‘Will They Fold Like a Cheap Suit?’ Department of Energy Reply to Manufactured Housing Institute/Texas Manufactured Housing Association (MHI/TMHA) Suit-Facts+Insights; plus MHVille Stocks Update


The Department of Energy (DOE) response to Case No. 23-CV-00174 brought by the Manufactured Housing Institute/Texas Manufactured Housing Association (MHI/TMHA) is now in hand and is provided below by MHProNews to industry professionals and others that are tracking this case.  The attorneys involved in the case for MHI/TMHA have been asked to reply to the following insights from another manufactured housing (MH) industry connected attorney. That inquiry is part of Part I A of this article. Part I B is the DOE response pleading, which may be a brisk wakeup call to MHI and their dominating brands leadership. Part II of this article will be Additional Information with More MHProNews Analysis and Commentary in Brief as part of our industry-leading reporting, commentary, and expert analysis. On a day when manufactured housing equities broadly fell, Part III of this article is our recap of manufactured housing industry equities and the left-right market-moving headlines that shed light on the drop in MHVille equities.


Part I A. Request for Comment to Attorneys for the MHI/TMHA Lawsuit Against DOE’s Looming MH Energy Rule

On the afternoon of 3.7.2023, MHProNews sent the following inquiry to MHI’s-TMHA’s attorneys.  Note, those attorneys are in the Central Time zone. Quoting.



As you may recall, we are the largest and runaway most-read trade media serving the manufactured home industry. A review of our website will reveal that MHProNews has been calling for legal action to stop the DOE energy rule from going into effect for much of last year. The attached document about the DOE response is the focus of this inquiry. One or more of you are welcome to weigh in. We often do longer articles with greater depth than mainstream media does, plus we are likely to do a press release to others in media when we publish our report on this topic.

That said, we asked an industry attorney for that professional’s take on the DOE response. Typo in the original. Quoting:

“Essentially, what they’re arguing is that absent extraordinary circumstances, a case like this must be decided based on the four corners of the administrative record that DOE developed.

Given that, and given the fact that the record already exists, they argue that there is no need for an “evidentiary” hearing” of any kind, expedited or otherwise.

So, what they’re doing is not only objecting to expedited consideration, they’re also effectively objecting to the supplementation of the existing administrative record with the “expert” affidavits that MHI has filed AND the expert testimony that would presumably be offered at any such evidentiary hearing.

As [name omitted] used to say, “get your appeal briefs ready boys.” If this case can be won, it will have to be won in the court of appeals, regardless of what the present judge does. If he rules in our favor, DOE/DOJ will appeal. They’ll have to and they’ll want to, given what happened in the Social Cost of Carbon case. The real question is what MHI will do if it goes against us. Will they ante up the resources necessary for an appeal? Or will they fold like a cheap suit?”

Please provide your response to the above via email for our mutual clarity and our accuracy in reporting.

Thank you.


[full name, title, etc.] ##

 As of the time this report was published at 5:25 AM on 3.8.2023 there has been no apparent response to that inquiry. More on that in Part II further below.

Part I B) DOE Response to MHI-TMHA Suit and Motion 

Note page numbers (footers) and header are omitted. Case 1:23-cv-00174-LY   Document 20   Filed 03/03/23,









Defendants, the United States Department of Energy and Jennifer M. Granholm, in her official capacity as Secretary of Energy (collectively, “Agency” or “DOE”), respectfully submit this response to Plaintiffs’ Motion for Expedited Evidentiary Hearing on their Motion to Stay Agency Action (“Motion” or “Pls.’ Mot.”), ECF No. 16.  Plaintiffs’ Motion should be denied because judicial review of agency action in Administrative Procedure Act (“APA”) cases is limited to the record compiled by the agency, and Plaintiffs have failed to make the requisite showing to justify departure from that presumption.[1]

In support of their opposition to Plaintiffs’ Motion, Defendants state the following:

  1. Plaintiffs initiated this lawsuit on February 14, 2023, seeking a declaration under the APA that the DOE rule establishing energy conservation standards for manufactured housing, Energy Conservation Program: Energy Conservation Standards for Manufactured Housing (“Final Rule”), 87 Fed. Reg. 32,728 (May 31, 2022), is contrary to the rule’s enabling legislation and is arbitrary and capricious.  See Compl., ECF No. 1, ¶¶ 113-119 (citing 5 U.S.C. §§ 706(2)(C), (2)(D); 42 U.S.C. § 17071); 121-130 (citing 5 U.S.C. § 706(2)(A)).
  1. That same day, Plaintiffs filed a Motion to Stay Agency Action and Request for Expedited Consideration and Hearing pursuant to 5 U.S.C. § 705, ECF No. 5. In support of their motion, Plaintiffs attached, among other documents, three expert reports and a declaration from a member of the Manufactured Housing Consensus Committee (“MHCC”) summarizing the MHCC’s criticism of the Final Rule.  See ECF No. 5, Exhibits 2-5.  The expert reports and declaration opine on the Agency’s conclusions contained in the Final Rule, including, for example, the Final Rule’s requirement for the sizing of heating and air conditioning equipment.  See, e.g., ECF No. 5-2 at 17.  The expert reports and declaration also opine on the Final Rule’s cost analysis.

