“Facts are stubborn things.” – Mark Weiss, J.D., President and CEO of the Manufactured Housing Association for Regulatory Reform (MHARR). It is attorney, MHARR President and CEO Weiss that helped obtain, preserve and provided for the manufactured housing industry a faxed letter from Democratic lawmakers that could prove to be a pivotal piece of evidence in understanding the behavior of lawmakers and public officials, including the administrations of Bush-Cheney (R), Obama-Biden (D), and Biden-Harris. The insights from those Democratic lawmakers should also be applied to Trump-Pence’s time in the White House, but with a caveat that will be addressed later in this exclusive report with analysis. MHProNews will start with those stubborn facts from that letter by Democratic lawmakers to then HUD Secretary Mel Martinez (R), the U.S. Senate confirmed appointee of the Bush-Cheney (R) administration. As industry professionals read this letter below this question should be pondered: why didn’t the Manufactured Housing Institute (MHI), the industry’s self-proclaimed post-production national trade group, ask one or more of the legislators that they have given MHI PAC money to for a similar letter to be sent to the Biden-Harris (D) White House?
Here is why the letter below continues to matter to those who want to see robust production return to the manufactured housing industry in the U.S. “We study history in order to understand the present and prepare for the future. Because anything that’s happened before can happen again.” That statement was part of 2.29.2020 televised remarks by then House Majority Whip James “Jim” Clyburn (D). One may or may not agree with Clyburn’s politics, but the wisdom and relevance of his statement about the importance of history in understanding current events made by Clyburn is demonstrably true. First elected in 1992, Bing‘s AI powered Copilot said Clyburn participated in the voice vote used to enact the Manufactured Housing Improvement Act of 2000 and its “enhanced preemption” provision.
The letter below from Democratic members of the House Financial Services Committee is found in the report with analysis linked here. Note that letter will turn 21 years old in about 2 months. The significance of that will also be explored in Part II. This will set the stage for what to consider among the possible insights or takeaways from the Trump-Harris debate.
The MHVille markets report is Part III of this article.
Part I – Democratic Lawmakers Letter on Enhanced Preemption in Manufactured Housing Improvement Act of 2000
Honorable Mel Martinez
Secretary
Department of Housing and Urban Development
451 7th Street, SW
Washington, DC 20410
Dear Secretary Martinez:
We are writing to express our deep disappointment in HUD’s July 17 rejection of the Manufactured Housing Consensus Committee recommendation, which addresses the problem in the siting of manufactured homes. We ask HUD to use its expanded authority under the “Manufactured Housing Improvement Act of 2000” to address this growing problem, which is undermining homeownership opportunities for low-income and minority Americans.
The Millennial Housing Commission concluded that “During the 1990s, manufactured housing placements accounted for one quarter of all housing starts and, from 1997 to 1999, 72 percent of new units affordable to low income homebuyers.” Unfortunately, discrimination in the siting of manufactured homes continues to undermine its full potential to meet the needs of low-income homebuyers. A September 2002 Ford Foundation study on manufactured housing noted that “zoning and code rules continue to be a major barrier,” and that “the vast majority of local governments continue to discriminate against manufactured housing, thereby limiting its potential to meet the needs for affordable housing.”
You have made homeownership a top Administration priority, emphasizing opportunities for low-income Americans. You have also made reducing local barriers to affordable home ownership a top priority announcing on June 10th a Department-wide effort to break down such barriers, in order to create “an environment to increase minority homeownership.”
The very first recommendation of the Manufactured Housing Consensus Committee addressed the problem of discrimination against localities enforcing discriminatory covenants made by private landowners. We believe HUD’s summary rejection of this proposal is inconsistent with HUD’s stated priority of removing barriers to affordable low-income homeownership opportunities.
We understand that HUD may have concerns about its legal authority to implement this particular proposal. But, we believe that HUD should have taken this opportunity to use its expanded legal preemption authority under the 2000 Act to develop a Policy Statement or regulation to make it clear that localities may not engage in discriminatory practices that unfairly inhibit or prohibit development and placement of manufactured housing. We understand that some in the industry have asked HUD to take action and we urge HUD to be responsive to this request.
