The Bogus Amendment to the Definition for
"Manufactured Home"

By: John Taylor, "The American Internet Society of Manufactured Homeowners"

For the benefit of our Congressman who may not know that they amended a central definition within the National Manufactured Home Construction and Safety Standards, they did so in 1998. This was accomplished by inserting a recreational vehicle clause clarification on page 200 of 220 pages of a an appropriations bill, Public Law 105-276; this will be published in part at the end of this report.

This amendment may seem harmless to some, and admittedly, it is difficult to ascertain what HUD and the Industry are really up to with this amendment. What we do know from industry publications is that HUD is preparing to change the definition of manufactured home in the regulations, and that the industry in its publications seems very excited by this. This would seem at odds, since this should have no significant impact on the structure of the current definition contained in the standards. HUD has not published any notice whatsoever of this intended change, even though one industry publication stated in July 2000, that the rule change would be final in September of 2000, today's date is August, 23, 2000. So far, there has been no response from Elizabeth Cocke, the acting director of Consumer and Regulatory affairs for HUD, on our inquiries into this matter. It would seem that the Modus Operandi of HUD, to operate in secret so as to exclude the consumers from the legal process of rule making, is alive and well within HUD.

In 1998, the Industry introduced and succeeded in getting Congress to amend the definition of Manufactured home, to exclude self-propelled recreational vehicle. This was an ambiguous undertaking since the definition of manufactured home did not include recreational vehicles of any sorts to begin with. Let us take a look at the July 23rd, 1973 testimony before the Senate Subcommittee on Housing and Urban Affairs. This tells us that the Senate version, S.1348 that became the "National Mobile Home Construction and Safety Standards Act" did not include recreational vehicles within the definition of what was then "mobile home."

Representative Frey of Florida
The major difference between the two bills is my inclusion of both recreational vehicles and mobile homes. My bill, H.R. 5224 would add separate Titles for Mobile Homes and Recreational Vehicles Safety standards.

The reference to two bills is; one is H.R. 5224 and the other being S.1348.

Representative Frey goes into lengthy detail about the differences and the construction of H.R. 5224. His version of the legislation, H.R. 5224 would for example have created two separate advisory councils to advise the Secretary of Housing on the promulgation of Federal standards, separate to each product and this is not the case. The development of standards would have been accomplished through a newly created National Institute for Mobile Home and Recreational Vehicle Safety, which would have been comparable to the NHTSA in Dot, this does not, nor has it ever existed. These are just a couple of the many major differences between the two bills that tell us which one was passed into law, and it had to be S.1348 since no others contained the same language as the FMHCSS Act, except S.1348.

Whenever recreational vehicles are mentioned in the testimony, they are never referred to as being the same as a mobile home, and are always addressed as separate terms.  It is reasonable to believe, that had the Act included recreational vehicles of any type, then the lawmakers who drafted S.1348 would have referred to recreational vehicles in the language of the Bill. The statement by Representative Frey makes it clear at this time that Senate Bill S.1348 did not include recreational vehicles, and it was this Bill that was passed into law and became known as the "National Manufactured Home Construction and Safety Standard."

So how do we know that the Senate Subcommittee did not decide to adopt recreational vehicles into the Senate version of the National Mobile Home Safety Standards? This is simple because the manufactured housing industry tells us this fact because self-propelled recreational vehicles have never carried a Manufacturer's certification of compliance with the Federal Manufactured Home and Construction Safety Standards, nor have any towed recreational vehicles ever carried this certification and most importantly, the original, as well as pre-amended definition tells us so. This would mean that either the manufacturers of manufactured homes, who also produce recreational vehicles have completely ignored the Act in this aspect of their industry, a possibility with this industry given its history, or they knew full well that this definition of "manufactured home" did not include self-propelled recreational vehicles, or for that matter, any type of recreational vehicle. The makers of recreational vehicles, tow away or drive away, being the same as the makers of mobile homes have always accomplished their certifications for recreational vehicles of all types through Underwriters Laboratory acting as the third party agency and have never been subject to the FMHCSS Act.

Just incase members of Congress did not know, when they made the change to the definition of "manufactured home" shown below in the underlined part for the Motor/Trailer Coach Association, this Association is controlled and funded by the Manufactured Housing Industry since they for the most part, one in the same.

How do we know that they were one in the same and they still are?

Representative Frey of Florida
The legislation recognizes the differences in the usage and construction of mobile homes and recreational vehicles by providing for the separate establishment and enforcement of standards for each. But, the legislative scheme includes both, because many are manufactured, by the same companies.

In addition, one only needs to access the Securities and Exchange Commission records and RV makers web sites to verify that this is still the case today.

Don't get confused by this next part, the Trailer Coach Association, being the same as the manufacturers of this product, supported this version of this legislation because it excluded all recreational vehicles, including self-propelled ones, which the manufactured/trailer coach industry would support. The president of the Mobile Home Manufacturers Association, representing as well, the Trailer Coach Association, and the Southeastern Manufactured Housing Institute, now known only as the Manufactured Housing Institute, prepared a mark-up of Senate Bill S.1348, in which they clarified the definition of Mobile Home and this markup was inserted into the congressional record. We will publish the original definition first, followed by the industry proposed version, which was used with some added components, and then finally the version in law today. What you should notice is that all three are basically the same and contain no reference to recreational vehicles of any type, and we know from previous statement by lawmakers that the original version excluded recreational vehicles.

