Under the pre and post amendment Manufactured Housing Act, it is clear that the Alternative Construction process, Regulation 3282.14, Federal Manufactured Home Procedural and Enforcement Regulations, violates the statutory provisions of the "Manufactured/Mobile Home Construction and Safety Standards Act".

3282.14
Alternative construction of manufactured homes.

(e) Notice to prospective purchasers. Manufacturers receiving letters under paragraph (c) of this section shall provide notice to prospective purchasers that the home does not conform to the Standards. Such notice shall be delivered to each prospective purchase before he or she enters into an agreement to purchase the home. The notice shall be in the following form or in such other form as may be approved by the Secretary:

Statutorily, Sec 5409 remains unchanged by the amendment to the Manufactured Housing Act. Encouraging innovation does not give HUD the statutory authority to permit the manufacturers of this product to violate 42 USC 5409(a). 5409(a) states:

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

Sec. 5409. Prohibited acts; exemptions

There is no ambiguity in this section that leaves in question the meaning of what is being said, nor does the Manufactured Housing Act contain any such provisions that give HUD the authority to issue waivers or grant immunities, in any form, to any person, from complying with statutory requirements of 42 USC 5409. On the contrary, it specifically prohibits the Secretary of Housing or anyone else from doing such by stating clearly "NO PERSON SHALL". 3282.14 makes it clear that the exclusions provided for in section (b) of 5409, do not apply, since the manufacturers, with HUD's complicity, are KNOWINGLY selling products that do not comply with the Federal standards. 42 USC, Chapter 70, Section 5410 defines such actions as a federal crime; punishable by civil or criminal penalties, therefore 42 USC 5409(a) cannot be a directional statute. HUD is facilitating the manufacturers of this product in the commission of a federal crime with each issuance of an Alternative Construction letter. In addition, 3282.14(a) states:

3282.14
Alternative construction of manufactured homes.

(e) Such notice shall be delivered to each prospective purchase before he or she enters into an agreement to purchase the home. The notice shall be in the following form or in such other form as may be approved by the Secretary:

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

Sec. 5409 (Section 610). Prohibited acts; exemptions

It is a violation of Federal law for the manufacturers of this product to offer a non-compliant home for sell, therefore the notice required by this regulation runs clearly contrary to federal law. In brief, 3282.14 without any doubt, is contrary to federal codified statutory law.

In addition, 3282.14(a)(2) states:
(2) Where such construction would provide performance that is equivalent to or superior to that required by the Standards; and

There is no need for an alternative construction process to permit the manufacturers of this product to use alternative construction methods that meet or exceed the federal standards; it has always been the intent of the standards to permit such practice by the manufacturers of this product.

3280.303 General requirements.

Finally, 3282.14 states: "homes not in compliance with the Standards under circumstances wherein no affirmative action is needed to protect the public interes".

The Department of HUD is currently issuing Alternative Construction letters to permit extensive on-site completion of two-story dwellings, which includes the need for a crane to place the second story unit, construction of structural framing members, roof membrane, stairs, etc. These units are substantially incomplete, and must be completed on-site to validate any certification of compliance. This makes it clear that extensive affirmative action is required to protect the public interest, and assure compliance with the federal standards. In fact, in the very Alternative Construction letters being issued by HUD pursuant to 3282.14, it list a series of required actions that cannot be defined as anything but affirmative action, and therefore, HUD is clearly violating its own regulation. The issuance of AC letters for the purpose of allowing the construction of two-story and garage ready units runs contrary to the language contained in 3282.14.

Without the existence of a regulatory structure, which there can not be a legally implemented one where affirmative action is required, the Secretary and the Department of HUD cannot assure that homes completed under this process do not pose an unreasonable risk of injury and/or property damage to the first purchaser, much less that the home complies with the federal standards upon completion. The Secretary of HUD should take immediate action to halt the issuance of any further alternative construction letters, repeal any currently issued letters, and develop a plan to locate and determine the current risk that all non-compliant homes sold under this process pose to the purchaser, and the public. Failure by the Secretary to take immediate action to halt the use of the process described in 3282.14 will result in legal action being brought against the Secretary of Housing and the Department of HUD. The same would occur if the Secretary fails to follow through with enforcement actions to remedy past violations of Federal law.

We should not have to remind the Department and the industry that the Departments failure to enforce federal law, or facilitation of the commission of a crime, does not excuse, or provide immunity to the manufacturers of this product for committing such crimes. This regulation in itself provides ample proof that a very deleterious relationship has, and currently exists between HUD and this private industry. Failure for HUD to take appropriate and immediate action in this matter will solidify that this deleterious relationship has turned criminal in nature. While it may be true that HUD staff is provided with immunity in such matters, the fact that HUD staff cannot be prosecuted for such a crime does not mean that their actions have not resulted in the commission of a civil or criminal crime. While it may be true that HUD is understaffed, this provides no excuse for HUD to facilitate the commission of a crime, and this shows just how little regard that the Department has for the health and safety of the purchasers of manufactured housing.

Sincerely,

John Taylor
Founder - "The American Internet Society of Manufactured Home Owners"