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We are also troubled by the legal analysis HUD used in its July 17th rejection of the Consensus Committee recommendation. HUD’s analysis relies on rulings in cases that predated the 2000 Act amendments, which render such rulings obsolete. Moreover, HUD’s legal analysis states that the 2000 Act amendments “did not modify the basic substance of the statutory preemption provision.” Such a statement ignores the plain language of the 2000 Act changes.
Prior to the 2000 Act changes, the statute merely prohibited states and localities from establishing any standard regarding construction or safety “applicable to the same aspect of performance of such manufactured home which is not identical to the Federal manufactured home construction and safety standard.” The 2000 Act broadened this provision to add that: “Federal Preemption under this subsection shall be broadly and liberally construed to ensure that disparate State or local requirements or standards do not affect the uniformity and comprehensiveness of the standards promulgated under this section nor the Federal superintendence of the manufactured housing industry established by this title.” [italics added].
The 2000 Act amendments also expanded the findings and purposes of the Act. Prior to 2000, the statutory findings declared it necessary to establish construction and safety standards merely to “reduce the injuries, deaths, insurance and property damage,” and “to improve the quality and durability of manufactured homes.” The 2000 Act amendments introduced the new findings that “manufactured housing plays a vital role in meeting the housing needs of the nation” and that “manufactured homes provide a significant resource for affordable home ownership.” New purposes were also introduced by the 2000 Act, which includes protecting the “affordability of manufactured homes,” and “facilitating the availability of affordable manufactured homes and to increase homeownership for all Americans.”
Thus, the 2000 Act expressly provides, for the first time, for “Federal preemption,” and states that this should be “broadly and liberally construed” to ensure that local “requirements” do not affect “Federal superintendence of the manufactured housing industry.” Combined with the expansion of the findings and purposes of the Act to include for the first time the “availability of affordable manufactured homes,’ the 2000 Act changes have transformed the Act from solely being a consumer protection law to also being an affordable housing law.
More specifically, these combined changes have given HUD the legal authority to preempt local requirements or restrictions which discriminate against the siting of manufactured homes (compared to other single family housing) simply because they are HUD-code homes. We ask that HUD use this authority to develop a Policy Statement or regulation to address this issue, and we offer to work with you to ensure that it comports with Congressional intent.
Sincerely,
A PDF copy of that document is found linked here.
Part II Additional Information with More MHProNews Analysis and Commentary
From the headline items, consider the following facts, insights, and viewpoints.
1) During the Bush-Cheney (R) term in office, it is clear that the Manufactured Housing Improvement Act of 2000 (a.k.a.: MHIA, MHIA 2000, 2000 Reform Law, 2000 Reform Act) and its enhanced preemption provision were not properly enforced in the minds of those Democratic lawmakers who that signed that letter shown above. Instead of manufactured housing production growing, as the law intended, local zoning barriers were thwarting HUD Code manufactured home placements, limiting affordable housing options to large numbers of Americans, as those lawmakers berated Secretary Martinez.
Initially, and for a time following the enactment of the MHIA or 2000 Reform Law, the Manufactured Housing Institute (MHI) gave the industry updates on the progress of its implementation. An example of that fact is evidenced from this document that is now no longer shown on the public-facing side of the MHI website.
Note the two names underscored in this letter. William “Bill” Matchneer. Mark Calabria. They and their significance will be shown later in this report. Note too that this MHI generated based document (the arrows and call out boxes were added by MHProNews) said over 21 years ago, and 5 years before the Housing and Economic Recovery Act (HERA) of 2008 was enacted that the Government Sponsored Enterprises (GSEs) of Fannie Mae and Freddie Mac are “working with the industry” to “develop securitization programs for MH loans.”
Those in the industry who trusted that MHI meant what it said above at that time about enhanced preemption implementation and securitization for manufactured housing loans are still waiting for those items to become reality.
