In a statement released today, MHARR said, “Those Executive Orders, among other things:
(1) impose a “regulatory freeze” as of January 20, 2017, requiring that any new “regulatory action” by a federal Executive Branch agency be approved by an agency head or designee appointed by President Trump;
(2) require that any federal agency proposing a new regulation for notice and comment “identify at least two existing regulations to be repealed” (see, Executive Order 13771, issued January 30, 2017); and
(3) establish “the policy of the United States to alleviate unnecessary regulatory burdens placed on the American people,” while establishing a process for agency review, modification, and/or repeal of existing regulations that “eliminate jobs or inhibit job creation, are outdated, unnecessary, or ineffective, or impose costs that exceed benefits” (see, Executive Order 13777, issued February 24, 2017).
Together, these orders, as determined by a recent study of federal rulemaking, have reduced “overall [federal] regulatory volume … to historically low levels,” consistent with the Trump Administration’s pledge to “deconstruct” the federal regulatory state,” MHARR told the Daily Business News on MHProNews.
Defiance of Federal Law?
“Each of these orders carries the full force and effect of federal law, and is binding on the HUD program and the HUD program Administrator,” MHARR says.
The points made echoed a column by MHARR President and CEO, Mark Weiss, JD – who said in September that, “For Manufactured Housing, the Obama Administration has Never Left Town.”
But today’s statement went further.
“Nevertheless, the program and its holdover Administrator have continued to move forward at a rapid pace with new regulatory requirements for manufactured housing that flout the orders’ specific requirements,” the release said.
“Most recently, the federal program announced in the Fall 2017 HUD Semi-Annual Regulatory Agenda (SRA) that it will soon propose a rule to establish new and amended manufactured housing construction and safety standards to address, among other things, carbon monoxide detectors, stairway requirements, fire safety considerations for attached garages, draftstops, and requirements for venting systems,” the release stated.
Such regulations, as longtime Daily Business News readers know, have a disproportionate impact on smaller, independent producers, per the National Association of Manufacturers.
That increased impact on independent builders was confirmed by a senior official with a HUD Code builder. That company was purchased by one of the industry’s two dominant producers. Those two manufactured home builders also dominate the Manufactured Housing Institute (MHI).
Going Rogue
“There is no indication, however, that this impending rule – or the decision to go forward with its publication — has ever been reviewed or approved by a Trump Administration appointee, has ever been subjected to a process within HUD to ensure compliance with Executive Order 13777, or that it will be paired with two or more HUD regulations designated for repeal as required by Executive Order 13771,” MHARR said.
“To the contrary, the “rogue” and unlawful status of this regulatory action by an activist manufactured housing program administrator, is demonstrated by the fact that this impending proposed rule for manufactured housing was the one and only proposed rule for HUD – as an entire agency – listed in the Fall 2017 SRA,” their statement to the Daily Business News said.
“Holdover Administrator,” Pam Danner, JD
“Thus, while rulemaking activity and the imposition of new regulatory burdens has been reduced substantially by the Trump Administration at all federal agencies – including HUD — the federal manufactured housing program,” MHARR asserts, “under its holdover administrator, continues to openly defy President Trump’s regulatory policies and orders designed to reduce the burden of federal regulation on American industry (particularly small businesses) and American consumers.”
“The solution to much if not all of this activity to circumvent Trump Administration policy lies in new leadership for the HUD program appointed by President Trump,” the Washington, D.C. based trade group for independent producers stated.
“MHARR, therefore, in face-to face meetings with Trump Administration officials at HUD and publicly, unlike any other national manufactured housing industry organization, has called for the re-assignment and replacement of the current holdover program Administrator with an administrator appointed by President Trump. Given the importance of proper leadership for the program that will respect the policies of the Trump Administration, MHARR will continue to aggressively assert this position, and will also file comments, as appropriate, to address the impending proposed rule as described in the Fall 2017 HUD SRA.”
That underscored segment above are ‘code words’ for the Manufactured Housing Institute (MHI). MHProNews and others in the industry have asked the Arlington, VA based MHI for an explanation on why they don’t request that Danner be removed.
At the recent Deadwood, SD industry meeting, MHI SVP and General Counsel, Rick Robinson, ducked that and other questions. Robinson did so in the presence of dozens of industry professionals, some of whom asked, ‘what are they hiding.’
An MHI board member emailed MHProNews today to say, “I am not happy about it [how unresponsive MHI is to their own members, and the industry’s trade media] and many others feel the same as me.”
“With the principal beneficiaries of all this program activity being HUD Code industry competitors, program contractors and the industry’s largest corporate conglomerates, that activity raises a serious question as to who at HUD is allowing the holdover program administrator to remain in place, “under the radar,” and continue to act and function within a de facto “no-man’s land at the Department,” MHARR said.
“While MHARR has consistently, factually and accurately identified and exposed the relevant details of this matter, as well as legitimate bases for the re-assignment and replacement of the current program administrator, the collective failure of the industry to date to have a new program administrator appointed by the Trump Administration can only be attributed to the industry’s usual go-along-to-get-along segment, which continues to hamper real (rather than illusory) progress in the nation’s capital.” Go along get along are also seen as code words for MHI. ## (News, analysis.)
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