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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

Committee Member wants Manufactured Housing to Lure Flood Victims Back

Committee Member wants Manufactured Housing to Lure Flood Victims Back

Although over 200 people who lost their homes in the Colorado flooding of 2013 would like to return to Lyons, CO, on March 24 over 50 percent of the town’s voters rejected a proposal to allow 50 to 70 units of affordable housing on five to seven acres of 25.66 acre Bohn Park. On Tuesday, […]...

27 Apr 2015

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MHCV Falls; More Tracked Stocks Fall than Gain

MHCV Falls; More Tracked Stocks Fall than Gain

Caterpillar reported better than expected earnings, Facebook continues to be strong, and Dunkin’ Donuts and Domino’s Pizza both reported strong earnings and reports, but health care costs worried investors as they wait for a report from the Federal Reserve which is meeting this week. The Yahoo Manufactured Housing Composite Value...

27 Apr 2015

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School Board Approves Six Used Modular Classrooms

School Board Approves Six Used Modular Classrooms

Following a story we last reported on March 25, 2015 regarding the need for additional classrooms in Licking Heights, Ohio, the school board approved $211,000, by a vote of 5-0, to purchase six used modular classrooms for Licking Heights Central Middle School for school year 2015-2016. MHProNews has learned from thisweeknews Board President Brian...

27 Apr 2015

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Drew Industries Acquires Canadian Firm

Drew Industries Acquires Canadian Firm

Lippert Components, Inc., a wholly-owned subsidiary of Drew Industries, Inc., which supplies components to the manufactured housing and recreational vehicle industries, has acquired Spectal Industries., Inc. of Granby, Quebec, Canada. With production facilities in Canada as well as Tennessee and South Carolina, Spectal manufactures doors and...

27 Apr 2015

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New South Wales Review may Ease Restrictions on Manufactured Home Communiti…

New South Wales Review may Ease Restrictions on Manufactured Home Communities

A government review in New South Wales (NSW), Australia set to begin this month is intended to make it easier for developers to re-purpose greenfield sites into manufactured home communities (MHCs) and caravan (recreational vehicle) sites, according to what dailytelegraph informs MHPronews. Bob Browne, NSW general counsel for Camping, Caravan and...

27 Apr 2015

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Sunday Morning Recap April 19-April 25 2015

Sun Releases Q1 Financials, Patrick, Drew set to do same. One modular dealer opens in Midwest, another spreads West. MHC Makes Room for Retail Frontage. Fannie Mae Exempts MH Loans from Caps. ROI for MHCs Rises. Malibu Mobile Homes Taxed as Personal Property. Elizabeth Warren Blocks Reform. MHC Owner Yields on MH Sales. Monday, April […]...

26 Apr 2015

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Manufactured Home Community Owner Yields on In-community Sale of Older Home…

Manufactured Home Community Owner Yields on In-community Sale of Older Homes

Just hours before the Boulder (Colo.) City Council was set to vote on an ordinance that would protect the right of owners of pre-HUD Code factory-built homes to sell their homes within their own manufactured home communities, the owner of the Boulder Vista Village Mobile Home Park—the target of the ordinance– said he will permit […]...

25 Apr 2015

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Spike in Existing Home Sales Inaccurate

Spike in Existing Home Sales Inaccurate

Following a story MHProNews posted earlier regarding a significant rise in existing home sales based on numbers of the National Association of Realtors, Dave Kranzler, writing for seekingalpha, says when the numbers are put into a longer range historical context, there is “more sizzle than substance.” Home sales were said to be negatively affected...

24 Apr 2015

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Affordable Housing Competition Set for University Students

Affordable Housing Competition Set for University Students

The Bank of America/Merrill Lynch Low Income Housing Challenge pits eight teams from six West Coast universities against each other to develop affordable housing proposals for potential future development. Now in its 24th year, the goal is to attract undergrad and grad students to be part of the next generation of the affordable housing industry....