2) As millions of youths in the U.S. were taught in their school years, in order for a bill to become law, two identical pieces of legislation must first be enacted by both the House and the Senate. Per the Senate report in favor of enacting the MHIA (i.e.: the 2000 Reform Law) is the following. It is worth noting how much housing inflation has impacted the cost of both manufactured housing and conventional housing. Per U.S. News and World Report on June 14, 2024: “the median sale price of a new traditionally built [single family site-built] home sold in the first quarter of 2024 was $513,100. The Federal Reserve Bank of St. Louis shows that the median sale price of a new manufactured home in January 2024, the most recent numbers available, was $148,100.” The Senate report shows a manufactured home in 1998 averaged $43,800 (without land) and a site-built house without land cost $136,425.
Presently, over 19 million Americans live in approximately 9 million manufactured homes. According to the Department of Commerce, the average cost of a new manufactured home in 1998 was $43,800 (excluding land) compared with $136,425 (excluding land) for a new site-built home, thus extending home ownership to Americans who may otherwise be unable to purchase their own home. The median income for a manufactured home owner was $24,500 in 1996 and according to Mr. Rutherford Brice, who testified on behalf of the American Association of Retired Persons (AARP), ``44 percent of the manufactured home owners are aged 50 and above.'' \1\
That same Senate report in favor of the MHIA (styled Senate bill or S. 1452) also said “manufactured housing has become a private-sector solution to affordable housing” in the following context.
What started as a ``travel trailer'' and gained popularity for recreational outdoor activities in the 1940's and 50's, has become a very reasonable, affordable option for permanent housing. Indeed, once shipped and anchored (most commonly to a concrete foundation), these homes are rarely, if ever, moved. Thus, manufactured housing has become a private-sector solution to affordable housing. For this reason, the Banking Committee believes Congress should update the laws to reflect the technological developments and increased reliance on this sector of the housing industry, which contributes more than $33 billion annually to our domestic economy. HISTORY OF THE LEGISLATION The Manufactured Housing Improvement Act of 2000, S. 1452, was introduced on July 28, 1999 by Senators Shelby, Bayh, Bryan, Rockefeller and Bingaman. Senators Craig, Hutchinson, Inhofe, Burns, Lott, Snowe, Santorum, Mack, Smith (OR), Cochran, Helms, Bunning, Lugar, Collins, Crapo, Roberts, Sessions, Johnson, Cleland, Hagel, Hollings, Abraham, Bennett, Coverdell, Daschle, Lincoln, Edwards and Allard were all added as additional cosponsors. The Subcommittee on Housing and Transportation conducted a legislative hearing to consider S. 1452 on October 5, 1999. The Subcommittee received testimony from: Senator Evan Bayh (D-IN); the Honorable William Apgar, Assistant Secretary for Housing & Federal Housing Commissioner, Department of Housing and Urban Development; Mr. William Lear, Vice President & General Counsel, Fleetwood Enterprises, Inc., who testified on behalf of the Coalition to Improve the Manufactured Housing Act (the ``Coalition''); \2\ and Mr. Rutherford Brice, a member of the Board of Directors, American Association of Retired Persons.
As MHProNews has previously reported, the Fleetwood of yesteryear was independent and one of the two giants of its era, unlike the Fleetwood Homes of today, which is one of several subsidiaries of Cavco Industries (CVCO).
3) Another notable provision of the Senate background favoring enacting the MHIA said the following in favor of encouraging a secondary market for FHA loans to “promote the affordability of manufactured homes.”
Section 7. Research, testing, development, and training Section 608 of P.L. 93-383 is amended by adding two activities which the Secretary of HUD may conduct to carry out the purposes of the Act: encouraging the government sponsored housing entities to develop and implement secondary market securitization programs for Federal Housing Administration (FHA) manufactured home loans and other loan programs; and reviewing the programs for FHA manufactured home loans and development of such changes to promote the affordability of manufactured homes, including changes in loan terms, amortization periods, regulations and procedures.
