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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

Natural Resources Defense Council praises “great outlook for manufactured h…

Natural Resources Defense Council praises “great outlook for manufactured housing”

The Natural Resources Defense Council (NRDC) describes itself as “the nation’s most effective environmental group.” In a recent NRDC Switchboard  post, Robin Roy has come out in favor of the “strong consensus agreement reached by the Manufactured Housing Working Group” on new energy efficiency standards. Roy says that manufactured home (MH) sales a...

23 Nov 2014

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Sunday Morning Manufactured Housing Daily Business News Weekly Recap 11 16-…

Sunday Morning Manufactured Housing Daily Business News Weekly Recap 11 16-22 2014

  Do you have your coffee or favorite Sunday morning beverage handy? We hereby start week two of the industry’s first and only Sunday Morning Manufactured Housing Professional’s Daily Business News Weekly Recap. This new feature is in response to reader requests for a quick, easy way to review all the news for a given […]...

23 Nov 2014

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Alpha questions Drew, but Citigroup rates stock a Buy

Alpha questions Drew, but Citigroup rates stock a Buy

Seeking Alpha   claims millions of followers in the investment world, and they questioned the value of Drew Industries (NYSE:DW) in a report Thursday. By contrast, Citigroup issued an investors note, increased the target price from $51 to $57 a share and rates Drew a Buy. Drew CFO Joseph S. Giordano III sold 2,000 shares […]...

22 Nov 2014

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Skyline continues Rise, communities and suppliers mixed, while MHCV slides

Skyline continues Rise, communities and suppliers mixed, while MHCV slides

Skyline rose again, communities and suppliers closed mixed and the MH Compositve Value moved lower in trading Friday. Meanwhile, the broader markets climbed in response to a rate cut by China’s central bank and suggestions of emergency action by the European Central Bank. CNNMoney tells MHProNews that, “Both the ECB and PBoC got out...

21 Nov 2014

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Manufactured Housing Institute Senior VP leaving

Manufactured Housing Institute Senior VP leaving

Effective in December, Senior Vice President of Government Affairs Jason Boehlert will leave the Manufactured Housing Institute (MHI). Boehlert is scheduled to become the new Executive Director of the National Association of Local Housing Finance Agencies (NALHFA) and National Association for County Community and Economic Development (NACCED)....

21 Nov 2014

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Property Mentor gives thumbs up on Cavco Industries

Property Mentor gives thumbs up on Cavco Industries

Cavco Industries, Inc. released earnings data, Property Mentor Group tells MHProNews. Cavco is the number 2 producer of manufactured and other factory built homes in the U.S.. The company reported $0.61 EPS for the quarter, meeting the Thomson Reuters consensus estimate of $0.61. The company had revenue of $139.30 million for the quarter, compared...

21 Nov 2014

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Legally challenged MHCommunity owner in contempt, manager may not be

Legally challenged MHCommunity owner in contempt, manager may not be

Magar E. Magar, owner of Syringa Mobile Home Park in Moscow ID, was ordered by 2nd District Court Judge John Stegner to pay a total penalty of $350 a day until he brings the facility into compliance with pertinent water and wastewater rules, DNews tells MHProNews. This is part of an ongoing series of issues […]...

21 Nov 2014

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Fannie Mae and Freddie Mac announcement could lead to more home loans

Fannie Mae and Freddie Mac announcement could lead to more home loans

Fannie Mae and Freddie Mac announced Thursday they’ve revised their representation and warranty framework. The move has been made in an effort to reduce concerns among lenders about the risk on buying back loans sold to the two federally backed mortgage finance agencies. Mortgage professionals have said such concerns have been blamed for lend...

21 Nov 2014

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M. Mark Weiss, JD, incoming President of the Manufactured Housing Associati…

M. Mark Weiss, JD, incoming President of the Manufactured Housing Association for Regulatory Reform (MHARR)

As was formally disclosed yesterday, the new president and CEO of the Manufactured Housing Association for Regulatory Reform (MHARR) will be M. Mark Weiss, JD. Making this announcement in Washington D.C., John Bostick – MHARR Chairman and President of Sunshine Homes – told MHProNews  that: “MHARR will not miss a single beat in making a ...

