House Passes Language to Prevent MH Regulatory Overreach

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MH Regulatory Overreach

Affordable Housing Update: HUD halted on MH Regulatory Overreach

U.S. House of Representatives has unanimously moved to stop HUD’s expansion of regulation on manufactured housing that impact installation of garages and carports, frost free foundations and new requirements for on-site completion of construction. 

Bill sponsor Rep. Andy Barr (R-Kent.) and Terri Sewell (D-Ala.) were able to secure a bipartisan vote on the amendment in session late Wednesday. 

The Manufactured Housing Institute has provided “ongoing and aggressive efforts with Congress to improve the regulatory climate for manufactured housing at HUD,” MHI said in a prepared statement on the change.

With passage in the House, the Bill will move its way to Senate consideration.

Barr’s amendment, which passed by a voice vote, prohibits HUD from using any of the funds made available by Congress in Fiscal Year 2018 to implement, administer, or enforce three HUD actions that are inconsistent with the statute and negatively impact manufactured housing professionals and owners.

The actions that would be stopped

  • On-Site Completion of Construction Requirements – HUD’s extensive new requirements for home features that are completed after a manufactured home is delivered on-site has resulted in popular consumer amenities, such as French doors and window dormers, to no longer be offered by some manufacturers. Such restrictions, which are unrelated to home safety or performance, unnecessarily impact consumer choice.
  • Foundation Requirements in Freezing Areas – Without clear evidence that installation systems are failing, HUD is limiting the ability of states to administer their own installation programs. States should be permitted to establish and enforce regulations based on acceptable engineering practices and determine acceptable alternative designs.
  • Construction of Add-Ons, such as Carports and Attached Garages – HUD’s effort to oversee the on-site installation of add-ons to homes that comply with HUD standards when they leave the factory is in direct conflict with the statute.  In early 2017, HUD arbitrarily expanded its overreach to include carport-ready homes. The production of carport-ready homes is a common and longstanding practice that has been a staple of manufactured housing for decades. This action by HUD has increased home prices for carport-ready homes and significantly curtailed this feature that is extremely popular and sought after by consumers.

Any questions on the legislative change can be directed to MHIgov@mfghome.org, the originator of this report. MHI also asks that individuals and organizations in support of the amendment call their Senators today to lobby for passage.