Original Definition
"mobile home" means a transportable structure which exceeds eight body feet in width and thirty two body feet in length and is built on a chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities.

Definition proposed by the Industry
"mobile home" means a structure, transportable in one or more sections, which exceeds eight body feet in width, equipped with running gear, and designed to be used as a dwelling when connected to the required utilities;

Before we move on, we should clarify why they were playing around with the construction or language of the definition, specifically the dimensions. They were trying to insure that in all circumstances that Recreational Vehicles would be excluded from the standards that were promulgated under this Act.

The current definition
''manufactured home'' means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary and complies with the standards established under this chapter; and except that such term shall not include any self-propelled recreational vehicle;

AMENDMENTS

1998 - Par. (6). Pub. L. 105-276 inserted before semicolon at end ''; and except that such term shall not include any self-propelled recreational vehicle''.

The final draft version was kind of a hybrid between the industry proposed definition and the original draft version.

What most people do know is that in many States, you cannot operate a recreational vehicle in excess of 96" in body width (8Body feet in width) on the public roads of that State. You should check with your State before purchasing a RV that exceeds 96" or 8 feet in body width. Although there are RV's that exceed, and this is few, 40 feet in body length, they require a commercial driver's license to operate, under most every States law. The initial cost of such a vehicle, and the added burden of operation makes them impractical for but a few persons in this country. The industry may argue that it was for these few that they proposed and prompted lawmakers to amend the definition of "manufactured home." This was impractical and redundant since the definition did not include recreational vehicles in the first place, and 22 years of history is ample time to let it be known to all, that recreational vehicles are not included by the previous definition, making accidental incorporation an impossible occurrence. 

The industry and HUD have held out to members of Congress, for the purpose of legitimizing their argument, the idea that the Act included recreational vehicles, and is one of the reasons that the Act should be amended to allow for the creation of standards, specific to manufactured housing.

The great news is that there is no need to amend the current Act, for this purpose, since the Act could have in no possible way, ever included recreational vehicles. This truth is in the standards created under the guidelines of the Act, and there being no indication or mention anywhere within the standards to specific standards for recreational vehicles. If this had been the case, to paraphrase Congressman Frey, separate standards by HUD and DOT, for recreational vehicles, and mobile homes, and there are no separate standards specific to recreational vehicles, nor has there ever been in this program. In fact, there are few regulations period, for recreational vehicles and what few there is, are promulgated by DOT. Given the manufacturers long history a consumer abuse, maybe someone should be collecting information on RV's from some source exclusive of the Manufactured Housing Industry controlled Associations.

The excerpt below contains the heading of P L 105-276 and one section prior to the amendment to the FMHCSS Act,  the amendment to one of the most central definitions of the FMHCSS Act and one section after the amendment to the FMHCSS Act. This is to show how easily this could have been overlooked by even the most seasoned lawmaker, and his or her staff. Read the clarification for recreational vehicles carefully.

Public Law 105–276
105th Congress
An Act
Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes, namely:
Oct. 21, 1998

PAGE 200 of 220
SEC. 599. TENANT PARTICIPATION IN MULTIFAMILY HOUSING PROJECTS.
(a) IN GENERAL.—The last sentence of subsection (a) of section 202 of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1715z–1b(a)) is amended by inserting before the period at the end the following: ‘‘, or a project which receives project-based assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) or enhanced vouchers under the Low-Income Housing Preservation and Resident Homeowner-ship Act of 1990, the provisions of the Emergency Low Income Housing Preservation Act of 1987, or the Multifamily Assisted Housing Reform and Affordability Act of 1997’’.
(b) APPLICABILITY.—The amendment made by this section is made on, and shall apply beginning upon, the date of the enactment of this Act.
SEC. 599A. CLARIFICATION REGARDING RECREATIONAL VEHICLES.
(a) IN GENERAL.—Section 603(6) of the Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402(6)) is amended by inserting before the semicolon at the end the following: ‘‘; and except that such term shall not include any self-propelled recreational vehicle’’.
(b) APPLICABILITY.—The amendment made by this section is made on, and shall apply beginning upon, the date of the enactment of this Act.
SEC. 599B. DETERMINATION OF LOW-INCOME ELIGIBILITY FOR
HOMEOWNERSHIP ASSISTANCE.
(a) INCOME TARGETING.—Section 214(2) of the Cranston-Gonzalez National Affordable Housing Act is amended by striking ‘‘at the time of occupancy or at the time funds are invested, which-ever is later’’.
(b) QUALIFICATION AS AFFORDABLE HOUSING.—Section 215(b)(2) of such Act is amended to read as follows:
"(2) is the principal residence of an owner whose family qualifies as a low-income family—
"(A) in the case of a contract to purchase existing housing, at the time of purchase;
"(B) in the case of a lease-purchase agreement for existing housing or for housing to be constructed, at the time the agreement is signed; or
"(C) in the case of a contract to purchase housing to be constructed, at the time the contract is signed;".
(c) APPLICABILITY.—The amendments made by this section are made on, and shall apply beginning upon, the date of the enactment of this Act.