Menu

June Issue Featured Articles are Scheduled for the evening of June 8th.

A+ A A-

MHARR Supports Legislation to Advance Regulatory Reform

MHARRWashington, D.C., December 19, 2017 – The Manufactured Housing Association for Regulatory Reform (MHARR) has announced its support for legislation introduced in the House of Representatives by Rep. Mark Meadows (R-NC) that would enshrine in federal law the sweeping regulatory reforms implemented in recent Executive Orders issued by the Administration of President Donald J. Trump.

 Under H.R. 2362, the “Lessening Regulatory Costs and Establishing a Federal Regulatory Budget Act of 2017” – which was marked-up and approved by the House Committee on Oversight and Government Reform on November 30, 2017 – the provisions of Trump Administration Executive Orders 13771 (“Reducing Regulation and Controlling Regulatory Costs”) issued January 30, 2017 and 13777 (“Enforcing the Regulatory Reform Agenda”), issued February 24, 2017 — would effectively bememorialized in federal law.

Among other things, the proposed bill would require federal Executive Branch agencies — including the U.S. Department of Housing and Urban Development (HUD), which comprehensively regulates the construction and safety of manufactured housing in the United States — to: (1) remove unnecessary or outdated regulations when significant new regulations are issued; (2) establish institutional mechanisms and procedures to carry out ongoing regulatory reform initiatives and “identify regulations that are appropriate for repeal, replacement, or modification;” and (3) “prudently manage and control the cost of planned regulations through an annual budgeting process.”

Under the bill, federal agencies, including HUD, would be required to establish a Regulatory Review Task Force that would be responsible for “ongoing evaluations of regulations and other regulatory actions and make recommendations … to the head of the agency regarding repeal, replacement, or modification of regulations and regulatory actions.” (Emphasis added).

The inclusion of “regulatory actions” in the bill is significant, in that the review mandated by the legislation would include not just officially-designated “regulations,” but other actions having de facto regulatory impacts as well, including: “any other regulatory guidance, statement of policy, information collection request, for, or reporting, recordkeeping, or disclosure requirements that impose a burden on the public or governs agency operations.” This is particularly important for the manufactured housing program, where such pseudo-regulatory mandates have regularly been abused by the program, its administrators and its entrenched, revenue-driven contractors for decades to impose costly, unjustified and baseless requirements and procedures on the manufactured housing industry and manufactured housing consumers in violation of applicable law.

Such actions under the current program administrator, include, for example, but are not limited to: (1) HUD’s program of expanded in-plant regulation which altered the nature and objective(s) of in-plant regulatory activity by Primary Inspection Agencies and HUD’s so-called “monitoring” contractor without any type of rulemaking procedures contrary to applicable law; (2) HUD’s abuse of the “interpretive bulletin” process to mandate substantive changes to the federal manufactured housing installation standards for “frost-free” installations; (3) new regulatory mandates for “attached” garages, carports and other similar features adopted under the guise of “interpretation,” without notice and comment procedures as required by law; and (4) continuing abuses and manipulations of Subpart I that have distorted the regulatory process and shifted undue power, authority and influence to unaccountable, revenue-driven program contractors.

Extending statutory procedural and due process protections to encompass pseudo-regulatory actions of this type is also consistent with Trump Administration policy as recently enunciated by the Office of Information and Regulatory Affairs (OIRA): “The [Trump] Administration has reinforced the importance of fair notice and due process.  In particular, this means that agencies should closely examine their use of sub-regulatory actions, such as guidance documents, enforcement manuals, interpretive rules, ‘FAQs’ and the like.  Such documents can serve an important role in explaining existing statutory or regulatory requirements; however, they should not be used to impose new or additional legal obligations or requirements. *** Limiting guidance to its intended purpose of clarifying existing law rather than making new law will provide greater transparency about the regulatory process and ensure that regulated entities and the public have notice an opportunity to comment on significant changes in regulatory requirements.” (Emphasis added).

Accordingly, MHARR, in communications with Rep. Meadows and his staff, has stated that it fully supports H.R. 2623 and its ultimate adoption by Congress, and stands ready to assist in the effort to enact that legislation into law.

In Washington, D.C., MHARR President and CEO Mark Weiss stated: “For an industry like manufactured housing, which is expressly recognized by federal law as a crucial national source of affordable housing and home-ownership, but simultaneously subject to comprehensive federal regulation, it is essential that such regulation not only be reasonable, but also fully cost-justified in providing protection for consumers. Federal manufactured housing law, as upgraded and reformed by Congress in 2000, already requires that federal manufactured housing standards, regulations and interpretations meet these twin criteria. These existing mandates, however, will be materially strengthened, reinforced and supplemented by the procedures and mechanisms that would be institutionalized in federal law by the ‘Lessening Regulatory Costs and Establishing a Federal Regulatory Budget Act of 2017.’ This legislation will help to curb and bring to an end a train of abuses that has gone-on for decades, but has particularly worsened during the tenure of the current manufactured housing program administrator, that has seen the HUD program and its contractors either ignore or bypass required procedures and substantive mandates on a regular basis. MHARR, accordingly, fully supports the adoption of this legislation by Congress and congratulates Rep. Meadows and his colleagues for bringing this key measure before Congress.”

 The Manufactured Housing Association for Regulatory Reform is a Washington, D.C.-based national trade association representing the views and interests of independent producers of federally-regulated manufactured housing.

