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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

Patrick Industries’ Stock Rises following Acquisition

Patrick Industries’ Stock Rises following Acquisition

In a research report issued on Tuesday, C. L. King upgraded Patrick Industries (NASDAQ:PATK) from a “buy” rating to a “strong buy” rating, according to dakotafinancialnews. A manufacturer of component products and distributor of building products and materials to the manufactured housing (MH) and recreational vehicle (RV) industries, company stock...

03 Sep 2015

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Transit Oriented Development in Relation to Affordable Housing

Transit Oriented Development in Relation to Affordable Housing

Following a Supreme Court’s ruling in June regarding disparate impact, and the subsequent requirement that cities receiving HUD funding must be wary of siting affordable housing away from amenities and the opportunities of urban living, two Chicago activists highlight the problem of transportation inequality, according to nextcity. Brendan...

03 Sep 2015

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Modular Building Raising the Roof One Floor; MH Related Bills that were Che…

Modular Building Raising the Roof One Floor; MH Related Bills that were Checked

The Texas Manufactured Housing Association (TMHA) informs MHProNews that both houses of the legislature voted to allow modular buildings and housing to be built four stories high, or 60 feet. Several of TMHA’s members expressed an interest in building modular hotels, multi-family and assisted living facilities in order to compete with other...

02 Sep 2015

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Patrick Ind. Rises Again; MHCV Gains 3.08 Percent

Patrick Ind. Rises Again; MHCV Gains 3.08 Percent

In the news from CNNMoney: Volatile markets rock China’s stocks. Smart stethoscope will transmit heartbeat digitally via Bluetooth to specialist. As oil prices dip, ConocoPhillips lays off 10% of workforce, stock plunges 40% in one year. Two dollar gas is near. New Star Wars toys on sale Friday Meanwhile, the Yahoo Manufactured Housing...

02 Sep 2015

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Poll calls Consumer Financial Protection Bureau Intrusive, Existence Challe…

Poll calls Consumer Financial Protection Bureau Intrusive, Existence Challenged in Court

A poll commissioned by the U. S. Consumer Coalition and conducted by Zogby Analytics revealed 55 percent of consumers compare the Consumer Financial Protection Bureau’s (CFPB) financial data collection methods to the National Security Agency’s domestic surveillance programs, saying they are both intrusive, according to news.heartland. S...

02 Sep 2015

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Bill in North Carolina Legislature would Alter Manufactured Home Sale Terms

Bill in North Carolina Legislature would Alter Manufactured Home Sale Terms

According to ncconsumer, a bill in the North Carolina House Judiciary IV Committee would no longer require manufactured home dealers to return all payments made on a purchase if the dealer changes the terms of a signed contract. As MHProNews understands, the dealer would only be liable for the initial deposit. The measure passed the […]...

02 Sep 2015

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Applications being Taken for Affordable Modular NYC Units

Applications being Taken for Affordable Modular NYC Units

Following a story MHProNews last reported Aug. 11, 2014 regarding an affordable modular housing unit being built in Kips Bay in New York City, applications are now being taken for 14 of the planned 55 modular apartments. Former Mayor Michael Bloomberg had waived zoning regulations at a city-owned property at 337 E. 27th St. to […]...

02 Sep 2015

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Passages: William”Bill” Edwards

Passages: William”Bill” Edwards

A pioneer and innovator in the manufactured home industry in Georgia for over 35 years, William “Bill” Edwards passed away in Moultrie, Georgia Aug. 31, 2015. He co-founded Destiny Industries, Inc. in 1978 as a HUD Code manufacturer, building a distribution network across the southeastern U. S. with sales growing to a quarter billion dollars. [&#...

01 Sep 2015

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Two Contrasting Interviews – Frank Rolfe, on recent Media Attention – Chris…

Two Contrasting Interviews – Frank Rolfe, on recent Media Attention – Chris Parrish, former Chairman of the National Communities Council

They are both from the MH Communities sector of manufactured housing. They live in different parts of the U.S.. They could readily be described as a study in contrasting styles and views. As was reported on the Masthead blog, and the Daily Business News earlier today, the new September issue of MHProNews brings you two […]...

