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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

Sun Posts Positive Returns for Q2, 2015

Sun Posts Positive Returns for Q2, 2015

Sun Communities, Inc. (NYSE:SUI) reported earnings of $0.87 per share for the second quarter, besting analysts expectations by $0.04 per share, and besting earnings for the same quarter last year by $0.09 per share, according to dakotafinancialnews. Sun’s revenue was up 40 percent on a year-over-year basis, $165.90 million for the quarter...

30 Jul 2015

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Skyline Gains +3.65%; Most Manufactured Housing Stocks Rise

Skyline Gains +3.65%; Most Manufactured Housing Stocks Rise

In the news from CNNMoney:  Gold may fall to $350. China’s stock market is nearly in a free fall. U. S. economy grew 2.3 percent from April to June. Median home price in the U. S. is $236,000. Meanwhile, the Yahoo Manufactured Housing Composite Value (MHCV) gained +0.76 percent to end the day at 964.07. […]...

30 Jul 2015

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Pending Home Sales Fell in June

Pending Home Sales Fell in June

According to the National Association of Realtors’ (NAR) Pending Home Sales Index (PHSI), pending home sales declined in June, for the first time in 2015, following five straight months of increases. As themreport informs MHProNews, the drop was -1.8 percent in June to 110.3, but remains 8.2 percent above the year-ago level of 101. Despite...

30 Jul 2015

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Modular Solar Decathlon Entry up for Sale

Modular Solar Decathlon Entry up for Sale

The modular home that placed ninth in the 2013 U. S. Department of Energy Solar Decathlon competition is now up for auction by Reid’s Auction Canada Inc. Borealis, constructed by University of Calgary and Mount Royal University students features an array of roof-mounted solar panels that generates as much energy as it consumes. According to...

30 Jul 2015

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Modular House Available from Ikea

Modular House Available from Ikea

Although not all of their merchandise can be ordered online, Swedish furniture manufacturer Ikea has developed an entire modular house they will build and flat-pack ship to you for only $86,000. In conjunction with architecture by IdeaBox, less than dramatic would define this clean-lined abode. The 745 square-foot home, the Aktiv, features an open...

30 Jul 2015

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Seeking Problems/Success Stories with Siting Manufactured Homes in Texas

Seeking Problems/Success Stories with Siting Manufactured Homes in Texas

In the wake of the story MHProNews posted July 22, 2015 regarding the city council of Huntsville, Texas changing its mind to allow manufactured homes (MH) within the city limits after first denying their placement, Executive Director D. J. Pendleton of the Texas Manufactured Housing Association (TMHA) has issued a call for other cities that...

29 Jul 2015

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Dow Rises 121 Points; Rise in Interest Rates once again on Hold

Dow Rises 121 Points; Rise in Interest Rates once again on Hold

In the news from CNNMoney: Interest rates likely to rise in six weeks. Cigarettes are harmful, but shares of Marlboro maker Altria are up over 30% the last 12 months. Toshiba’s interim CEO takes 90% pay cut. Hot air returns to Tom Brady’s denial: “I did nothing wrong.” Meanwhile, the Yahoo Manufactured Housing Composite Value […]...

29 Jul 2015

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Federal Emergency Management Agency Seeking Manufactured Home Suppliers

Federal Emergency Management Agency Seeking Manufactured Home Suppliers

The General Services Administration has issued a Request for Information (RFI) entitled Standardization of Floor Plan Design for Manufactured Housing Units which is solely for information and planning purposes, and MHProNews understands is not a Request for Proposal (RFP). Any solicitations will be synopsized on the Federal Business Opportunities...

29 Jul 2015

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Modular Becoming more Mainstream in UK

Modular Becoming more Mainstream in UK

A survey conducted by Inside Housing magazine in the United Kingdom says that over the next three years, 58.6 percent of the 22,544 homes planned by 17 of the UK’s largest housing associations will be constructed using offsite methods, including modular construction. Heathrow Airport’s Terminal T2A was modular construction, and L...