See, e.g., ECF No. 5-3 at 9, 38-71, ECF No. 5-4 at 5-13; ECF No. 5-5 at 19-61.

  1. “When a party seeks review of agency action under the APA, the district judge sits as an appellate tribunal” for the purpose of “determine[ing] whether or not as a matter of law the evidence in the administrative record permitted the agency to make the decision it did.” Delta Talen, LLC v. Wolf, 448 F. Supp. 3d 644, 650 (W.D. Tex. 2020) (J. Yeakel) (citations omitted).  As such, “‘review [of an agency action] is . . . based on the full administrative record that was before the [agency] at the time [of] decision.’”  Ctr. for Biological Diversity v. Texas Dep’t of Transportation, No. 1:16-cv-876-LY, 2019 WL 12313647, at *26 (W.D. Tex. Sept. 30, 2019) (quoting Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 420 (1971)); see also Luminant Gen. Co. v. U.S. Envt’l Prot. Agency, 714 F.3d 841, 850 (5th Cir. 2013) (“The focal point for judicial review should be the administrative record already in existence, not some new record made initially in the reviewing court.”) (quoting Camp v. Pitts, 411 U.S. 138, 142 (1973)) (internal alterations omitted); Sierra Club v. U.S. Fish & Wildlife Serv., 245 F.3d 434, 444 (5th Cir. 2001) (“Review is generally limited to the record in existence at the time the agency made its decision.”).
  1. “Supplementation of the administrative record” with materials that were not before the agency at the time of its decision “is not allowed unless the moving party demonstrates unusual circumstances justifying a departure from the general presumption that review of the whole record under the APA is limited to the record compiled by the agency.” for Biological Diversity, 2019 WL 12313647, at *26 (quoting Medina Cty. Envtl. Action Ass’n v. Surface Transp. Bd., 602 F.3d 687, 706 (5th Cir. 2010)).  The Fifth Circuit has identified only three such unusual circumstances:  “(1) the agency “deliberately or negligently excluded documents that may have been adverse to its decision;” (2) the district court needs to “supplement the record with ‘background information’ in order to determine whether the agency considered all of the relevant factors;” or (3) the agency “failed to explain administrative action so as to frustrate judicial review.”[2]  Ctr. for Biological Diversity, 2019 WL 12313647, at *26 (quoting Medina Cty. Evntl. Action Ass’n, 602 F.3d at 706).  Plaintiffs, as the parties seeking an expedited hearing on extra record materials, must demonstrate that a departure from the general presumption that judicial review is limited to the record compiled by the agency is justified with respect to the evidence they seek to rely upon.  See Ctr. for Biological Diversity, 2019 WL 12313647, at *26.       
  1. Plaintiffs fail to demonstrate why this Court is unable to decide Plaintiffs’ Motion to Stay Agency Action without an evidentiary hearing. Plaintiffs argue that “this Court regularly holds evidentiary hearings on motions for preliminary injunction[s.]”  ’ Mot. at 2 ¶ 5.  However, this argument is irrelevant to the question of whether an expedited evidentiary hearing on Plaintiffs’ Motion to Stay Agency Action under 5 U.S.C. § 705 is appropriate.  The cases upon which Plaintiffs rely are inapposite because they do not involve a challenge to agency action under the APA, which, as discussed above, see supra ¶ 4, limits judicial review to the administrative record and only permits the use of extra-record materials upon a showing of unique circumstances.  Similarly, the fact that a district court in another circuit stated in an unpublished opinion that it held an evidentiary hearing to resolve a motion for a preliminary injunction in a case brought under the APA, see Pls.’ Mot. at 2 ¶ 5, is neither controlling nor persuasive on the question of whether an evidentiary hearing is appropriate here, particularly as that case did not acknowledge the presumption of record-only review and the unusual circumstances necessary to justify supplementation of the record.
  2. Plaintiffs next argue that “[a]bsent an expedited evidentiary hearing on the Motion to Stay, Plaintiffs’ members face irreparable harm given the Final Rule’s May 31, 2023 compliance date” because that date is “arbitrarily short given publication of the Final Rule on May 31, 2022,” and the lack of procedures for testing, compliance, and enforcement create uncertainty for manufacturers that could result in “substantial legal exposure.” ’ Mot. at 2-3 ¶ 6.  But Plaintiffs’ assertion of irreparable harm due to an impending compliance deadline does not speak to the need for the Court to hold an evidentiary hearing to consider materials outside of the administrative record.  This Court can consider Plaintiffs’ Motion to Stay Agency Action in advance of the Final Rule’s compliance date without considering extra-record evidence.
  1. The only place in Plaintiffs’ Motion where Plaintiffs make any attempt to demonstrate the unusual circumstances necessary to justify the consideration of extra-record materials is Plaintiffs’ assertion that the “Final Rule is rife with factors that the agency failed to Id. at 3 ¶ 7 (emphasis in original) (citing ECF No. 5 at 4-7, 7-11, 13-15, 16-17).  Such conclusory statements are insufficient, however, to overcome the presumption that review of agency action under the APA is limited to the record in existence at the time the agency made its decision.  See City of Dallas, Tex. v. Hall, No. 3:07-cv-0060-P, 2007 WL 3257188, at *10 (N.D. Tex. Oct. 29, 2007) (denying motion to supplement the administrative record where the movant “contend[ed] in a conclusory fashion that an exception should be made . . . because [the material] falls within several of the exceptions for allowing extra-record evidence”).