4) That Senate report on the then pending MHIA also said the following. The first clause below meant that they expected minimal added costs for producers while greater production of manufactured homes was expected as a result of passing the legislation that became the 2000 Reform Law. But the second quoted clause shown is also significant. “S. 1452 contains several preemptions of state authority…” Meaning, lawmakers knew that they were passing into law a bill that provided for federal preemption which has been described as “enhanced preemption.” Note again that lawmakers observed that the overdue failure to update the original 1974 legislation that established the manufactured housing industry as the successor to the mobile home industry was an “oversight not only adversely affects the producers of manufactured housing, but also consumers who purchase and live in these homes. S. 1452 directly addresses the lack of progress in updating both statutes and regulations, which we believe, will be of significant benefit to all parties influenced by this section of the housing industry.” Congress expected that passing the statue would result in updated “regulations.” See MHARR’s latest Issues and Perspective and an MHI memo on related topics at this link here. The Senators concluded by saying: “It is a good bill for both consumers and industry.”
Any direct economic impact is considered to be minimal, while it is believed that a secondary impact of greater commerce will result.
S. 1452 contains several preemptions of state authority:
We would like to join Senator Shelby and the other sponsors of S. 1452, The Manufactured Housing Improvement Act of 2000, in recommending this bill for passage. As the report makes clear, the laws governing the manufactured housing industry have been overlooked for far too long. This oversight not only adversely affects the producers of manufactured housing, but also consumers who purchase and live in these homes. S. 1452 directly addresses the lack of progress in updating both statutes and regulations, which we believe, will be of significant benefit to all parties influenced by this section of the housing industry.
Both industry and consumer groups have expressed their desire to cooperate on these matters and we feel that these remaining issues can be rectified without jeopardizing the passage of the bill. Again, it is our intention that this bill move forward expeditiously. It is a good bill for both consumers and industry. Senator Paul Sarbanes. Senator John Edwards. Senator Richard Bryan. Senator Evan Bayh. Senator John F. Kerry. Senator Chris Dodd. Senator Tim Johnson. Senator Charles Schumer.
5) So, from the above pull quotes from the 106th Congress’ record for the MHIA (bold added for emphasis): “Thus, manufactured housing has become a private-sector solution to affordable housing. For this reason, the Banking Committee believes Congress should update the laws to reflect the technological developments and increased reliance on this sector of the housing industry, which contributes more than $33 billion annually to our domestic economy.” Once more, MHProNews’ prior observation that MHI’s inexplicable error in understating in their “infographics” for years the economic impact of manufactured housing ought to be recalled.
Democratic lawmakers (see their letter in Part I) said that part of their legislative intent was (bold added for emphasis) that: “the 2000 Act expressly provides, for the first time, for “Federal preemption,” and states that this preemption should be “broadly and liberally construed” to ensure that local “requirements” do not affect “Federal superintendence of the manufactured housing industry.””
The Senate in their consideration of the MHIA similarly observed that “S. 1452 contains several preemptions of state authority.”
6) Nevertheless, despite the stated goal of essentially promoting: “manufactured housing has become a private-sector solution to affordable housing. For this reason, the Banking Committee believes Congress should update the laws to reflect the technological developments and increased reliance on this sector of the housing industry, which contributes more than $33 billion annually to our domestic economy,” manufactured housing languished and faded instead.
Inquiring minds should wonder why. But first, more facts and evidence.
Before the enactment of the 2000 Reform Law this was the industry’s production from 1995-2000.
Year | Production |
---|---|
1995 | 344,930 |
1996 | 363,345 |
1997 | 353,686 |
1998 | 373,143 |
1999 | 348,075 |
2000 | 250,366 |
7) As was noted, during the Bush-Cheney (R) term in office, despite the MHIA’s enactment, HUD Code manufactured housing production fell.
Year | Production |
2001 | 193,120 |
2002 | 165,489 |
2003 | 130,815 |
2004 | 130,748 |
2005 | 146,881 |
2006 | 117,373 |
2007 | 95,752 |
2008 | 81,457 |
Note that 2002 and 2003 were the years that Warren Buffett led Berkshire Hathaway directly entered the manufactured housing industry.