Daily Business News Briefs

Skyline, UMH Gain, Manufactured Housing CV Soars, S&P, NASDAQ Hit New H…

Noteworthy headlines on – CNNMoney – Fox trying to pull Jesse Watters from O’Reilly comedy tour. Oil stocks are the biggest losers of 2017. US unemployment hits 4.4 percent, lowest...

05-05-2017

Read more

New Player Enters Manufactured Home, Communites, RV Game

Gelt Inc., a Tarzana, California based real estate investment firm, has announced the formation of a new subsidiary to purchase and manage manufactured home and RV communities. According to the...

05-05-2017

Read more

Website Upgrade – on MHProNews Begins This Weekend

The long-anticipated upgrade to MHProNews.com to version 3.0 will begin this weekend. The site will go down, starting Friday night/Saturday morning Eastern time. We anticipate the site coming back up...

05-05-2017

Read more

Analyst, Investor Action at Skyline – What’s Happening?

For Skyline Homes, a recent rough patch has analysts and investors making moves. According to the Cerbat Gem, TheStreet downgraded shares of the company from a “c” rating to a...

05-05-2017

Read more

MHARR on Tariffs, DOE, and, Federalized Installation – Exclusive Report and…

The Manufactured Housing Association for Regulatory Reform (MHARR) has released its latest Washington Update, an exclusive report and analysis that addresses key issues with the U.S. Department of Housing and Urban...

01-05-2017

Read more

Magnificent May – New Reports, Announcements, and Schedule

Beginning with RC Williams hot new exclusive this morning on the behind-the-scenes developments in the nation’s capital regarding manufactured housing lending, Magnificent May will continue the MHProNews tradition of independent...

01-05-2017

Read more

Patrick Rises Over 3 Percent, Manufactured Housing CV Broader Markets Jump

Noteworthy headlines on – CNNMoney – United and dragged passenger reach settlement. Southwest Airlines: We won’t overbook anymore. China’s Uber worth $50 billion after raising more cash. 10 things United...

27-04-2017

Read more

Is Time Finally up for the CFPB?

Movement by the House Financial Services Committee, led by Chairman Jeb Hensarling (R-TX), could spell the end for the Consumer Financial Protection Bureau as we know it. According to ACA...

27-04-2017

Read more

More First Nations Turning to Modular

Throughout Canada, many First Nations native tribes are struggling with the dual challenge of quality, and affordable, housing. Mold and other natural elements, when combined with overcrowding, present issues tribal...

27-04-2017

Read more

Bark Worse than Bite? Manufactured Housing Institute Slams Trump Administra…

Comments from Commerce Secretary Wilbur Ross on CNBC yesterday regarding proposed anti-subsidy tariffs on Canadian goods raised quite a stir. “The tariff is not the beginning of a trade war with...

27-04-2017

Read more

Drama in Ohio: Fake News, Facts and Myths

The ongoing battle between the Ohio Manufactured Housing Association (OMHA) and Ohio Governor John Kasich over the status of the Ohio Manufactured Housing Commission (OMHC) has been taken to a...

27-04-2017

Read more

New Sponsors

You Might Like

Classifieds

Press Releases

Zoning, Opening up Urban Infill and Making Sure Citizens who want Manufactured Homes are Heard

by Ed Schafer For the last three or four years, the South Carolina association’s focus is to move beyond killing bad zoning proposals and working to reopen areas that have been closed to manufactured homes for many years.

Schafer, Ed %COMMENTS 05-09-2016 September 2016

Zoning Eased to Allow MH for Flood Victims

Following up on a story concerning the flooding in Minot, North Dakota last spring, KFYR-TV reports the Minot City Council is relaxing zoning requirements to allow manufactured homes to be sited in areas not previously zoned for them, sometimes to the chagrin of neighbors. Working on a case by case basis, many of the homes [...]...

Matthew Silver %COMMENTS 09-05-2012 Daily Business News

Zoning Commission Recommends against Expansion of Manufactured Home Community

The Yellowstone County Zoning Commission unanimously turned down a zone change application that would have allowed Cherry Creek Estates manufactured home community (MHC) to expand by adding as many as 80 manufactured homes, reports billingsgazette. While the Yellowstone County Board of Commissioners will have the final say when it meets in...

Matthew Silver %COMMENTS 12-04-2016 Daily Business News

Zoning Changes on Tap for Manufactured Housing

A new proposal from the Columbus Junction (Iowa) Planning and Zoning Commission to the city council would create a manufactured housing (MH) district, and delete MH from R-2 and R-3 residential districts. According to muscatinejournal.com, current ordinances require any MH outside of a community to be placed on a permanent foundation and converted...

Matthew Silver %COMMENTS 27-09-2013 Daily Business News

Zoning Changes Could Affect Manufactured Housing

by RC Williams The Washington County, Maryland Board of Commissioners is holding a public hearing today regarding several proposed changes to the county’s zoning ordinance, including ones that affect manufactured homes.

Williams, RC %COMMENTS 04-03-2017 March 2017

Zoning Changes Allow Modular Units

Following up on a story we last posted May 2, 2012 about modular medical units temporarily placed on a property to house loved ones with special needs, MHProNews has learned several states, including Virginia, New York, and California have enacted legislation to allow these units to override local regulations and be sited on properties not [...]...

Matthew Silver %COMMENTS 24-07-2012 Daily Business News