The Manufactured Housing Association for Regulatory Reform (MHARR) recommended that the Manufactured Housing Consensus Committee (MHCC) vote to reject inclusion in the HUD Code for the Department of Energy (DOE) manufactured housing energy rule. MHARR’s media release on that topic is below. MHARR mentions the Manufactured Housing Institute (MHI) in the item that follows too. The MHARR release will be followed by additional information with analysis. The final segment of today’s Daily Business News on MHProNews report will be our headline news, manufactured housing REITs and industry-connected stocks updates.
Statutory Manufactured Housing Consensus Committee (MHCC) Recommends HUD Rejection of DOE Manufactured Housing Energy Rule
NOVEMBER 17, 2022
TO: MHARR MANUFACTURERS
MHARR STATE AFFILIATES
MHARR TECHNICAL REVIEW GROUP (TRG)
RE: MHCC RECOMMENDS REJECTION OF DOE ENERGY RULE
The statutory Manufactured Housing Consensus Committee (MHCC), at the conclusion of its November 15-17, 2022 meeting in Washington, D.C., to further consider the “alignment” of the HUD Code Federal Manufactured Housing Construction and Safety Standards (FMHCSS) with the U.S. Department of Energy (DOE) final energy conservation standards for manufactured housing adopted on May 31, 2022, has approved multiple recommendations for submission to HUD. The most significant of these recommendations are consistent with and reflect actions that MHARR urged the Committee to take in written comments filed on November 9, 2022. (See, Attachment to MHARR Memorandum dated November 14, 2022 — “MHARR Comments Oppose Incorporation of DOE Energy Standards Within the HUD Code”). They also reflect MHCC consideration of – and agreement with – additional specific points raised by MHARR as a participant in the October and November 2022 MHCC in-person meetings.
MHARR, in its November 9, 2022 comments, urged the MHCC to:
- “Reject the incorporation of the DOE May 31, 2022 final manufactured housing standard within the FMHCSS;”
- “Adopt a statement rejecting the May 31, 2022 final DOE manufactured housing energy standard as being inappropriate for and destructive of the affordability of manufactured housing;” and
- “Assert that HUD adoption of anymodified or altered DOE manufactured housing energy standard must be based on a full and valid analysis of all applicable costs … as well as compliance with all applicable procedural requirements of federal law.”
Consistent with these key substantive and procedural points – which could directly impact any industry legal action against the DOE final standards – the MHCC took final action to reject the wholesale incorporation of the DOE final rule into the FMHCSS standards as proffered in advance by HUD. Instead, it approved, among other things, comments to HUD stating, in relevant part:
- “The MHCC has reviewed the DOE Final Rule and has determined [that] DOE circumvented the standards development process prescribed in [the Energy Independence and Security Act of 2007]EISA which requires cost justification and consultation with HUD;”
- “DOE provided an energy conservation standard which was based on site-built construction and applied it to a performance-based national code. If adopted as written, the final rule would adversely impact the entire Manufactured Housing program and cost increases associated with compliance would reduce prospective purchasers (especially minorities and low-income consumers) from durable, safe, high quality and affordable housing;” ***
- “The MHCC previously recommended that DOE include the substantial cost of testing, enforcement, and regulatory compliance in its costing analysis. The final rule did not consider these costs….”
- “The MHCC has a statutory obligation to consider the cost impacts of all recommended changes to the MHCSSand preserve affordability to increase American home ownership and this obligation is reflected in the recommended changes.”
- “The MHCC expects, in accordance with normal practice, the recommendations contained in this document will be subject, as required in 42 USC 5403, to publication as a proposed rule and full notice and comment rulemakingin accordance with the 1974 Act as amended.”
(Emphasis added). In substance, each of these points align with the statements and positions sought by MHARR in its written comments.
In addition to these “general” conclusions and recommendations with respect to the DOE May 31, 2022 final standard, the MHCC also considered and recommended to HUD, proposed “incremental” revisions to the FMHCC energy standards developed by the Manufactured Housing Institute (MHI). Whether these proposals are – or will ultimately be – acceptable to MHARR as proposed modifications to the FMHCSS standards, will depend upon member input and further cost-benefit and practicability analysis conducted by the Association as part of the HUD rulemaking process, as that process moves forward.
