The question of whether a “frameless” factory built home might be considered a modular home under state law is an interesting question.
To me, if the definition of “manufactured home” is amended to delete the requirement that a manufactured home have a permanent chassis, it wouldn’t matter what state law says.
If a frameless home receives a HUD label, that label is preemptive and the home is a “manufactured home” within the federal meaning of that phrase.
What is more interesting is if the term “manufactured home” is amended to exclude RV trailers larger than 400 square feet so a larger RV trailer could be built, since that unit is not defined in a federally preemptive way, then yes, state law could define that unit as a modular home.
So for the RV industry to produce a non-regulated home at either the federal or state level, they would need to amend federal and all state laws. ##
Wisconsin Housing Alliance
(Editor's note: an industry savvy attorney, not affiliated with MHARR, who saw MHI's statement on frameless HUDs voiced concerns about the issue. See this article, supplied by MHI for publication.
Jim Ayotte made this statement on a related issue;
As on any article of topic of industry interest – private or public (ie: for publication) – feedback on this subject is welcomed.)