As MHProNews has previously reported, an industry insider with direct ties to MHI asserted that Buffett had been mulling getting into manufactured housing since as early as 1988.
8) With the same insights in mind from Part I and in the Senate report in favor of passage shown above, during the Obama-Biden (D) years, this was the record of manufactured home production.
Year | Production |
|
So, as problematic and low manufactured housing production was during the Bush-Cheney (R) years, matters deteriorated even further under Obama-Biden (D). That decline was despite the fact that in 2004, MHI’s then president and CEO Chris Stinebert said that the industry had worked its way through its core issues that caused the drop in production and was ready to recover and return to the kind of production levels previously experienced in the late 1990s.
9) During the Obama-Biden (D) years, HUD produced the following research document that demonstrated that manufactured homes did not have a negative impact on conventional housing that it was sited next to in urban areas. This HUD Policy Development and Research (PD&R) document was produced in January 2011.
10) There were also two sets of Congressional hearings during the Obama-Biden term in office on the failure of HUD to properly enforce the 2000 Reform Act, including the lack of enforcement of the “enhanced preemption” provision of federal law. More on those hearings in the House are found in the reports linked below, including transcripts of remarks by Congressional witnesses that included members of MHI and MHARR.
11) It has to be observed that obviously Democratic appointees to HUD also failed to enforce the 2000 Reform Law’s enhanced preemption provision. Per left-leaning Wikipedia, Shaun Donovan (D) served as the first Obama-Biden era HUD Secretary.
Secretary of HUD (2009–2014)
During the 2008 United States Presidential campaign, Donovan worked for the Obama campaign.[1] On December 13, 2008, President-elect Barack Obama announced that he would appoint Donovan to his cabinet.[13] He was confirmed as US Secretary of Housing and Urban Development by the U.S. Senate through unanimous consent on January 22, 2009, and sworn in on January 26.[14][15]
While Secretary, Donovan oversaw the allocation of 75% of HUD’s share of the American Recovery and Reinvestment Act within one week of the bill’s passage.[16]
For President Obama’s State of the Union address in 2010, Donovan served as the designated survivor.
On July 28, 2014 he was succeeded as Secretary by Julian Castro, former mayor of San Antonio. …”
Then, per the National Archives, on Aug 18, 2014 “Vice President Biden ceremonially swears in former San Antonio Mayor Julián Castro as the new Secretary of Housing and Urban Development.”
He [Castro] was confirmed by the Senate on July 9, 2014, by a vote of 71-26 and replaced Shaun Donovan, who was nominated to be the Director of the Office of Management and Budget.[36][37] He took office on July 28, 2014.[38] Following the announcement, Castro was discussed as a potential nominee for vice president for the Democratic Party in the 2016 presidential election.[39][40]…” Castro exited “office in 2017.”
So, the worst years for the manufactured housing industry in the 21st century were during the Obama-Biden years.
It was during the last few years of that Obama-Biden era at HUD while Castro was HUD Secretary that MHProNews began to recognize that the various voices in the industry that alleged that the Manufactured Housing Institute (MHI) had a point, namely, that MHI was part of the problem rather than the solution in the manufactured housing industry’s obvious failure to recover to its prior glory in the late 1990s.
Again, it should be stressed that Congress thought that the MHIA would boost production for the benefit of industry and consumers. Yet, the opposite occurred. Keep in mind that the cause wasn’t the MHIA. As Ed Hussey of Liberty Homes fame said on behalf of MHARR to Congress, the problem isn’t the law. The problem, said Hussey, was rather the lack of proper enforcement of the law.
12) Let’s skip for now the Trump-Pence (R) era, which will be dealt with separately further below, and move onto the production record for manufactured housing in the Biden-Harris (D) era.
