In a news release to the Daily Business News on MHProNews, the Washington, D.C. based Manufactured Housing Association for Regulatory Reform (MHARR) said the following.
MAY 21, 2019
TO: MHARR MANUFACTURERS
MHARR STATE AFFILIATES
MHARR TECHNICAL REVIEW GROUP (TRG)
RE: HUD RESCINDS 2017 “GUIDANCE” ON CARPORT-READY HOMES
In one of its first substantive regulatory reform actions under Trump Administration Executive Orders (EO) 13771 and 13777, the U.S. Department of Housing and Urban Development (HUD) announced on May 20, 2019 (see, copy attached), that it is rescinding sub-regulatory “guidance” issued in 2017, requiring Alternate Construction (AC) approval for “carport-ready” manufactured homes.
MHARR first raised the issue of HUD’s unilateral designation of certain manufactured home features as “add-ons” pursuant to 24 C.F.R. 3282.7(b) – and thus requiring AC approval – in 2014 meetings and communications with former HUD program administrator, Pamela Danner. The Association continued to press the issue of de facto rulemaking via sub-regulatory “guidance” memoranda (i.e., agency dictates issued without notice and comment rulemaking proceedings or Manufactured Housing Consensus Committee review as required by federal law) – concerning this and numerous other matters, in its EO 13771/13777 comments to HUD filed on June 7, 2017, further EO 13771/13777 comments submitted to HUD on February 20, 2018, and in an April 25, 2018 communication to Acting HUD General Deputy Assistant Secretary, Dana Wade.
HUD’s action in this matter is specifically based on recommendations of the Manufactured Housing Consensus Committee (MHCC), approved at its September 2018 in-person meeting. As reported by MHARR at the time, “the Committee voted to recommend the withdrawal of HUD Field Guidance memoranda requiring Alternate Construction (AC) approval for carports, by effectively classifying carport-ready designs as involving an ‘add-on.’ The Committee also adopted a resolution supporting amendments to various sections of the Procedural and Enforcement Regulations to permit specific ‘add-on’ structures, including garages. Again, each of these changes have been specifically addressed and advocated by MHARR in both written comments and direct interactions with HUD officials.”
Consistent with these MHCC recommendations – and, again, as noted by HUD in its May 20, 2019 Notice – a separate June 12, 2014 HUD memorandum concerning “attached garages” is not being formally rescinded pursuant to this Notice, but will, apparently, be addressed by forthcoming proposed-amended regulations. Nevertheless, MHARR continues to maintain and assert in direct meetings with HUD officials and related communications that all such sub-regulatory “guidance” memoranda are unenforceable and must be withdrawn.
Moreover – and in addition to the foregoing – the fact that it has taken more than two years for the HUD program, under its current leadership, to implement the very first substantive regulatory reform action since the Trump Administration took office, underscores a growing concern among manufactured housing program stakeholders, as first reported by MHARR following the recent April 30 – May 2, 2019 MHCC meeting, that some within the HUD program may be “slow-walking” long-overdue regulatory and program reforms in order to “wait-out” the current Administration and the tenure of Secretary Carson, who, according to media reports, may be leaving HUD at the conclusion of the President’s current term.
Regardless, MHARR will continue to aggressively pursue this matter with HUD, Congress and other appropriate authorities.
The release included an attachment from HUD Office of Manufactured Housing Program (OMHP) acting administrator, Teresa B. Payne. That official HUD letter is linked here.
MHProNews notes that this follows in the wake of the recent address by HUD Secretary Ben Carson, who pledged to continue to work with the manufactured housing industry in practical ways to make more affordable housing available.
The full text of Carson’s speech is linked above, along with related videos and more.
Assistant Secretary Brian Montgomery Removal of Obsolete and Superseded Guidance Documents Letter | Manufactured Housing Association Regulatory Reform
Re: Notice of Removal of Obsolete and Superseded Guidance Documents – Docket No. FR-6156-N-01 Dear Secretary Montgomery: As you know, the Manufactured Housing Association for Regulatory Reform (MHARR) is a Washington, D.C.-based national trade association representing the views and interests of smaller and medium-sized independent producers of manufactured Housing regulated by the U.S.
Note too this recent MHARR effort, linked above. In the wake of that, came this decision. Clearly, there advocacy is having some impact, it is more than just photo ops.
A special report is planned soon, perhaps as soon as tomorrow. If you aren’t already on our industry leading emailed headline news list, click the image immediately above, or further below the byline and notices. That’s this afternoon’s “Industry News, Tips, and Views Pros Can Use,” © where “We Provide, You Decide.” © ## (News, analysis, and commentary.)
Your link to industry praise for our coverage, is found here.
For the examples of our kudos linked above…plus well over 1,000 positive, public comments, we say – “Thank You for your vote of confidence.”
“We Provide, You Decide.” © ## (News, analysis and commentary.)
(Image credits and information are as shown above, and when provided by third parties, are shared under fair use guidelines.)
Submitted by Soheyla Kovach to the Daily Business News for MHProNews.com.
2) To pro-vide a News Tips and/or Commentary, click the link to the left. Please note if comments are on-or-off the record, thank you.
You can click on the image/text boxes to learn more about that topic.
MHARR Testimony to Congress Seeks Increased SAA Funding and Corresponding Contractor Reductions | Manufactured Housing Association Regulatory Reform
Washington, D.C., May 10, 2019 – With manufactured housing production levels heading downward again in 2019, the Manufactured Housing Association for Regulatory Reform (MHARR) has once again called on Congress, in appropriations legislation for Fiscal Year (FY) 2020, to direct HUD to reduce funding for its bloated, over-grown program “monitoring” contract and, instead, direct a corresponding amount of overall program funding to increase payments to its State Administrative Association (SAA) partners.
MHCC Addresses Multiple Issues, HUD Secretary Carson Praises Manufactured Homes at Meeting | Manufactured Housing Association Regulatory Reform
MHCC ADDRESSES MULTIPLE REGULATORY ISSUES MHCC CITES “MAJOR INACCURACIES” IN DOE-NODA SUBPART I TO BE REVIEWED AGAIN MHCC CALLS FOR WITHDRAWAL OF FROST FREE IB MHARR PROPOSAL ON MHCC ROLE ADVANCES PD&R REPORT OFFERS ON-SITE CHANGES HUD SECRETARY PRAISES MH IN ADDRESS TO MHCC The Manufactured Housing Consensus Committee (MHCC) held its most recent in-person meeting in Washington, D.C.
The last decade-plus has not been especially kind to the manufactured housing industry and consumers of affordable housing. The 21 stCentury began with a great deal of promise for the industry and consumers alike.