  2. Aside from being conclusory, Plaintiffs’ assertion that the record is “rife with factors that the agency failed to consider,” Pls.’ Mot. At 3 ¶ 7, is belied by a fair examination of the Final Rule. For example, Plaintiffs’ Motion to Stay Agency Action relies on extra-record material to bolster their claim that the Agency failed to consider aspects of this rulemaking, including the costs associated with testing, compliance and enforcement.  See ECF No. 5 at 4-7.  Similarly, Plaintiffs rely on the expert report of Pavel Darling to support their argument in the Motion to Stay Agency Action that the Final Rule’s cost analysis is flawed because it failed to consider, among other things, actual construction costs.  See, e.g. ECF No. 5 at 7 (citing Darling Report ¶ 48) (“DOE arbitrarily relied upon 2014 cost estimates and then assumed an annual inflationary increase of 3% . . . [h]owever . . .the cost of construction materials has actually increased by 6.5% annually between 2014 and 2021”).  Plaintiffs also rely on the expert report of Mark Ezzo to support their contention the Agency did not consult with the United States  Department of Housing and Urban Development (“HUD”) about the Final Rule.  See id. at 19 (citing Ezzo report at 17) (arguing that failure to consult with HUD led to “fundamental misunderstandings of the manufactured housing industry” including the Final Rule’s requirement that “heating equipment be sized according to Manual S”).
  3. The Final Rule, however, addresses these issues. See, e.g., Final Rule, 87 Fed. Reg. at 32,757-58 (explaining the absence of a certification, compliance, and enforcement system by stating that “DOE notes that many of the requirements in the standards would require minimal compliance efforts . . . and therefore such efforts would result in minimal additional costs to manufacturers.”), 32,759-60 (addressing the one-year compliance timeframe and noting that “many manufacturers already have experience complying with efficiency requirements similar to what DOE is requiring in this final rule” and also noting statutory requirement for DOE to update its regulations within one year of revisions to the International Energy Conservation Code), 32,774 (addressing insulation supply and demand and noting that manufacturers have “flexibility in using any combination of energy efficiency measures” to meet required standards, “manufacturers can continue to use current insulation types and techniques,” and that “DOE is not restricting the type of insulation being used as long as the standards (either prescriptive or performance) are met”), 32,788-91 (discussing various costs, including “the cost analysis of the different energy efficiency measures to be employed as a result of this rule (ceiling, wall, floor, and window insulation)” and “labor costs”), 32,788 (stating referenced studies “are the best current and future estimates of inflation, energy prices, and escalation rates”), 32,745-46 (stating in its examination of affordability impacts of the rule that “[i]n response to the affordability concerns raised by HUD and commenters . . . DOE is finalizing a tiered standard . . . that would alleviate first-cost impacts for purchasers at the lower end of the manufactured home price range”), 32,756-57 (explaining DOE’s consultation with HUD throughout the rulemaking and further noting that DOE’s statutory mandate to promulgate its energy efficiency regulations is separate from HUD’s authority over manufactured housing), 32,781-82 (explaining DOE’s utilization of Manual S for equipment sizing).
  1. In arguing that the Agency failed to consider certain factors in promulgating the Final Rule, Plaintiffs “basically make a merits argument in a discovery motion[,]” Midcoast Fishermen’s Ass’n v. Gutierrez, 592 F. Supp. 2d 40, 44 (D.D.C. 2017). But disagreement with an agency’s analysis and conclusions does not justify a departure from the record rule.  See Standing Rock Sioux Tribe v. U.S. Army Corps. of Engineers, 255 F. Supp. 3d 101, 125 (D.D.C. 2017) (“Disagreement with an agency’s analysis is not enough to warrant the consideration of extrarecord evidence.”); Indep. Turtle Farmers of Louisiana, Inc. v. United States, 703 F. Supp. 2d 604, 613 & n.10 (W.D. La. 2010) (declining to admit as extra-record evidence letters expressing disagreement with agency decision).  Indeed, it bears noting that Plaintiffs not only had the opportunity to raise factors for the Agency’s consideration during the rulemaking, but Plaintiffs availed themselves of that opportunity by submitting detailed comments.  See MHI Comment Letter (Nov. 23, 2021), ECF No. 5-6; TMHA Comment Letter (Nov. 22, 2021), ECF No. 5-1.  And the Final Rule is replete with references to those comments.  See, e.g., Final Rule, 87 Fed. Reg. at 32,743, 32,746, 32,748, 32,754.      
  1. In sum, Plaintiffs have failed to demonstrate the existence of “unusual circumstances justifying a departure from the general presumption that review of the whole record under the APA is limited to the record compiled by the agency.” for Biological Diversity, 2019 WL 12313647, at *26 (quoting Medina Cty. Envtl. Action Ass’n, 602 F.3d at 706). The  Court, therefore, should decline to hold an evidentiary hearing to consider the extra-record materials appended to Plaintiffs’ Motion to Stay Agency Action.

