Attached for your review, consideration and input is a proposed revision to section 3282.8(g) of the Procedural and Enforcement Regulations (PER) that HUD has submitted to the Manufactured Housing Consensus Committee (MHCC). This language is reproduced exactly as provided by HUD.
Manufactured Housing Association for Regulatory Reform
The below communication from one of the industry’s communities to MHI, which is self-explanatory, is for your information and review.
“The last time I contacted your organization you wanted money from us to become members, at that time I mentioned that we own communities and are self financing homes just to stay alive with no financing available for our industry.
MHARR has learned today that the expected final rule to implement improvements and reforms to the FHA Title I manufactured housing program mandated by the Housing and Economic Recovery Act of 2008 (HERA) will not be published in the Federal Register until the Office of Management and Budget (OMB) has
HUD (and Other) Proposals Will Further Downgrade the Federal Program and Manufactured Housing
The federal government has published its latest Semi-Annual Regulatory Agenda (SRA). The SRA lists upcoming and anticipated rulemaking actions by the various federal agencies, including those with authority over the regulation and financing of HUD Code manufactured housing.
Washington, D.C., December 7, 2009 — The Manufactured Housing Association for Regulatory Reform (MHARR) has widened its inquiry into the ongoing coercion of manufactured housing producers by HUD regulators and agents under the guise of “voluntary” cooperation. Any such “request” by regulators within a comprehensive regulatory system for “voluntary” action above and beyond existing regulations, without a specific document that has gone through the rigors of rulemaking, is accurately perceived, by the regulated party, as pressure and coercion.
Such coercion of manufacturers in their production facilities — designed to pressure them to accept and implement costly new production oversight practices not required by current program regulations — had its genesis in 2008 and has expanded and intensified during 2009…
MHARR has taken a further step in its effort to slow and reverse intensifying pressure by HUD and its monitoring and inspection agents for manufacturers — under the guise of “voluntary” cooperation — to adopt costly changes to their in-plant production oversight procedures that are not required by existing HUD regulations. The focus of this MHARR activity, as you are aware, is on ensuring that, unless and until there is proper rulemaking, any such changes are initiated — if at all — on a truly voluntary basis by individual manufacturers and not by regulatory authorities. This is because any “request” by regulators within a comprehensive regulatory system for “voluntary” action above and beyond existing regulations, without a specific document that has gone through the rigors of rulemaking, is accurately perceived as pressure and coercion by the regulated party.
As reported earlier, MHARR, on October 26, 2009, filed a wide-ranging Freedom of Information Act (FOIA) request with HUD seeking the disclosure of an array of documents relating to the genesis of this coercion. Among other things, the filing asks for materials dating back to 2008 showing the substance of closed-door meetings on this subject involving HUD regulators, the program monitoring contractor and third-party Primary Inspection Agencies (PIAs). It also seeks any and all documents used at — or resulting from those meetings — as well as materials showing the identity and role of specific participants.
Congress has significantly raised the pressure on senior HUD officials to address key issues affecting manufactured housing, namely the full and proper implementation of the Manufactured Housing Improvement Act of 2000 (2000 reform law) and the availability of financing for lower and moderate income Americans to purchase manufactured homes — …
With multiple thrats to the survival of the industry emanating from Washington, D.C., with part of the industry either going along or exacerbating such challenges, and faced with limited resoucres, the [MHARR]Board [of Directors] — comprosed of top exectuitves of mostly smaller businesses — found itself in the unenviable position …
MHARR has begun activities to unearth information concerning ongoing efforts by the HUD manufactured housing program to substantially expand regulations and procedures affecting producers of manufactured homes in their production facilities. These Association activities will unfold on several fronts. Read more »
MHARR executives met with new HUD Assistant Secretary for Policy Development and Research (PD&R), Dr. Raphael Bostic, on November 10, 2009. MHARR asked for this meeting to reiterate long-standing concerns regarding “generic” research — and particularly contract research funded by general tax revenues — on issues coveed by the National …