For present purposes, however, the recommendations adopted by the MHCC accomplish several important MHARR goals. First, rejection of the DOE final rule, if accepted by HUD, will prevent the enforcement of that rule, as currently drafted, through the HUD Part 3282 enforcement system for FMHCSS standards, with no alternative DOE enforcement system in place. Second, rejection of the DOE standard by the MHCC can be offered as evidence of DOE’s failure to comply with EISA on both substantive and procedural grounds in any industry legal action to stop the DOE rule. Third, notice and comment procedures for any variant of the DOE rule will, in all likelihood, extend beyond the May 31, 2023 scheduled implementation date for the DOE final standard, meaning that enforcement of the DOE standard may ultimately be delayed, leaving more time to seek remedies to stop the DOE standard.
With these recommendations submitted, it will now be up to HUD to fully comply with its governing federal law to ensure that manufactured housing consumers and especially lower-income families, are not adversely impacted by DOE’s energy standard.
Finally, with all of these pieces in place, the industry is in a good position to initiate timely legal action against DOE to seek an injunction against the imposition of its final May 31, 2022 manufactured housing energy standards.
MHARR will continue to actively participate in the HUD/MHCC process while aggressively opposing the egregious and baseless DOE manufactured housing energy standards.
cc: Other Interested HUD Code Manufactured Housing Industry Members
Manufactured Housing Association for Regulatory Reform (MHARR)
1331 Pennsylvania Ave N.W., Suite 512
Washington D.C. 20004
===== 30 =====
Additional Information with More MHProNews Analysis and Commentary
On 11.16.2022 MHI sent the follow to their members as part of a longer email that covered other topics.
Note that MHARR specifically mentioned MHI, but MHI fails to mention MHARR. It is an almost junior high school behavior by the larger trade group which gladly touts joining forces with conventional housing firms to support their initiatives, but where is their support for implementation of manufactured housing laws that have long been delayed? Why doesn’t MHI team up with MHARR for implementation of key industry laws they claim to support, as they did to get the Manufactured Housing Improvement Act (MHIA), long championed by MHARR, enacted into law? Or why didn’t MHI sign onto a collation to get more manufactured home lending?
Nor did MHI mention that the reason that the industry is in this quandary is to a sizable degree caused by MHI and one of the forces behind a key MHI brand. For details on these and related, see the linked reports herein.
Daily Business News on MHProNews Markets Segment
The modifications of our prior Daily Business News on MHProNews recap of the recap of yesterday evening’s market report are provided below. It still includes our signature left (CNN Business) and right (Newsmax) ‘market moving’ headlines. The macro market moves graphics will provide context and comparisons for those invested in or tracking manufactured housing connected equities.
In minutes a day readers can get a good sense of significant or major events while keeping up with the trends that are impacting manufactured housing connected investing.
Reminder: several of the graphics on MHProNews can be opened into a larger size. For instance: click the image and follow the prompts in your browser or device to OPEN In a New Window. Then, in several browsers/devices you can click the image and increase the size. Use the ‘x out’ (close window) escape or back key to return.
Headlines from left-of-center CNN Business – from the evening of 11.17.2022
- Shoppers pull back
- A woman carries shopping bags from Macy's department store in midtown Manhattan in New York City, on July 9, 2020.
- People are tightening their belts, and that’s squeezing Macy’s, Kohl’s and Target
- Stocks fall as fears of more big Fed rate hikes resurface
- What a Republican-controlled House could mean for Silicon Valley
- Freight railroad unions say strike can still be avoided
- Mortgage rates plunge, largest weekly drop since 1981
- It’s decision day for Twitter employees on whether to work under Musk
- Ticketmaster cancels public sale for Taylor Swift tickets due to overwhelming demand
- Taylor Swift ticket snafu caused by Ticketmaster abusing its market power: Klobuchar
- Tesla’s close-knit leadership team goes under the spotlight in court
- First on CNN: ‘Greed and deception.’ Elizabeth Warren demands Sam Bankman-Fried and FTX turn over trove of records
- The ’12 Days of Christmas’ gifts will set you back a lot more this year
- Good luck finding an iPhone 14 Pro before Christmas
- Starbucks workers stage one-day strike in ‘Red Cup Rebellion’
- Porsche dares you to take its new sports car to extreme limits
- Sam Bankman-Fried, co-founder and chief executive officer of FTX, in Hong Kong, China, on Tuesday, May 11, 2021.