For the foregoing reasons, Defendants respectfully request that the Court deny Plaintiffs’

Motion for an Expedited Evidentiary Hearing on their Motion to Stay Agency Action.

Dated:  March 3, 2023                                           BRIAN M. BOYNTON

Principal Deputy Assistant Attorney General



Special Counsel


                                                                          /s/ Kristina A. Wolfe

KRISTINA A. WOLFE (VA Bar No. 71570)

Senior Trial Counsel

U.S. Department of Justice

Civil Division, Federal Programs Branch

P.O. Box 883, Ben Franklin Station

Washington, DC 20044

Tel: (202) 353-4519; Fax: (202) 616-8470

Email: Kristina.Wolfe@usdoj.gov




On March 3, 2023, I electronically submitted the foregoing document with the clerk of court for the U.S. District Court, Western District of Texas, using the electronic case filing system of the court.  I hereby certify that I have served all counsel and/or pro se parties of record electronically or by another manner authorized by Federal Rule of Civil Procedure 5(b)(2).

/s/ Kristina A. Wolfe




[1] Defendants do not oppose scheduling oral argument (as opposed to an evidentiary hearing) for the first date the Court and the parties are available if the Court concludes argument would aid its consideration of the Motion.

[2] Plaintiffs contend that district courts in the Fifth Circuit routinely consider eight factors when evaluating a request to supplement the administrative record, including the nature of the relief at issue.  See Pls.’ Mot. at 3 ¶ 7 (citing Texas v. Biden, No. 2:21-cv-067-Z, 2021 WL 4552547 (N.D. Tex. July 19, 2021)).  But as the district court in Texas v. Biden observed, most of these exceptions to the record rule “fit within the three broader categories in Medina” and there “will often [not] be a significant practical distinction between the eight exceptions” discussed by the district court and the “three listed in Medina.”  Texas v. Biden, 2021 WL 4552547, at *2.  To the extent there is any conflict between the various lists of factors, Medina controls as circuit precedent.  ###


The PDF of the Defendant’s pleading above is linked here. ##


Part II. Additional Information with More MHProNews Analysis and Commentary in Brief

MHProNews has editorially noted that MHI was arguably late in the game in bringing this case.  To be clear, fair and balance, the need for a good case to be brought against the DOE from the vantagepoint of industry independents, consumers, and others appears real. But precisely because the need was genuine, it is odd at best that MHI waited for so long to bring this case against DOE and Secretary Granholm. That noted, a fair argument could be made by MHI’s defenders that it is ‘better late the never’ to file suit.

