Federal Preemption should Allow the Manufactured Home to be Sited

mfg home delivery mcclellandsllc comFollowing a story MHProNews posted June 18, 2016 regarding a manufactured home that was sited in Stuttgart, Arkansas in a neighborhood not zoned for MH, city officials were initially told the home was a modular, which would be allowed. Now that the home has been sited, the mayor and two council members do not want to move the home, and are considering having the whole area re-zoned to be able to accommodate the MH. The mayor has asked the code enforcement officer to review a zoning map to determine whether or not it’s feasible to rezone.

Meanwhile, comments on the article included longtime MH attorney, consultant and industry executive Martin Lavin, who distinguishes between a Manufactured Home, which is the current name for the successor to what was the mobile home, and a manufactured home, which is also built in a factory, the same as a modular home. The latter is built to local codes the same as a site-built home, while the Manufactured Home adheres to national standards established by the Dept. of Housing and Urban Development (HUD).

The modular home should have been issued a building permit the same as a site-built home. He adds, “Trying to ban the manufactured home/modular from the zoning area in question is an attempt to prohibit factory built homes in that area.”

L. A. “Tony” Kovach, publisher of MHLivingNews and MHProNews, says, “Manufactured housing is federally preemptive. That home owner has every legal right to be there,” adding that the local officials in Stuttgart are harming themselves and their community.

He says an interview with state inspector Becki Jackson on MHLivingNew should be instructive—please click here. ##

(Photo credit: McClellands LLC delivering a manufactured home)

matthew-silver-daily-business-news-mhpronews-comArticle submitted by Matthew J Silver to Daily Business News-MHProNews.

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