Year | Production |
2021 | 105,772 |
2022 | 112,882 |
2023 | 89,169 |
It will be interesting to watch tonight’s planned televised debate between deposed 45th President of the United States (POTUS) Donald J. Trump (R) and Joe Biden’s 2020 running mate, Kamala Harris (D). Will housing policy be raised? If so, will manufactured housing be mentioned? While not inconceivable, even if it is mentioned, don’t hold your breath for any mention of the MHIA, much less, enhanced preemption. Yet, Joe Biden was in the Senate when the MHIA bill was passed, presumably with his support. Democratic lawmakers and Republicans alike widely supported the legislation. It was considered good for consumers and good for the industry. The industry offered new dispute resolution methods, often not found in far more costly conventional housing. Manufactured housing provided new installation standards that improved the end product for consumers too. Consumers were supposed to get increased access to competitive financing. Consumers were supposed to get increased access to more affordable housing in a private sector solution that was supposed to increase industry production. Once more, it should be stressed that former Harvard Joint Center for Housing Studies (JCHS) fellow (who later went onto the U.S. Treasury Department) Eric Belsky, like Congress, thought that manufactured housing would grow in production. Belsky thought manufactured housing would surpass site-built housing in production.
13) But that surpassing of manufactured housing of conventional site-built housing is not what happened. That should beg the sincere search for the answer to the question: why didn’t manufactured housing achieve its potential after the landmark upgrades for industry and consumers made possible by the 2000 Reform Law? Why did MHI, which used to tout this same quote by Belsky that his shown below, remove Belsky’s name from the public part of their website? Belsky apparently expected manufactured housing to surpass conventional builders in production by 2010. But as the production data shown above reveals, that is not even close to what occurred.
14) Let’s note that MHI periodically tells their members and the industry in emails or otherwise that they have used Congressional hearings to get a lawmaker to ask a public official, such as a HUD Secretary, for an on the record Q&A. Those hearings are often captured on CSPAN. That apparently occurred during the Biden-Harris (D) era when “MHI in Action” was revealed by MHProNews, thanks to CSPAN video and its transcript, that HUD Secretary Fudge refused to enforce the enhanced preemption provision of federal law. Why didn’t MHI press that matter, either through the threat of withholding appropriations for HUD if Secretary Fudge and HUD continued to ignore Congressional intent, or by other legal means, such as litigation?
MHI is mute on such points. They decline to answer.
15) Now, let’s pivot back to the Trump era. Note that during the Trump (R) era, manufactured housing’s recovery from the low hit during the Obama-Biden (D) years. But there was a more modest downturn during the Trump era than the drop in production that occurred during the Biden-Harris years. There was also a sharp move up under Trump from the 81,136 produced in 2016, the last year under Obama-Biden, to the 92,901 homes built across the U.S. by HUD Code producers in 2017.
Year | Production |
2017 | 92,902 |
2018 | 96,555 |
2019 | 94,615 |
2020 | 94,390 |
MHARR said after the 2016 election that they expected Trump to be a pro-manufactured housing administration. Hold that thought.
What happened in 2018 that may have contributed to the two-year dip in manufactured housing production? One word might capture the essence of it.
CrossMods.
16) MHProNews predicted in February 2018 that what was later called CrossMods were a Trojan Horse for the industry, that was being pushed by MHI insiders such as Clayton Homes (BRK), and to a lesser extent, by Skyline Champion (SKY), and Cavco Industries (CVCO). The article below as uploaded on February 21, 2018, when the product was originally called the “new class of manufactured homes” that MHI later rebranded as CrossMod.™
17) Meaning, if not for the Clayton-backed and MHI embraced fiasco known as CrossMods, manufactured housing may have crossed the 100,000-production level during the Trump-era. The premise of CrossMods was flawed from the outset. Even the Modular Home Builders Association (MHBA) Executive Director Tom Hardiman made a point quite similar to the concern raised by MHProNews. Namely, by supposedly elevating CrossMods, MHI leaders were in essence denigrating and turning their backs on the balance of what MHARR calls “mainstream” manufactured housing.