Be that as it may, MHI has apparently continued to make moves – legal and otherwise – that objectively may best be described as posturing.  For instance. MHI’s legislative effort was also apparently posturing.  As MHProNews said over a year ago, the MHI ‘legislative effort’ as it was advanced was doomed to fail. Whatever time and costs were tied up in their legislative show, other than a tawdry attempt to earn brownie points with the unsuspecting, was wasted.  Part of the evidence for that is ironically supplied by MHI themselves. MHI has apparently dropped the effort, despite the fact that they were still asking for industry members to send emails to representatives during the lame duck session of the last Congress. That bill, noted MHProNews and citing GovTrack and Skopos Labs as examples in support of those concerns, was obviously going nowhere without Democratic support. What few lawmakers had signed on were all Republicans during a Congressional session that was in the hands of Democrats. Furthermore, a companion bill to HR 7651 was lacking in the Senate. Additionally, even if  there was a Senate bill and enough Democrats could be moved to vote in favor of their legislation, how would they overcome an expected Biden White House veto? A supermajority is needed to do that — if by some miracle the MHI backed bill made it that far. All of which begs several questions: what is Lesli Gooch’s Ph.D. in? Shouldn’t she have known better? Shouldn’t MHI’s board have known better? All of that and more are direct and indirect evidence that MHI was obviously…posturing. 

MHProNews posted this analysis and report on June 9, 2022. It was one of several such items which raised concerns in 2022 that MHI was merely posturing, that there was no serious effort behind this so-called multi-prong strategy. As a MHEC member told MHProNews, MHI – if serious – was engaging in “association malpractice.” This article and others remains relevant as an example of the validity of our expert editorial concerns then and what they reveal about the so-called Machiavellian methods deployed by MHI. https://www.manufacturedhomepronews.com/masthead/h-r-7651-manufactured-housing-affordability-and-energy-efficiency-act-of-2022-skopos-labs-govtrack-reveal-duplicity-or-madness-of-manufactured-housing-institute-mhi-advocacy-claims/
First, this report apparently demonstrates that MHARR was correct and MHI was posturing. but worse than posturing, the documents obtained by MHProNews via a DOE FOIA revealed that MHI was apparently working behind the scenes to advance the kind of regulatory effort that MHI claimed they wanted to stop. If DOE’s attorneys make that argument, several troubling developments might occur. FWIW, MHProNews notes that while MHARR essentially offered to help with the legal challenge launched by MHI-TMHA on 2.14.2023, they may be better off now that MHI has decided to go without MHARR involvement. Any failure on the part of MHI-TMHA and their attorneys wil be all ‘on them,’ not on MHARR. See this report, dated October 16, 2021, which once more reflects why MHProNews readers stay engaged and loyal. Since MHI’s purported duplicity was grasped, our reports with analysis in recent years have routinely stood the test of time. This report is still relevant today on several levels. https://www.manufacturedhomepronews.com/a-more-costly-re-boot-of-fatally-flawed-fundamentally-tainted-sham-doe-negotiated-rulemaking-process-smoking-gun-docu/

Additionally, as MHProNews noted, it was financial support from Warren Buffett connected ‘philanthropy’ that apparently helped fuel the legal action that revived the previously dormant DOE manufactured housing energy rule. Buffett led Berkshire clearly holds sway over MHI, as Clayton Homes and their various ‘stores’ account for roughly 35 percent of MHI members and a sizable chunk of MHI’s budget. The DOE rule can arguably be described as a moat tactic by Clayton Homes and their allies to undermine competitors.

This image above was posted on 2.20.2020. Over three years later, the report linked below is still obviously relevant as factual evidence that helps industry stakeholders understand how the industry arrived at this moment in time. https://www.manufacturedhomepronews.com/masthead/energy-environment-institute-big-donors-conflicts-warren-buffett-mike-bloomberg-undermine-manufactured-housing-via-sierra-club-lawsuit/
Buffett and his disciples love the lessons of history. Buffett does a lot of reading, some 5 to 6 hours daily. While we can’t match that need alone, MHProNews provides a fact, evidence and sound expert analysis resource that gives independents, investors, and public officials sincerely interested in the greater public good the insights needed to better understand the machinations that occur in MHVille.


The video and transcript of the quoted remarks are found at this link here. https://www.manufacturedhomelivingnews.com/warren-buffetts-moat-per-kevin-clayton-ceo-clayton-homes-interview-transcript-video-affordable-housing-and-manufactured-homes/

It is worth repeating the points made by the industry attorney cited above in the inquiry to the MHI-TMHA attorneys. The following was part of a longer emailed exclusive to MHProNews.