- Bankruptcy lawyer says he’s never seen a ‘complete failure’ like FTX
- A pedestrian wearing a face mask looks at a smartphone while passing in front of the New York Stock Exchange (NYSE) in New York, U.S., on Monday, July 20, 2020.
- Stocks have been clobbered this year, but people are still contributing to their 401(k)
- Brian Chesky, CEO and Co-founder of Airbnb, speaks to the Economic Club of New York at a luncheon at the New York Stock Exchange (NYSE) in New York, U.S. March 13, 2017.
- Airbnb CEO: ‘It’s like we’re all in a nightclub and the lights just came on’
- REAL ESTATE
- HOLLYWOOD, FLORIDA – OCTOBER 27: A “For Sale” sign is posted in front of a single family home on October 27, 2022 in Hollywood, Florida. The rate on the average 30-year fixed mortgage hit 7.08%, up from 6.94% the week prior, according to Freddie Mac. Mortgage rates surpassed 7% for the first time since April 2002.
- It’s a terrible time to buy a house. Here’s what to know if you have to do it
- China’s real estate crisis could be over
- America’s housing dream is broken
- Redfin shuts home-flipping business
- Why brands are buying real estate in the metaverse
- Whole Roasted Turkey Dinner For Thanksgiving with All the Sides
- Thanksgiving dinner will cost 20% more this year because of inflation
- Wealthier shoppers turn to Walmart for groceries
- Here’s what’s getting more expensive at the grocery store
- Inflation cools much more than expected in October
- Inflation isn’t going anywhere. Just look at Europe
Headlines from right-of-center Newsmax 11.17.2022
- House Republicans Make Probing Biden a Top Priority
- James Comer, a Kentucky Republican who is expected to chair the House Oversight and Reform Committee, told reporters that the panel will investigate bank reports and claims by anonymous whistleblowers that he said show connections between the president and the business activities of his 52-year-old businessman son, Hunter Biden. [Full Story]
- The 2022 Elections
- DeSantis’ Redistricting Map Helped GOP Win House Majority
- McCarthy Faces Demands From Moderates, Conservatives
- GOP Rep. Boebert’s Race Might Be Decided Soon
- GOP House Candidate John Duarte Back in Lead in California-13
- Why Do Some States Take So Long to Count Votes? platinum
- Media Joins Newsmax on Calling House for GOP
- Arizona’s Kari Lake: ‘I’m Still in This Fight’
- Sarah Palin Stuck in Alaska Ranked-Choice Limbo | video
- GOP Rep. Valadao Leads in California Race Still Too Close to Call
- More The 2022 Elections
- Newsmax TV
- Ted Cruz: Biden’s Role in Son’s Actions Must Be Probed | video
- Steube: No Ukraine ‘Blank Checks’ in GOP-Led House | video
- Fitzgerald: ‘No Doubt’ McCarthy Will Be Next Speaker | video
- Blaine Holt: Ukraine Should See ‘Big Lesson’ in Polish Deaths | video
- Fallon: Mayorkas ‘In Orbit Around Neptune’ | video
- Sarah Palin: Trump Won’t Make McCain’s Mistakes | video
- Biggs: Trump’s Term Limit Push ‘Not a Bad Idea’ | video
- Art Laffer: ‘Free Markets Know How to Solve Problems, Biden Doesn’t’ | video
- Judge Blocks DeSantis Law on Barring ‘Woke’ Education
- A federal judge in Florida on Thursday blocked a law pushed by Gov. Ron DeSantis that restricts certain race-based conversations and analysis in colleges.Tallahassee U.S. District Judge Mark Walker issued a temporary injunction against the so-called “Stop Woke” act in a…… [Full Story]
- Western N.Y. Prepares for Up to 4 Feet of Lake-Effect Snow
- Up to 4 feet (1.2 meters) of lake-effect snow could bury parts of [Full Story]
- UPDATE 1-Suspect in Buffalo Grocery Shooting That Killed 10 Expected to Plead Guilty
- The white gunman accused of killing 10 Black people at a Buffalo, New [Full Story]