29 Jul 2015

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Manufactured Housing REITs Yield a Strong Return

Manufactured Housing REITs Yield a Strong Return

Baby boomers, rising rents, retirees and rising home prices are driving demand for affordable housing, which in turn is propelling the manufactured housing real estate investment trust (REIT) sector, pushing it to a year-to-date return of 13.13 percent, far above the -1.07 percent average for the FTSE NAREIT All Equity REIT. As Urban Land Magazine...

29 Jul 2015

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Manufactured Home Community Owner ELS has Investors’ Attention

Manufactured Home Community Owner ELS has Investors’ Attention

With a target price set at $64.00, Zacks has upgraded shares of Equity LifeStyle Properties, Inc (NYSE:ELS) from a hold rating to a buy rating, according to lulegacy. Shares of the real estate investment trust (REIT) opened at $56.87 on Monday, and closed Tuesday, July 28 at $57.07, approaching the 52-week high of $58.11. With […]...

29 Jul 2015

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Featured Articles and Reports - July 2015 Vol. 6 No. 10

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Tips for Hiring the Right Contractor for Your Community

Tips for Hiring the Right Contractor for Your Community

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COMMUNITY MANAGEMENT & FAIR HOUSING (LEGAL)

Terminology 101 - Transgender - Gender Identity, Gender Expression and Fair…

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by Nadeen Green, JD Today there is heightened awareness in our country of issues related to gender identity and gender expression. NSP_READMORE

COMMUNITY MANAGEMENT & FAIR HOUSING (LEGAL)

New Consumer Financial Protection Bureau Appraisal Rule, Effective July 18,…

New Consumer Financial Protection Bureau Appraisal Rule, Effective July 18, 2015

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FINANCING

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FINANCING

About Appraisals on FHA and VA Land Home Manufactured Housing Loans

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Lobbying Your Congressman and Senator

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GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

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Ron Thomas, Sr. – to President Barack Obama, on Selling over 500,000 new MH…

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GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

The Manufactured Housing Industry Needs to Embrace the Tiny House Movement

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Patience

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PERSONAL REFLECTIONS, MOTIVATION and INSPIRATION

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Upcoming Events

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MHLIVINGNEWS.COM FEATURED HOME OF THE WEEK

Classifieds

Press Releases

CU Factory Built Lending and the new HPM…

CU Factory Built Lending and the new HPML Appraisal Rule for Manufactured Housing

Directed by the upcoming changes in the HPML Appraisal Rule effective July 18th, 2015 and driven to minimize its impact on both our business partners and consumers, CU Factory Built Lending (CUFBL) has developed our approach to compliantly reconciling manufactured home loans under the new HPML Appraisal Rule.  Our plan’s key components are: Non-Qualified Mortgages (non-QM’s) Flexible Valuation Options Business Partner and consumer friendly Compliant   Non-Qualified Mortgages CUFBL, in support of the industry and our members, has chosen to continue to offer non-QM loans. If you recall, Qualified Mortgages (QM’s) are more restrictive in the debt ratio allowed, in the amount of points and fees allowed to be charged, may have more stringent length of employment and income verification guidelines, and documentation requirements for the consumer. We feel this approach to continue to offer non-QM loans...

the MHMSM Team 17 Jul 2015 Corporate Press Releases

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NADAguides New Manufactured Home Price T…

NADAguides New Manufactured Home Price Tool Will Comply With New HPML Appraisal Rule

· NADAguides New Manufactured Home Price Tool was developed to comply with the new Higher-Priced Mortgage Loans (HPML) Appraisal Rule effective July 18, 2015 · New Manufactured Home Price Tool provides an independent third party evaluation report that can be quickly and conveniently pulled and printed from any location · Allows access to new retail prices for new 2014 and 2015 manufacturer floor plans (both HUD and Modular-Coded), including a wide variety of factory-added options · This NADAguides price tool is currently being offered as a free trial of 100 price reports (retail value of $2,100) – offer expires July 17, 2015 NADAguides.com, the largest publisher of the most market-reflective pricing and information available for manufactured homes, announces its New Manufactured Home Price Tool, which has been developed to comply with the new Higher-Priced Mortgage Loans (HPML)...