ScalesJusticeSilLEGAL-ImagePX-MHProNewsEssentially, what they’re arguing is that absent extraordinary circumstances, a case like this must be decided based on the four corners of the administrative record that DOE developed.

Given that, and given the fact that the record already exists, they argue that there is no need for an “evidentiary” hearing” of any kind, expedited or otherwise.

So, what they’re doing is not only objecting to expedited consideration, they’re also effectively objecting to the supplementation of the existing administrative record with the “expert” affidavits that MHI has filed AND the expert testimony that would presumably be offered at any such evidentiary hearing.

As [name omitted] used to say, “get your appeal briefs ready boys.” If this case can be won, it will have to be won in the court of appeals, regardless of what the present judge does. If he rules in our favor, DOE/DOJ will appeal. They’ll have to and they’ll want to, given what happened in the Social Cost of Carbon case. The real question is what MHI will do if it goes against us. Will they ante up the resources necessary for an appeal? Or will they fold like a cheap suit?”

So, will MHI-TMHA fold like a cheap suit? Will they continue to posture and do minimalist efforts? The investment of time on MHProNews and our MHLivingNews sister site provide industry independents, investors and others with a depth of information that stand alone among others in MHVille trade media in bringing expert insights to issues that stand the test of time. Sadly, the machinations of a few dominating brands and their trade and nonprofit front groups create an environment where misleading actions and information – posturing and paltering – dominate. While MHI might hypothetically pivot, the evidence linked above among numerous other reports found on MHProNews should lead industry readers to question the motivations and actions of MHI and their ‘efforts’ at every turn. Stay tuned, as we monitor the legal case.

These quotes by past or present MHI connected individuals are
reasons to doubt MHI’s motives and effectiveness.


https://www.manufacturedhomepronews.com/namhco-update-manufactured-housing-independents-given-free-new-tools-level-playing-field-with-clayton-homes-skyline-champion-cavco-industries-or-large-manufactured-housing-institute-communities/ All such quotes should not be construed as a blanket endorsement of all that a person or organization has said or done. Rather, with quotes or other references, we apply the principle of separating the wheat from the chaff. There are good reasons to source insights and relevant comments across an array of topics and viewpoints.

PS 1. While the DOE issue is an important one, the report linked below reminds readers of other ramifications of the MHI legal effort that if properly understood could yield growth instead of retreat in manufactured housing sales, production and profits.

HUD Code Manufactured Home Production Decline Worsens in January 2023 per MHARR – Cavco Wm ‘Bill’ Boor Remark on Manufactured Housing Comes Into Sharper Focus; Sunday MHVille Headlines Recap



Danny Ghorbani – Manufactured Housing’s ‘Elephant in the Room,’ per Prior Manufactured Housing Institute Chair, Exclusive Q&A on Key MHIndustry Issues, plus Sunday Weekly MHVille Headlines Recap

PS 2: It is entirely possible that MHI-TMHA has kept their own attorneys in the dark about these background facts, evidence, and insights. Either way, several legal questions emerge that may create liability and exposure for MHI-TMHA if their legal efforts to stop the DOE rule fail.



PS 3: there appears to be conflicting information on LinkedIn as to attorney Kristina Wolf(e). MHProNews has reached out to the attorney in an effort to confirm her photo in the featured image at the top. That item may be corrected, if needed or as warranted.

MHARR Sharpens Attention to Causes, Cures for HUD Code Manufactured Housing Production Decline – Manufactured Housing Institute Flagged, CEO Weiss Wants Congress Probe; plus MHVille Stocks Update


Part III. Daily Business News on MHProNews Markets Segment

The modifications of our prior Daily Business News on MHProNews format 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 3.7.2023 

  • Stocks close sharply
  • The selloff deepened after Fed Chair Jerome Powell warned of higher interest rates
  • NSA chief warns TikTok could censor videos as part of Chinese influence operations
  • US senators unveil bipartisan bill empowering Biden to ban TikTok and other services
  • NTSB launches special safety culture investigation of Norfolk Southern
  • Bud Light Seltzer used to run ads joking that people thought it was beer. It’s not a joke anymore
  • Takeaways from Powell’s congressional testimony
  • French oil refineries blockaded as 1 million protest against pension reforms
  • ChatGPT is coming to Slack
  • There’s a new Reese’s in town, hold the dairy
  • US Justice Department sues to block JetBlue’s purchase of Spirit Airlines
  • Howard Schultz will testify before senate committee on Starbucks’ labor practices
  • Elon Musk publicly mocks Twitter worker with disability who is unsure whether he’s been laid off
  • Ticketmaster goes down again as Eurovision fans rush to snag tickets
  • Snap stock surges as Congress renews efforts to ban TikTok
  • Facebook tests bringing back in-app messaging features as it competes with TikTok
  • WeightWatchers jumps into the prescription weight loss drug business
  • Toyota’s new Prius may be the best argument yet for hybrids
  • Debt default would be ‘catastrophic’ event that could kill millions of American jobs, Moody’s warns
  • Google’s 16th employee is getting her own Barbie
  • Tucker Carlson, with help from Kevin McCarthy, tries to sanitize the very real violence of the January 6 attack
  • What to watch as Fed Chair Powell testifies before Congress
  • Uber is making it easier to find your ride at the airport
  • Sri Lanka expects approval of $2.9 billion IMF deal after China support
  • A takeover battle for the future of K-pop is heating up