Recall too that MHI’s so-called focus group and research obvious never panned out as they claimed. What does that say about the value of that so-called MHI commissioned research?
Time and again, remarks made by the likes of MHI insiders, such as Kevin Clayton, have proven to be incorrect or problematic at best. For years, the industry was told that CrossMods were the future. But in fact, the evidence reveals that if not for mainstream manufactured housing, the industry would have shut down years ago.
The need for mainstream manufactured housing is where the production has been and continues to be focused.
Recall that it was during the Trump era that the only provision of the problematic Preserving Access to Manufactured Housing Act (a.k.a. Preserving Access) was enacted as part of a bill passed.
18) As a disclosure and reminder, for the first several years of MHProNews publishing, it was thought that MHI meant what they said. Their claims were taken at face value. It was only over time, and with evidence to the contrary, that MHProNews leadership finally grasped the troubling reality during the Obama-Biden (D) era that MHI was part of the problem rather than part of the solution for a return to robust organic and sustainable manufactured housing growth. That is when our publication’s questions and understanding of events shifted.
Once it started to become clear that MHI’s Jennison (then president and CEO) and Gooch (then an EVP) had apparently deliberately misled the industry about a hearing on Preserving Access, an ongoing series of fact checks began to occur that has stood the test of time in its relevance and importance to understanding why manufactured housing is underperforming today. Prior events were reconsidered in the light of the then freshly understood evidence.
That pattern in turn also reflects on why the U.S. is suffering from an affordable housing crisis that has grown worse since the MHIA was passed, despite the obvious intention of Congress that the 2000 Reform Law would boost rather than curtail manufactured home production. The now late Bill Matchneer, J.D., all but said before he died that his understanding of the MHIA and enhanced preemption was in essence much the same as MHARR’s.
19) Confidence games, “con jobs,” “bait and switch,” or other forms of scams are by their nature events that operate in plain sight. They often, but not always, involve multiple individuals and sometimes multiple organizations, as the Madoff scandal and others in the 21st century revealed. While some in government and media have at various times picked up on aspects of those scandals as they were developing, as often as not, massive and growing scandals operated for years with little mainstream media scrutiny and obviously insufficient efforts by regulators to spot and stop the damage that was being caused by those scandals.
Hold those thoughts.
20) MHI touted its access to the White House and HUD during the Trump era.
Indeed, there is evidence that MHI did have repeated access to multiple higher-level leaders in the federal government at HUD, FHFA, and the White House itself while Trump was in office. MHProNews documented that through the years with examples like those shown below.
While MHProNews periodically mocked MHI’s grandstanding (see examples above), the points were nevertheless being made that MHI did in fact have significant access to an array of Trump-era officials.
That obvious access by MHI leaders begs the question. What exactly did MHI leaders accomplish with those engagements that resulted in manufactured housing industry production growth?
What on a practical level as measured by production happened beyond photos and videos?
As was shown above, manufactured housing industry growth jumped in the first year under Trump. From 81,136 new HUD Code homes produced in 2016, the last year under Obama-Biden (D), to the 92,901 homes built across the U.S. by HUD Code producers in 2017 under Trump (R). Manufactured home industry production grew again in 2018 under Trump. Then, what became the CrossMods fiasco began, and high-level meetings with federal officials resulted in a drop in production from 2018 levels in 2019 and 2020. Growth in 2021 and 2022 under Biden-Harris were due in large part to extreme demand for housing after the declared Covid19 outbreak. Then came the sharp fall in production that began in the later part of 2022 and throughout 2023. That fall in production was genuine, but some of the claims as to the cause of that drop were dubious at best.
21) Some of the largest and deepest pocketed corporations in the world have investments in manufactured housing.
For example, it was Kevin Clayton, not MHProNews, that bragged on camera (see video and transcript posted above) that they could access “plenty of capital” to do whatever Clayton Homes wanted. Apparently, Clayton and Berkshire didn’t want robust organic industry growth. Taking Kevin and “Warren” at their stated words, they could have used their capital, substantial influence, media access, and political clout to get whatever they wanted in Washington, D.C. But they did not do so.
