMMUNITY MANAGEMENT & FAIR HOUSING (LEGAL)

Pool and Spa Safety

Pool and Spa Safety

by Kathleen Bianculli While the end of summer is drawing near and pools in some areas will be closed for the season, in many areas of the country the pool never... Read more

COMMUNITY MANAGEMENT & FAIR HOUSING (LEGAL)

“How Sweet the Rose” - Senior Housing Communities - Advertising Do's and Do…

“How Sweet the Rose” - Senior Housing Communities - Advertising Do's and Don'ts

by Nadeen Green, JD While a rose may smell sweet no matter what it may be called, names are in fact labels. Using the wrong label when you market your senior... Read more

COMMUNITY MANAGEMENT & FAIR HOUSING (LEGAL)

A Breakthrough in Manufactured Home Loan Financing! Discover the One Step P…

A Breakthrough in Manufactured Home Loan Financing! Discover the One Step Program!

by Jerry Bretton In our previous report on SUN, we mentioned that Mountainside Financial has been making loans on manufactured and mobile homes for 14 years. Read more

FINANCING

Are HUD Practices Making Manufactured Homes Less Affordable?

Are HUD Practices Making Manufactured Homes Less Affordable?

by Ron D'Ambra Let's start by saying that, from a business perspective, MORE government involvement is not always viewed as a good thing. Read more

GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

3rd Annual Open Space Pace - September 20th, 2014 – Freehold New Jersey

3rd Annual Open Space Pace - September 20th, 2014 – Freehold New Jersey

by Sam Landy Dear Friends, UMH Properties and Monmouth Real Estate Investment Corporation (MNR) sponsor The Open Space Pace at Freehold Raceway September 20, 2014. The event begins with a 10:00 am parade of... Read more

GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

A Cup of Coffee with… Sheila Dey

A Cup of Coffee with… Sheila Dey

1) Who, What and Where: (Your name, and your role/job title at organization or firm and where you are based.) Sheila S. Dey, JDExecutive DirectorWestern Manufactured Housing Communities Association Read more

GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

5 Reasons for MHPros to Attend the 2015 Louisville Manufactured Housing Sho…

5 Reasons for MHPros to Attend the 2015 Louisville Manufactured Housing Show

by Dennis Hill We could name more than 5 reasons why manufacturers and exhibiting companies as well 5 reasons why attendees from the ranks of retailers, communities, builder developers, installers and... Read more

GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

The High Cost of Low Volume MH Sales for Retailers, Communities, Factories …

The High Cost of Low Volume MH Sales for Retailers, Communities, Factories and others

by L. A. “Tony' Kovach We will demonstrate that the cost of not selling more homes is always high.  Capital is tied up in your inventory, location, general overhead, personnel, marketing,... Read more

GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

Lead, manage or get out of the way

Lead, manage or get out of the way

by Tim Connor, CSP The world is changing at the speed of light. Everything is being touched by this accelerated pace of change. No person, entity, industry, profession, and no part... Read more

MANAGEMENT

Knowledge is Potential Power - 4 Steps and 91 words = Enhanced Manufacture…

Knowledge is Potential Power - 4 Steps and 91 words =  Enhanced Manufactured Housing  Professional Success Infographic

by L. A. “Tony” Kovach We'll share an infographic that explains in 4 easy steps how any MH Industry professional can learn more to earn more. Here is the infographic... Read more

MANAGEMENT

ZigOn Qualities of Success

ZigOn Qualities of Success

by Zig Ziglar Dr. William "Bill" Ross was truly one of a kind and was known for his sense of humor and his zest for life. He had exuberance for... Read more

PERSONAL REFLECTIONS, MOTIVATION and INSPIRATION

Four Ingredients for MH Sales Success

Four Ingredients for MH Sales Success

by Tim Connor, CSP There are four significant areas when it comes to consistent high sales performance. They are: Self-image and self-esteem. Read more

SALES

Upcoming Events

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MHLIVINGNEWS.COM FEATURED HOME OF THE WEEK

Classifieds

Press Releases

2015 Louisville Manufactured Housing Sho…

2015 Louisville Manufactured Housing Show is filling up fast and early!

Attendees, mark your calanders now, pre-registration will open on October 1, 2014. Exhibitors, Reserve your space now.  See download linked here.