Notice: the graphic below can be expanded to a larger size.

See the instructions below the graphic below or click the image and follow the prompts.

In the business world, the rear-view mirror is always clearer than the windshield.” – Warren Buffett. That begs a key question. Why don’t more people LOOK at the rearview mirror more so they can learn more about the patterns that influence what’s ahead? Note: depending on your browser or device, many images in this report can be clicked to expand. or example, in some browsers/devices you click the image and select ‘open in a new window.’ After clicking that selection, you click the image in the open window to expand the image to a larger size. To return to this page, use your back key, escape or follow the prompts. https://www.manufacturedhomepronews.com/in-the-business-world-the-rear-view-mirror-is-always-clearer-than-the-windshield-warren-buffett-mhville-leader-showcases-efforts-to-renew-american-dream-plus-sunday-weekly/

Headlines from right-of-center Newsmax 3.7.2023

  • McCarthy Faces Ethics Complaint for His Release of 1/6 Tapes
  • Public Citizen, a nonprofit watchdog group, filed an ethics complaint against House Speaker Kevin McCarthy, R-Calif., for releasing security camera footage of the Jan. 6, 2021, riot at the U.S. Capitol to Fox News host Tucker Carlson. [Full Story]
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  • Murphy Hits DirecTV’s ‘Blatant’ Attack on Conservatives
  • Ruddy at CPAC: Newsmax ‘Critical’ for America’s Future
  • Gaetz: House Should Hold Hearing on DirecTV Action | video
  • Dean Cain: DirecTV Not for ‘Free Exchange’ of Voices | video
  • Comer: Dems for Censoring Conservatives
  • More Stories on AT&T DirecTV Censorship
  • Austin Scott: Firms Must Dump China
  • Norman: Biden Brings ‘Tax and Spend’ Budget | video
  • McCormick: Border Crisis Led to Kidnappings | video
  • Dick Morris: Trump Will Use Legal Ballot Harvesting to Win | video
  • Ramaswamy: Affirmative Action Is ‘Systemic Racism’
  • Davidson: Concern About Ohio Train Wreck | video
  • Dershowitz: Executive Privilege ‘Absolutely” Protects Pence | video
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In instances such as Apollo, Berkshire Hathaway, Blackstone or others, manufactured housing may only be part of their corporate interests. Note: depending on your browser or device, many images in this report and others on MHProNews can be clicked to expand. Click the image and follow the prompts. For example, in some browsers/devices you click the image and select ‘open in a new window.’ After clicking that selection you click the image in the open window to expand the image to a larger size. To return to this page, use your back key, escape or follow the prompts.

2022 was a tough year for many stocks. Unfortunately, that pattern held true for manufactured home industry (MHVille) connected stocks too.  See the facts, linked below.

‘Stomach Churning Year’ CNN-Wall Street ‘Forget 2022’ Down Year – Major Equities Data Compared to Manufactured Housing Stocks, Manufactured Home Community REITs, Performance for Year by Company




      • NOTE 1: The 3rd chart above of manufactured housing connected equities includes the Canadian stock, ECN, which purchased Triad Financial Services, a manufactured home industry finance 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 REITs, stocks, and other equities named above follow in the reports linked below.

Sun Communities – ‘Development in Our DNA,’ ESG Stance, Q4 2022 Year End Results Earnings Call & PR – Facts, Insights Beyond PR and Official SUI Statements; plus MHVille REITs, Stocks Update

‘Undervalued’ Cavco Industries Touts Q Result$ ‘Dire Need for Housing’ ‘January Traffic Up’- Rev Up 16%-Sales, Earnings, Mgmt Call Data–Analysis Beyond CVCO Statements; plus MHVille Stocks Update

‘Killing’s as Easy as Breathing’ ‘Bad Guys Know More Games’ Warren Buffett Annual Berkshire Hathaway Letter, Clayton Homes, 21st, VMF-Manufactured Home Loans-Compelling MHVille Expert Views

‘Keeping Our Mobile Home Communities Safe, Well-Maintained, Affordable is Vital’ – Attorney General Wm Tong Testimony, More Follow Probe of Sun Communities (SUI) Issue–Latest MHI Member Scandal?