- Russia Launches More Missile Strikes, Fighting Rages in East Ukraine
- Russia launched more missile strikes on Ukraine’s energy [Full Story]
- Top US Gen. Milley: China Should Note Russia’s Failures
- Kremlin Says It Cannot Imagine Public Negotiations With Ukraine
- Deal Allowing Ukrainian Grain Exports to Be Extended
- Russian Opposition Leader Navalny Sent to Tiny One-man Cell
- Deadly Missile Strike Adds to Ukraine War Fears in Poland
- FTX Founder Funneled Millions to Democrat Candidates
- Sam Bankman-Fried, the CEO and founder of Crypto exchange giant FTX, [Full Story] | Platinum Article
- Pelosi Won’t Seek Leadership Role, Plans to Stay in Congress
- S. House of Representatives Speaker Nancy Pelosi, the first woman [Full Story]
- Griner Has Begun Serving Sentence in Russian Penal Colony
- WNBA star Brittney Griner has begun serving her nine-year sentence [Full Story]
- Why Do Some States Take so Long to Count Votes?
- Two decades after the recount fiasco that introduced “hanging chads” [Full Story] | Platinum Article
- GOP Wants to Probe Big Investment Firms’ Woke Agenda
- GOP lawmakers are looking to investigate prominent asset managers [Full Story]
- D. AG: Docs Can Use Health Info to Defend Abortions
- Doctors who perform abortions should be able to disclose the [Full Story]
- Senator Questions Ticketmaster About Taylor Swift Sales
- Ticketmaster faced questions on Thursday from a Democratic U.S. [Full Story]
- Trump Endorsed by Ronny Jackson, Marjorie Greene, 9 Lawmakers
- Ronny Jackson, R-Texas, former White House doctor for President [Full Story] | video
- Amazon Left Scrambling As Shoppers Find out About Secret Deals
- Online Shopping Tools
- Robert Clary, Last of the ‘Hogan’s Heroes’ Stars, Dies at 96
- Robert Clary, a Holocaust survivor and French actor who famously [Full Story]
- Arizona’s Kari Lake: ‘I’m Still in This Fight’
- Republican Kari Lake put together a legal team and is planning to [Full Story]
- US Premature Births Hit Highs Not Seen in 15 Years
- More than 1 in every 10 births in the United States now occur [Full Story]
- Declines in Cancer Screenings, Diagnoses Continue After Pandemic
- Screenings for a variety of common cancers have not returned to [Full Story]
- NYC Halts Monkeypox Vaccine Van Program
- New York City stopped placing monkeypox vaccine vans outside of [Full Story]
- WSJ: Meta Insiders Caught Selling Account Access to Hackers
- An account hijacking and bribery scam at Meta has led to the firing [Full Story]
- Video Report: Floridians Weigh In on Trump vs. DeSantis
- Miami correspondent Leonardo Feldman, via “National Report,” takes to [Full Story] | video
- Murdoch, Fox Ramp Up Attacks on Trump
- Rupert Murdoch-owned media outlets, including Fox News, have ramped [Full Story]
- 3 US Customs Agents Shot, Wounded off Coast of Puerto Rico
- Three U.S. Customs and Border Protection agents have been wounded [Full Story]
- Amazon Moves to Automate Workforce
- With increased demand for expedited delivery, Amazon is looking for [Full Story]
- Court Sentences Three to Life in Prison for Downing Plane Over Ukraine That Killed 300
- Dutch judges on Thursday convicted three men of murder for their role [Full Story]
- Oil Falls on Easing Geopolitical Tensions and China Demand Outlook
- Oil extended declines on Thursday as geopolitical tensions eased [Full Story]
- US Jobless Claims Fall Despite Surge in Tech Layoffs
- The number of Americans filing new claims for unemployment benefits [Full Story]
- Leno Has Surgery for Burns From Car Fire, in Good Condition
- Jay Leno underwent surgery for serious burns suffered when flames [Full Story]
- Poll: Majority of Hispanic Voters Want Tougher Border Enforcement