01 Sep 2015

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Patrick Acquires Michigan Wood Products Company

Patrick Acquires Michigan Wood Products Company

As elkharttruth reports, Patrick Industries of Elkhart, Indiana has acquired North American Forest Products, Inc. and its wholly-owned subsidiary, North American Moulding LLC of Edwardsburg, Michigan for $85 million. North American manufactures and distributes wood and wood products primarily used in the production of manufactured homes (MH) and...

01 Sep 2015

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Patrick Ind. Surges; Dow Plunges Again

Patrick Ind. Surges; Dow Plunges Again

In the news from CNNMoney: Oil prices fall 7%. Fears of China’s slowdown reflected in the three major indices downturn. Iran’s oil production will blossom if sanctions are lifted. Canada slips into recession in wake of oil decline. Meanwhile, the Yahoo Manufactured Housing Composite Value (MHCV) slipped -1.16 percent to close at 886.8....

01 Sep 2015

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Featured Articles and Reports - September 2015 Vol. 6 No. 12

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You Like Me, You Really Do Like Me!

You Like Me, You Really Do Like Me!

by Wayne Coakley As you know, nowadays people search online before they buy just about anything. NSP_READMORE

MARKETING

Matt Weaver, Campbell Caron Properties on IREM, Management, More! Inside MH…

Matt Weaver, Campbell Caron Properties on IREM, Management, More! Inside MH Road Show Video

by Soheyla Kovach “Failure is Not an Option.” NSP_READMORE

MARKETING

Water, Water, How Much Is That Water?

Water, Water, How Much Is That Water?

by Bill Dahlin, JD Any Californian who has picked up a newspaper, listened to the news, or not been a bonafide Rip Van Wrinkle, is aware that California is in the... NSP_READMORE

COMMUNITY MANAGEMENT & FAIR HOUSING (LEGAL)

How To Keep Peace and Harmony In Our MH Communities (at a low cost)

How To Keep Peace and Harmony In Our MH Communities (at a low cost)

by Rob Coldren, Esq and Dan Rudderow, Esq. The rule breaking tenant can be handled in many ways. Options include: NSP_READMORE

COMMUNITY MANAGEMENT & FAIR HOUSING (LEGAL)

Answers to Questions About the New Appraisal Rule

Answers to Questions About the New Appraisal Rule

by Darren Krolewski The following were answers provided to questions posed by MHProNews.com to DataComp about the new Appraisal rule implementation. NSP_READMORE

FINANCING

The Appraisal Rule - Six Weeks Report Card

The Appraisal Rule - Six Weeks Report Card

By Lance Hull On July 18th, 2015, the Higher-Priced Mortgage Loans (HPML) Appraisal Rule went into effect for our industry.  NSP_READMORE

FINANCING

S. 682 Offers Possible Relief for Consumers Stranded by CFPB

S. 682 Offers Possible Relief for Consumers Stranded by CFPB

by Bill Matchneer, JD Recent history has shown that the regulations designed to NSP_READMORE

FINANCING

AIA - Manufactured Housing Specialty Insurance Agents Alliance Celebrates i…

AIA - Manufactured Housing Specialty Insurance Agents Alliance Celebrates its 15th Anniversary

by Kurt Kelley, JD Bellingham, WA August 25, 2015. NSP_READMORE

GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

I Can't Be the Only One.

I Can't Be the Only One.

by Ken Haynes Jr  It literally drives me temporarily insane when I read or hear manufactured housing referred to by the media, by any other nomenclature than manufactured housing, or manufactured... NSP_READMORE

GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

A Cup of Coffee with...Chris Parrish

A Cup of Coffee with...Chris Parrish

1) Who, What and Where: (Your name and your formal title at Parrish Manor). NSP_READMORE

GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

Renters' Nation – Dark Side of Dodd-Frank, its Impact on Affordable Housing…

Renters' Nation – Dark Side of Dodd-Frank, its Impact on Affordable Housing – what 38 hours and 25 minutes reveal

by L. A. “Tony” Kovach This will be under 350 words, because the facts properly understood will speak volumes. NSP_READMORE

GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

65th Annual Convention, Trade Show and Expo – New York Housing Association …

65th Annual Convention, Trade Show and Expo – New York Housing Association  – Oct 8-12th, 2015

by Nancy Geer We hope you are well. I have attached the event brochure for you reference. Please see the PDF that is attached. NSP_READMORE

GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

A Cup of Coffee with…Dan Rinzema

A Cup of Coffee with…Dan Rinzema

1) Who, What and Where: (Your name and your formal title at MHVillage/DataComp) Dan Rinzema, President and CEO, Datacomp Appraisal Systems, Inc. and MHVillage, Inc.. NSP_READMORE

GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

Controversial Media Reports – The Guardian & KVUE – On-The-Record Interview…

Controversial Media Reports – The Guardian & KVUE – On-The-Record Interview with Frank Rolfe of Mobile Home University, MobileHomeParkStore, RV Horizons

by L. A. 'Tony' Kovach One of the most controversial figures in the MHC world today is Frank Rolfe. NSP_READMORE

GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

Do People Research Manufactured Home Personalities, Companies and MH Indust…

Do People Research Manufactured Home Personalities, Companies and MH Industry Subjects? Yes!

by L. A. “Tony” Kovach Do people research companies and people on MHLivingNews.com and MHProNews.com? NSP_READMORE

GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

ZigOn Work

ZigOn Work

by Zig Ziglar One of my favorite quips about work is this: Someone asked a worker how long he had been working for his company and he smilingly responded, "Ever since... NSP_READMORE

PERSONAL REFLECTIONS, MOTIVATION and INSPIRATION

Living with Wisdom – 3 Tips for Today

Living with Wisdom – 3 Tips for Today

By Tim Connor, CSP Wisdom - the blending of - information, knowledge, experience, judgment, truth, reality, maturity - to achieve dreams, goals, life purpose, inner peace and happiness... NSP_READMORE

PERSONAL REFLECTIONS, MOTIVATION and INSPIRATION

Upcoming Events

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Classifieds

Press Releases

MHRE Inc. Announces Sales of 921 Uniprop…

MHRE Inc. Announces Sales of 921 Uniprop Portfolio in Michigan

Michigan-headquartered MHRE Inc.  is the foremost real estate brokerage and advisory firm predicated exclusively in the manufactured housing and recreational vehicle asset class, is pleased to announce the sale of a 3.5 star institutional quality, 3-property, all age manufactured home community portfolio containing 921 land lease home sites located in the state of Michigan. The sale also includes full amenities packages for all three properties as well as related assets, including park owned manufactured homes and installment contracts. The Uniprop Michigan MHC Portfolio included the sale of Dutch Hills, Stonegate Manor and Camelot Manor. MHRE Inc., Managing Director, Christopher Nortley procured the buyer of the asset for another succesful off market transaction. Christopher Nortley, Managing Director commented, “We are pleased to announce the closing of these three communities.  The portfolio has...

the MHMSM Team 02 Sep 2015 Corporate Press Releases

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Datacomp Turns New Manufactured Home App…

Datacomp Turns New Manufactured Home Appraisal Rules Into Powerful Retail Sales Tool

Contact: Datacomp800.365.1415www.datacompusa.com Grand Rapids, Michigan – Datacomp, the nation’s largest, independent provider of market-based manufactured home appraisals, has announced the availability of the Datacomp MSRV, or Market-Suggested Retail Value, a comprehensive new home valuation service intended to enable compliance with the new appraisal rules for Higher-Priced Mortgage Loans (HPML), now in effect for most financed manufactured home transactions. “The information needed to order a Datacomp MSRV for a new home transaction can be entered on our website in a matter of minutes,” said Dan Rinzema, President and CEO of Datacomp. “There’s no cumbersome data entry process or specialized knowledge necessary. We’ve made it so anyone in the office can easily order a valuation from their desktop computer, tablet or mobile device.” In addition to developing a Lender Final Sale Certificate that is...

the MHMSM Team 12 Aug 2015 Corporate Press Releases

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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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