21 Nov 2014

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Manufactured Housing Composite and all 3 major U.S. markets rise

Manufactured Housing Composite and all 3 major U.S. markets rise

Manufactured Housing Communities closed mix, most suppliers to factory built homes rose as did the Manufactured Housing Composite index in today’s trading. Marketwatch pointed to new record market highs, even as they they noted that the man who “called the last stock crash is already blaming the Fed for the next one.” CNN Money’s hea...

20 Nov 2014

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Crony Capitalism Sidebar – Donald P Grasso, Rytec High Performance Doors

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C. J. Prince of Chief Executive magazine online, spoke with Donald P. Grasso, CEO of Rytec High Performance Doors, “about how cronyism affects small businesses.” Since most of manufactured housing is made up of independent, small businesses, the view point of a supplier like Rytec will resonate with many in the factory built housing space. Grasso s...

20 Nov 2014

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Featured Articles and Reports - November 2014 Vol. 6 No. 2

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Foreclosure and Insurance Proceeds

Foreclosure and Insurance Proceeds

by C. William Dahlin, JD Any person or entity who lends money for the purchase of real property can, of course, become a secured lender. In simple terms, that means that... Read more

COMMUNITY MANAGEMENT & FAIR HOUSING (LEGAL)

“You Should Get a Spanking...”

“You Should Get a Spanking...”

by Nadeen Green, JD ...if you are being naughty when it comes to fair housing and familial status issues. Actually, you would likely prefer a spanking than what you might get... Read more

COMMUNITY MANAGEMENT & FAIR HOUSING (LEGAL)

The 6th Circuit Court says Manufactured Homes aren't Consumer Product

The 6th Circuit Court says Manufactured Homes aren't Consumer Product

by L. A. “Tony” Kovach One of our legally connected friends very thoughtfully shared this article, republished from Law360, which is significant to our industry and directly related to it. Every... Read more

COMMUNITY MANAGEMENT & FAIR HOUSING (LEGAL)

Preparing For CFPB’s New Appraisal And Valuation Rules

Preparing For CFPB’s New Appraisal And Valuation Rules

by Dick Ernst By now industry participants should be very aware of the “Big 8” Dodd-Frank regulations that have been implemented since January of 2014. Read more

FINANCING

MHI Letter Alfred M. Pollard, General Counsel - Federal Housing Finance Age…

MHI Letter Alfred M. Pollard, General Counsel - Federal Housing Finance Agency (FHFA)

by MHI Subject - Enterprise Housing Goals; Proposed Rule 12 CFR Parts 1282 - Blanket Loans on Manufactured Housing Parks. Dear Mr. Pollard: Read more

FINANCING

A Cup of Coffee with… Ross Kinzler

A Cup of Coffee with… Ross Kinzler

1) Who, What and Where: (Your name, and your role/job title at organization or firm and where you are based.) Ross Kinzler, executive director of the Wisconsin Housing Alliance based in... Read more

GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

Three Views on Manufactured Housing DOE Energy Efficiency Standards

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MHI, Don Westphal and MHARR We'll share without commentary three different perspectives on the DOE Energy Efficiency Standards for Manufactured Housing. We'll start with MHI's view, share Don Westphal's letter to... Read more

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Where Are We Now? - A Second Chance

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by Marty Lavin, JD As we view the manufactured housing industry condition at present, one can’t help but wonder about its status now and in the immediate future. When I speak... Read more

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About the MBA's Lobbying, Conventional and Manufactured Housing's Roles in …

About the MBA's Lobbying, Conventional and Manufactured Housing's Roles in U.S. Recovery

by Rick Rand Lucine Colignon's Daily Business News column on the MBA's lobbying to change current regulations is a great article.  It raises a number of topics relevant to MH businesses,... Read more

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The 2015 Tunica Manufactured Housing Show Tunica, Mississippi - March 25 - …

The 2015 Tunica Manufactured Housing Show Tunica, Mississippi - March 25 - 27, 2015 - A Phoenix Rises

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The 2015 Louisville Manufactured Housing Show Kentucky Exposition Center Lo…

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GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

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GENERAL MANUFACTURED HOUSING INDUSTRY TOPICS

Look for Reality – Management 101

Look for Reality – Management 101

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ZigOn Integrity

ZigOn Integrity

by Zig Ziglar This morning as I sat at my desk, I spotted a large hawk in the willow tree behind my home. Two or three small birds, which I believe... Read more

