HUD Issues Interpretative Rule on HUD Statements Subject to the Consensus Committee Process

On February 5, HUD issued an interpretive rule clarifying the scope of its responsibilities under Section 604(b) of the Manufactured Home Improvement Act of 2000. Section 604(b) provides, among other things, the process for issuance of “other orders” which consist of procedural and enforcement regulations, interpretative bulletins, and requires HUD to submit these proposed rulings to the Manufactured Housing Consensus Committee (MHCC) for review and comment. Section 604(b)(6) specifically states that any statement of policies, practices, procedures relating to the construction standards and enforcement activities adopted without the opportunity for review and comment by the MHCC is void.

HUD’s Interpretive rule, effective on February 5, 2010, clarifies that the scope of Section 604 (b)(6) includes only statements by HUD that:

  1. Relate to manufactured housing construction standards, regulations, inspection and monitoring, or other enforcement activities;
  2. Meet the definition of “rule” under the Administrative Procedures Act and applicable law, except statements describing agency organization are not included, and;
  3. Constitute a change from prior HUD statements or practice on the same subject matter.

HUD is issuing the rule because of assertions within the consensus committee that the MHCSS has broad jurisdiction over all aspects of HUD’s manufactured housing program, such as HUD’s internal budgets, contract decisions, and determinations as to whether enforcement actions must be made or approved in advance by the consensus committee.

A copy of the interpretive rule can be found here:

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