24 Apr 2015

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MHCV Slips, LPX Gains, Airlines Save on Fuel but Fares Remain

MHCV Slips, LPX Gains, Airlines Save on Fuel but Fares Remain

The NASDAQ and the S&P 500 hit new closing highs, Comcast stepped back from its attempt to take over Time-Warner, and airlines saved $3.4 billion on lower fuel costs, but passed on only $0.66 savings per fare. The Yahoo Manufactured Housing Composite Value (MHCV) fell -0.22 percent, to close at 678. Tracked manufactured housing stocks […]...

24 Apr 2015

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UMH Closes on Two Manufactured Home Communities

UMH Closes on Two Manufactured Home Communities

MHProNews has learned that UMH Properties, Inc. has closed on two manufactured home communities (MHC) in western Pennsylvania for $5.3 million. The all-age communities have 324 homesites situated on 141 acres with an average occupancy of 63 percent. As streetinsider reports, this acquisition UMH now owns 91 MHCs with 15,500 homesites. Samuel A....

24 Apr 2015

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Featured Articles and Reports - April 2015 Vol. 6 No. 7

Growing Manufactured Housing via Compelling Words, Images and Savvy Educati…

Growing Manufactured Housing via Compelling Words, Images and Savvy Educational Deeds

by L. A. 'Tony' Kovach We're big believers in the power of telling the truth in compelling ways. Messages on any topic can be shared via a combination of compelling graphics,... NSP_READMORE

MARKETING

Are You Ready for National Playground Safety Week?

Are You Ready for National Playground Safety Week?

by Kathleen M. Bianculli, CIC National Playground Safety Week is April 20 – 24, 2015! This is a great time to review your manufactured home community’s playground area and equipment. NSP_READMORE

COMMUNITY MANAGEMENT & FAIR HOUSING (LEGAL)

What if Someone Turns Me Into HUD on a Fair Housing Complaint?

What if Someone Turns Me Into HUD on a Fair Housing Complaint?

by Nadeen Green, JD Dear Fair Housing Lady, I fully intend to “do it right” and have never be involved in a HUD fair housing investigation. But I was wondering, what... NSP_READMORE

COMMUNITY MANAGEMENT & FAIR HOUSING (LEGAL)

The Rules for Housing Innovation - Tying Innovator’s Hands

The Rules for Housing Innovation - Tying Innovator’s Hands

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GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

Taking a swing at fixing the affordable housing shortage in the Marcellus

Taking a swing at fixing the affordable housing shortage in the Marcellus

by Maureen McMullen An energy boom can do a lot for a state; oil and gas development can create jobs and bolster the state’s economy. Unfortunately, another common aspect attributed to... NSP_READMORE

GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

Tunica Manufactured Housing Show Wrap-Up Report

Tunica Manufactured Housing Show Wrap-Up Report

by L. A. 'Tony' Kovach We spoke Tuesday, 3.31.2015 with Dennis Hill at Show Ways Unlimited, who was still in Tunica doing post-show wrap up details. We asked Dennis for some... NSP_READMORE

GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

White Paper on Manufactured Housing and Modular Home Zoning Issues

White Paper on Manufactured Housing and Modular Home Zoning Issues

by Lenny Kopowski Last month made 18 years that I have worked for the Louisiana Manufactured Housing Association. During which my objectives have been varied, but the core mission has been... NSP_READMORE

GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

ZigOn Saying Thank You

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by Zig Ziglar US President Theodore Roosevelt has been described as founder of the Bull Moose Party, the man who led his troops up San Juan Hill in the Spanish-American War,... NSP_READMORE

PERSONAL REFLECTIONS, MOTIVATION and INSPIRATION

Yes or No . . . That is the dilemma!