- Fifty-seven percent of Hispanics who voted in the midterms say the [Full Story]
- North Korea Fires Missile After Threatening ‘Fiercer’ Step
- North Korea launched a short-range ballistic missile toward its [Full Story]
- New G-20 Irritant for Biden: Restrictive US Electric Vehicle Tax Subsidies
- Electric vehicles (EVs) shuttled G-20 delegations and security forces [Full Story]
- Russian Economy in Freefall as It Enters Recession
- Russia’s economy shrank 4% year-on-year in the third quarter of 2022, [Full Story]
- Yale and Harvard Law Schools to Shun Influential US News Rankings
- Yale Law School and Harvard Law School both said Wednesday they will [Full Story]
- More Newsfront
- Google Paid Activision $360M Not to Compete, Epic Games Alleges
- Alphabet Inc.’s Google has struck deals with at least 24 big app developers to stop them from competing with its Play Store, including an agreement to pay Activision Blizzard Inc. about $360 million over three years, according to a court filing on Thursday…. [Full Story]
- US at Risk of Tight Electric Supplies This Winter
- Boeing Reorganizes Defense, Space & Security Business Unit
- Think Barbiecore and All Things Pink for Holiday Gifts
- GM Sees Profitable EVs by 2025
- More Finance
- The Best Times to Brush Your Teeth
- There’s a good deal of controversy about the most effective times to brush your teeth. The American Dental Association (ADA) has long recommended brushing teeth twice a day for a full two minutes. But what these guidelines don’t explain is exactly when to do your…… [Full Story]
- Indoor Humidity Level Linked to COVID-19 Transmission
- Wireless Earbuds Effective Alternative to Hearing Aids
- Universities Focus on Athletes’ Mental Health After Crises
- FDA Approves First Lab-Grown Meat Product
- NOTE 1: The 3rd chart above includes the Canadian stock, ECN, which purchased Triad Financial Services, a manufactured home industry lender
- NOTE 2: Drew changed its name and trading symbol at the end of 2016 to Lippert (LCII).
- NOTE 3: Deer Valley was largely taken private, say company insiders in a message to MHProNews on 12.15.2020, but there are still some outstanding shares of the stock from the days when it was a publicly traded firm. Thus, there is still periodic activity on DVLY.
- Note 4: some recent or related reports to the equities named above follow.
Manufactured Home Communities (a.k.a. ‘Mobile Home Parks’ – SIC) – Exploring UMH Properties; Fellow Manufactured Housing Institute Member Yes! Communities Suits and Settlements; plus MH Markets Updates
Disclosure. MHProNews holds no positions in the stocks in this report.
That’s a wrap on this installment of “News Through the Lens of Manufactured Homes and Factory-Built Housing” © where “We Provide, You Decide.” © (Affordable housing, manufactured homes, stock, investing, data, metrics, reports, fact-checks, analysis, and commentary. Third-party images or content are provided under fair use guidelines for media.) (See Related Reports, further below. Text/image boxes often are hot-linked to other reports that can be access by clicking on them.)
By L.A. “Tony” Kovach – for MHProNews.
Tony earned a journalism scholarship along with numerous awards in history. There have been several awards and honors and also recognition in manufactured housing. For example, he earned the prestigious Lottinville Award in history from the University of Oklahoma, where he studied history and business management. He’s a managing member and co-founder of LifeStyle Factory Homes, LLC, the parent company to MHProNews, and MHLivingNews.com. This article reflects the LLC’s and/or the writer’s position and may or may not reflect the views of sponsors or supporters.