PERSONAL REFLECTIONS, MOTIVATION and INSPIRATION

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by L. A. 'Tony' Kovach Girish sent these top 25 Steve Jobs quotes via Linkedin, and it was immediately apparent that this was worth sharing with our MH Industry. Jobs was... Read more

PERSONAL REFLECTIONS, MOTIVATION and INSPIRATION

Upcoming Events

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MHLIVINGNEWS.COM FEATURED HOME OF THE WEEK

Classifieds

Press Releases

More than $350,000 Already Pledged M…

More than $350,000 Already Pledged     Manufactured Housing Industry Leaders Stepping Up in Support of the $1 Million

ELKHART, Ind. - Darryl Searer, chairman and president of the RV/MH Hall of Fame (Hall), is encouraged by the early support of the "Kevin Clayton Debt Elimination Challenge" fund raising campaign.  Commitments are coming in from large and small companies, as well as individuals. Searer said, "Our goal is to raise $1 million in this campaign over the next 3 to 5 years.  These new pledges, plus Kevin Clayton's initial pledge of $200,000, means that we are more than 35% there in only a few weeks since the campaign was announced."   Pledges to date and donations include: * Kevin Clayton, Clayton Homes pledged $40,000 per year for 5 years. Total of $200,000* Gary McDaniel, YES! Communities, pledged $25,000 per year for the next three years. Total $75,000* Joe Stegmayer, Cavco Industries, Inc., pledged $10,000 per year...

the MHMSM Team 10 Nov 2014 Corporate Press Releases

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Bradley awarded for career dedicated to …

Bradley awarded for career dedicated to housing co-ops

ROC USA® President Paul Bradley was recently honored with the National Association of Housing Cooperatives’ Jerry Voorhis Award. The Voorhis is a lifetime achievement award that recognizes significant leadership in both theory and practice. It is presented annually by the NAHC, a national federation of housing cooperatives, mutual housing associations, other resident-owned or controlled housing, professionals, organizations, and individuals interested in promoting the interests of cooperative housing communities. Incorporated in 1960, NAHC is the only national cooperative housing organization. “What an honor,” Bradley said last week from his Concord, N.H., office. “Jerry Voorhis was a real force in the cooperative housing world and even being mentioned in the same context with him is a thrill.” Jerry Voorhis was a five-term U.S. Congressman from California who went on to lead the National Cooperative Business...

the MHMSM Team 04 Nov 2014 Corporate Press Releases

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ROC USA® Network Welcomes MH Industry Ve…

ROC USA® Network Welcomes MH Industry Veteran  As new National Acquisitions & Portfolio Manager

CONCORD, N.H. — Jason Carter has joined the management team at ROC USA Network as National Acquisitions and Portfolio Manager. He begins his new role Nov. 3. Carter’s primary focus is to identify MH community owners interested in selling their communities to their residents and, with ROC USA Network affiliates across the country, execute on resident purchases. ROC USA Network Director Mary O’Hara said Carter’s years of experience with MH manufacturing, sales, community operations and development will be a significant benefit to ROC USA’s affiliates and clients. His appreciation for manufactured housing as affordable housing and his understanding of what it takes to own and operate a community are critical in today’s marketplace, she said. “ROC USA Network has established a proven track record over the last six years, achieving a level...

Soheyla Kovach 16 Oct 2014 Corporate Press Releases

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RV/MH Heritage Foundation Unveils New $1…

RV/MH Heritage Foundation Unveils New $1 Million Campaign Exclusively for the Manufactured Housing Industry

SCOTTSDALE, Ariz., - Darryl Searer, chairman and president of the RV/MH Hall of Fame (Hall) and Barry Cole, president of MH Insurance Services and past chairman of the Hall, spoke to a group of manufactured housing (MH) executives at the Manufactured Housing Institute's 78th Annual Meeting on September 15th  at the Westin  Resort  in Scottsdale, Arizona.  They unveiled a new five-year fundraiser especially for the MH industry designed to help theHall retire its debt. After updating the MH leaders of the Hall's current financial position, Searer urged the attendees to help the Hall retire its debt by pledging their support for the campaign. Explaining to the group that the Hall's debt was a result of unfulfilled pledges Mr. Cole commented, "In 2007 our idea was to construct a great legacy building that would include an event center, library and museum with unique...

L.A. Tony Kovach 03 Oct 2014 Corporate Press Releases

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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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