Yes or No . . . That is the dilemma!

 by Tim Connor, CSP Ever said no and later wished you had said Yes? How about the reverse - said yes and later wished you had said no? Come on - we... NSP_READMORE

PERSONAL REFLECTIONS, MOTIVATION and INSPIRATION

Upcoming Events

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MHLIVINGNEWS.COM FEATURED HOME OF THE WEEK

Classifieds

Press Releases

RV/MH Heritage Foundation Acquires Manuf…

RV/MH Heritage Foundation Acquires Manufactured Home on Display at the RV/MH Museum

ELKHART, Ind., - Thanks to several generous donations, the manufactured home on display at the RV/MH Hall of Fame and Museum in Elkhart, Indiana, is now owned by the RV/MH Heritage Foundation (Foundation), according to Foundation President Darryl Searer.  The home was originally erected and donated by Fairmont Homes for a period of one year for the purpose of showing visitors to the museum the evolution of mobile homes of the early to mid-20th century to today's modern affordable manufactured homes.  Since it was opened to the public in late 2013 it has been toured by thousands of visitors to the museum. As the clock was counting down to the end of the year when the home would have been removed by Fairmont Homes, Jim Shea, president of Fairmont Homes, offered to let the Foundation acquire...

Soheyla Kovach 01 Mar 2015 Corporate Press Releases

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FREE Educational Seminars Are Scheduled …

FREE Educational Seminars Are Scheduled for the  2015 Tunica Manufactured Housing Show!

These seminars were a major HIT at the 2015 Louisville Manufactured Housing Show. MHPros from Coast to Coast and Canada came... ...they praised the practical information for their businesses. We expanded seminar room space 30%, and still filled it! Come see why... Wednesday March 25th, 2015 Wednesday 8:30 AM to 9:45 AM. Lisa Tyler from Walden University and other MH Experts will be speaking on reasons why Realtors ®, investors, MH veterans and other housing professionals should be joining the ranks of profitably advancing America's most affordable new home construction. Opportunities in Modern MH. This will be a fast paced panel presentation, with Q&A planned. Wednesday 10 AM – 11 AM. Super-Charged Marketing! Dominate your area with savvy Marketing! Learn how to sell more homes and how MHCs can fill more vacant sites. Attract more customers with cash and good credit....

the MHMSM Team 25 Jan 2015 Corporate Press Releases

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Bill Matchneer, Dick Jennison and Ron Th…

Bill Matchneer, Dick Jennison and Ron Thomas Sr. to address Louisville Show attendees

MHProNews  has confirmed that attorney Bill Matchneer, previously with HUD and the CFPB, will be addressing the attendees of the Louisville Manufactured Housing Show. So too will Richard "Dick" Jennison, MHI's current President and CEO. MH community and street retail Hall of Famer, Ron Thomas, Sr. - who is also the Midwest Manufactured Housing Federation (MMHF) Chairman - will speak on financing and MH growth related topics, rounding out what promises to be a faced paced opening hour to the seminars on Wednesday morning. The doors will open at 8:15 AM on Wednesday at the seminar room so MH Industry professionals can network with peers and colleagues. The session featuring these three industry leaders will begin at 8:45 AM sharp. They will be introduced by one or more of the executive...

the MHMSM Team 12 Jan 2015 Corporate Press Releases

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Fairmont residents purchase community

Fairmont residents purchase community

Download pdf Fairmont residents purchase community

the MHMSM Team 11 Jan 2015 Corporate Press Releases

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Tunica manufactured home show 2015 updat…

Tunica manufactured home show 2015 update

Introducing… A Phoenix Rises Is widely considered the “premiere” show of the year… Is a unique show that totally sets it apart from all others… Is so distinctive that retailers will never see the same product at other shows… Is such an inclusive show for the south east region that it has appeal for virtually everyone who attends… Encompasses all levels of affordability, from HUD homes to spectacular system-built housing… One would have to be awfully shortsighted to fail to see that our show could present an enormous marketing opportunity. And one would have to look far and wide to find another event with the pizzazz, panache, and prestige of such a show. That’s because it doesn’t exist. But this one does. You already know it. It’s called The Tunica Manufactured Housing Show. This show possesses every one...

the MHMSM Team 11 Jan 2015 Corporate Press Releases

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2015 Louisville Manufactured Housing Sho…

2015 Louisville Manufactured Housing Show New-Year Updates!

If you are a manufactured housing pro, you can't do better than starting 2015 out right by attending all 2 ½ days of the Louisville Manufactured Housing Show! Here is the brochure link with the latest updates. The full brochure can be downloaded from this link here. See you in Louisville! ##

the MHMSM Team 02 Jan 2015 Corporate Press Releases

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