the MHMSM Team 14 Jul 2015 Corporate Press Releases

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RV/MH Hall of Fame 2015 Induction Dinner…

RV/MH Hall of Fame 2015 Induction Dinner Reservations Outpace Last Year's Event

ELKHART, Ind. -- The RV/MH Hall of Fame's Induction Dinner Committee Chairman Mark Wasson (Bluelinx Corporation), reports reservations for the induction dinner honoring the Class of 2015 are running ahead of last year's reservations.  Wasson said, "As of early June 15th more than 153 friends and family of the inductees have registered which is ahead of last year's record pace of registrations." In addition to these reservations, Golf committee chairman Trey Miller is signing up foursomes for the 2015 RV/MH Hall of Fame Golf Classic.  So far 11 companies and individuals have signed on as sponsors for the dinner and golf, according to Darryl Searer, president, RV/MH Hall of Fame (Hall). This year's RV/MH Hall of Fame's annual Induction Dinner will be held on August 3, 2015, at the Hall of Fame's Event Center...

the MHMSM Team 16 Jun 2015 Corporate Press Releases

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RV/MH Museum Unveils Historic Shasta Exh…

RV/MH Museum Unveils Historic Shasta Exhibit

ELKHART, Ind. -- The RV/MH Hall of Fame and Museum's newest exhibit features a retrospective on the evolution of the iconic Shasta brand of travel trailers, according to Darryl Searer, president, RV/MH Hall of Fame (Hall).  The display includes a 1954 Shasta that's been in the museum's inventory for years and a 2015 reissue of a 1961 Shasta Airflyte 16sc, courtesy of Mick Ferkey, owner of Greeneway RV, Wisconsin Rapids, Wisconsin, and a member of the RV/MH Hall of Fame board of directors. While the reissue of a 1961 Shasta Airflyte 16sc has the look and style of the 1960s model, it is fully equipped with modern features and appliances, including a full bath. Searer noted, "Shasta has a rich heritage and is the industry's longest producer of RVs.  The brand has been...

the MHMSM Team 19 May 2015 Corporate Press Releases

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Dodd-Frank and Manufactured Home Financi…

Dodd-Frank and Manufactured Home Financing: The Place Where Good Intentions and Unintended Consequences Collide

"The path to home ownership lay before him, smooth and attainable as never before. All Eric Powell had to do was secure a small loan. He had a steady job, a decent credit score and a wife who happened to work for a bank: What could possibly go wrong?" WASHINGTON, D.C. -- The U.S. Senate Banking Committee will take up a measure that may determine whether millions of low- to moderate-income consumers will be able to buy or sell modestly priced homes. The Preserving Access to Manufactured Housing Act (HR 650 and S 682) addresses the unintended consequences of the Dodd-Frank Act, passed to protect consumers in the wake of the subprime mortgage crisis. According to former Congressman Barney Frank, the act's co-sponsor, Dodd-Frank was never intended to apply to manufactured housing. Yet the...

the MHMSM Team 19 May 2015 Corporate Press Releases

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10,000th home made secure and affordable…

10,000th home made secure and affordable through resident ownership movement

For Immediate Release May 1, 2015 Contact: Paul Bradley, President, ROC USA, LLC (603) 848-3254 CONCORD, N.H. — In less than seven years, ROC USA® has built on a proven strategy of resident ownership in New Hampshire manufactured home communities and scaled it across the country, transforming communities and building a network of 10,000 secure and affordable homes with partners in 14 states. ROC USA is a nonprofit social venture dedicated to making quality resident ownership of manufactured home communities (aka “mobile home parks”) possible nationwide. It works to provide democratic homeowner organizations with the opportunity, training and financing to purchase and manage their communities. Founding President Paul Bradley said ROC USA strengthens the local ownership of communities with the scaled resources and efficiencies of a national organization, coupled with the regional support of a...

the MHMSM Team 04 May 2015 Corporate Press Releases

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