the MHMSM Team 02 Sep 2014 Corporate Press Releases

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RV/MH Heritage Foundation Inducts the Cl…

RV/MH Heritage Foundation Inducts the Class of 2014 into RV/MH Hall of Fame

(Back row l-r) Thomas "Tom" L. Kern, Style Crest Enterprises; Ed Evans, EPM; Gary McDaniel, YES! Communities ; Richard "Dick" King, King Insurance (second row row l-r) Barry Cole, Manufactured Housing Insurance Services; Bob Livingston, Good Sam; John D Roba, Roba and Associates (front row l-r) Mrs. James F Shields. accepting on behalf of her husband,James F Shields (deceased), Pan Pacific RV Centers; Debbie Brunoforte, Little Dealer, Little Prices and Peter B Orthwein, Thor Industries. ELKHART, Ind., August 5. 2014 -- The Class of 2014 was inducted into the RV/MH Hall of Fame (Hall) last night in Elkhart, Indiana, in a gala ceremony before a record breaking crowd of more than 440 family members, friends, and colleagues from across the country. The Class of 2014 includes: Debbie Brunoforte, Little Dealer, Little Prices;...

the MHMSM Team 05 Aug 2014 Corporate Press Releases

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Steve Lefler - Modular Lifestyles and Ne…

Steve Lefler - Modular Lifestyles and Newport Pacific – Successfully Gaining Acceptance for Super Energy Saving, Green Manufactured Homes

Learn more at the article linked here, or by calling Steve Lefler, Vice President of Modular Lifestyles, Inc., a division of Newport Pacific Family of Companies at Ph. (888) 437-4587. Email steve@modularlifestyles.com. Steve is a Dual DRE and HCD Salesperson. Advanced Green Building Professional. CEC Solar Wind Retailer/Installer. http://www.modularlifestyles.com ##

the MHMSM Team 01 Aug 2014 Corporate Press Releases

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Sun Communities, Inc. to Acquire America…

Sun Communities, Inc. to Acquire American Land Lease Manufactured Housing Portfolio from Green Courte Partners for $1.32 Billion

Increases Sun Communities' portfolio to 245 communities totaling nearly 90,000 sites in 29 states with a combined enterprise value of approximately $5.1 billion Southfield, MI, July 30, 2014 - Sun Communities, Inc. (NYSE: SUI) (the "Company") today announced that it has entered into an agreement to acquire a portfolio (the "ALL portfolio") from Green Courte Partners, LLC ("GCP") sponsored funds. The ALL portfolio consists of 59 manufactured home communities, including those acquired from American Land Lease, Inc. by GCP in 2009. The communities comprise over 19,000 sites in eleven states, including nearly 11,000 sites located in Florida. Over 14,000 sites, or 73%, of the ALL portfolio are age-restricted.  In connection with this transaction, the Company will assume GCP's right to acquire an additional manufactured home community pursuant to a binding purchase...

the MHMSM Team 31 Jul 2014 Corporate Press Releases

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Mountainside Financial launches Dodd-Fra…

Mountainside Financial launches Dodd-Frank compliant non-MLO, MLO SUN Manufactured/Mobile Home Direct Loans and Refinancing

Using online articles, banner ads and video, Mountainside Financial is announcing the launch of the evolution of their direct lending platform promotion. As a division of San Antonio Credit Union (SACU), Mountainside has a unique 14 year history of making direct to consumer loans on manufactured and mobile homes. Direct loans are often done in "partnership" with brokers, communities, Realtors ®, other housing professionals and manufactured home retailers who refer consumers to them. Anthony Ducharme, Direct Channel Manager for Mountainside, explained how they created their new SUN System with Manufactured Home Professionals in mind who needed a compliant process to navigate SAFE Act and Dodd-Frank regulations enforced by the Consumer Financial Protection Bureau (CFPB). "If you've been originating your own loans, talk to us. If you want to have a legally complaint...

the MHMSM Team 08 Jul 2014 Corporate Press Releases

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