Nobility Homes, Inc. Sales and Earnings for its Fiscal Year 2022 Report, Result$ Best Inflation – Net After Taxes Up 34%, More Fact$; DeSantis ESG and NOBH; plus MHVille Stocks, Market Updates

‘Manufactured Housing in the News,’ Unpacking UMH CEO Sam Landy Op-Ed’ It’s Time for Bi-Partisanship on Affordable Manufactured Housing Homeownership’ in HousingWire; plus MHMarkets Updates

Manufactured Housing Properties-Results for Three and Nine Months Ending September 30.2022–Exploring ‘Mobile Home Park’ Manufactured Home Community Investing; plus MHVille REITs, Stocks Update

‘Changes Will Benefit Customers,’ Boost Sales-Legacy Homes CEO Duncan Bates – LEGH ‘Delivered 22.5% Return on Equity in 1 Yr’ – Corp Q3 2022 Insights, Analysis; plus MHVille REITs, Stocks Update  

CEO Mark Yost, Skyline Champion Insiders SELL Million$ Value SKY Stock, Home Sales Drop-4th Q 2022 (3QFiscal2023), Official Result$-Facts, Analysis, Info Beyond PR; plus MHVille Stocks Update

Triad Financial Services Q2-2022 FINANCIAL RESULTS, per ECN Capital – Several Bright Spots in Manufactured Home Market Highlighted, Including Communities, Retail, Land-Home, Floor; MHStocks Update

BlackRock Document Exposes Central Banks like Federal Reserve on Recession; Manufactured Home Producer Cavco Industries 2022 Year End Results (CVCOQ3.23) Facts+Analysis; plus MHVille Stocks Update


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


2023 Berkshire Hathaway is the parent company to Clayton Homes, 21st Mortgage, Vanderbilt Mortgage and other factory-built housing industry suppliers.
· LCI Industries, Patrick, UFPI, and LP each are suppliers to the manufactured housing industry, among others.
· AMG, CG, and TAVFX have investments in manufactured housing related businesses. For insights from third-parties and clients about our publisher, click here.

Disclosure. MHProNews holds no positions in the stocks in this report.

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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.)

All on Capitol Hill were welcoming and interested in manufactured housing related issues. But Congressman Al Green’s office was tremendous in their hospitality. Our son’s hand is on a package that included a copy of the Constitution of the United States and other goodies. Tamas has grown considerably since this photo was taken. He is now an impressive, often thoughtful, teen. 

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.








Call for Congressional Oversight Hearings of Manufactured Home Industry Regulators Highlighted by Manufactured Housing Association for Regulatory Reform (MHARR); plus MHVille Markets Update

Official HUD Manufactured Housing Production Facts for Dec 2022 plus 2022 Year End Totals Explored by Manufactured Housing Association for Regulatory Reform (MHARR)-“Millions” Needed – Analysis

Facts You Didn’t Know – Martin Luther King Jr – Videos, Insightful Quotes, Surprising Revelations, Videos, Reports, and Illustrations in Champion for Human Rights Including Affordable Housing

‘Global Disinformation Index’ Warren Buffett Ally Bill Gates’ Microsoft Org Charged-Cutting Revenue to Conservative Views via Xandr, GDI; plus Sunday MHVille Headlines Recap

#1 Texas’ Manufactured Housing Builders Survey Says They are ‘Ready for a Rebound’ But Data Point in Question, DOE MH Energy Rule Too – Facts, Analysis; plus, MHVille Stocks, Markets Update

Clayton-Next Step Off-Site Built ‘White Paper’-Manufactured Homes, ThinkND ‘Magic of the Mind-Everyday Illusion, Misdirection, Deception’ MHI Members’ Claims Analyzed; plus MHVille Markets Update


After Admitted Failure, Manufactured Housing Institute Doubles Down on CrossMods® in AP Terminology Doc Acquired by MHProNews–Are MHI Leaders Sabotaging MHVille Independents? Plus MHStocks Update

Concessions by Speaker Kevin McCarthy in House Speaker’s Battle Called ‘Most Significant Win for Conservatives in a Decade’ By Federalist’s Emily Jashinsky Report; plus MHVille Stocks Updates


mas kovach mhpronews shopping with soheyla .jp

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