22) Consider the now tread worn game that MHI has played so often recalled in this outline above.
The call out boxes below are different than the one in the similar base graphic shown above. Note that MHI claimed in their “2017 Snapshot” that the advertorials that they were publishing (and MHProNews critiqued at the time) that they reached “83 million consumers” via some “1300 publications nationwide.” Even if true, which at best that was wildly exaggerated, what that demonstrated is that MHI’s supposed public education effort fell flat. Production dropped after 2018 in 2019 and 2020. Those embarrassing facts continue to haunt MHI’s leaders.
But what those “5 professional events” did is create opportunities for professionals to “connect” that in turn could lead to consolidation (mergers and acquisitions, or M&A).
Slow growth, or negative growth, the threat post-Trump of the DOE energy regulations, and an array of other woes that often can be traced back to specific MHI members, has led to steady consolidation of the industry before, during, and after the Trump era.
For a time, in 2017 and 2018, MHI bragged about their NCC list of top 50 community operators growing numbers of home sites (due mainly to consolidation), until someone behind the curtain nudged someone else and pointed out to the insiders that MHProNews was reporting those facts. Then, MHI leaders abruptly stopped those top 50 NCC largest community operator listing press releases.
But those press release are relevant in a different way than MHI may have intended. If MHI were serious about getting enhanced preemption or securitization via DTS enforced, then why hasn’t MHI taken out press releases to that effect? MHI bragged about advertorials. Why didn’t they create a series of media releases and op-eds that push their agenda if that was the only way they could get the word out?
23) This Trump-era MHI “Housing Alert” below was intended to once more showcase MHI’s self-proclaimed clout. But what it certainly did prove is reflect that MHI had access to senior public officials.
That access failed to achieve what MHI has claimed for years in the Berkshire Hathaway era of the industry. Namely, that MHI claimed they wanted to see the MHIA, enhanced preemption, and the Duty to Serve (DTS) manufactured housing enforced. Those are now increasingly apparent deception and misdirection ploys by MHI to make industry independents believe that they were trying to get existing laws enforced. That has been an obvious ruse for apparently well over a decade; more like 2 decades. How many years do MHI leaders get to make promises without deliverables for any group save consolidators? As a side note, note that MHProNews opposed the hiring of Brian Montgomery at the time for conflicts of interest.
24) Each of these facts, pieces of evidence, and related analysis point to a Topsy Turvey realm we call MHVille, because manufactured housing has been chopped down to size from its once more vaunted stature and performance. Let’s recap. The MHIA passes Congress by a widely bipartisan margin. There is evidence from members of both the House and Senate that the language commonly called “enhanced preemption” meant to overcome local zoning barriers. It is signed into law by then President Bill Clinton (D) in the waning days of his term of office. While MHI demonstrated their access to senior level Trump officials and an apparently warm- to enthusiastic level of support from HUD Secretary Ben Carson, there is no known evidence, per Copilot, that MHI ever brought up enforcing enhanced preemption in a face-to-face meeting. Letters alone obviously didn’t get the job done.
This is how Cavco showed investors via a pitch deck the ‘trends’ in manufactured housing.
While the above may be true and roughly accurate, as far as it goes, it is also arguably paltering. The following production trends graphic is far more telling, and why MHProNews refers to the industry as the diminished realm of MHVille.
25) The realities of 2 plus decades of manufactured housing industry underperformance has made the occasional MHI letters, emails, or words of support mentioned to industry pros merely a sop to the dwindling number of pros who even know about the MHIA, much less federal enhanced preemption, something worth serious action. Matchneer, Hussey, and Chet Murphree are just three of scores of pros who have passed onto their great eternal reward. Newcomers to the industry who don’t happen to read MHProNews, MHARR, or MHLivingNews may have little or no idea of what is occurring as they clock in and out of their JOBs. Of course, in such a world, MHI can quietly remove the words “enhanced preemption” from the public side of their website, right?
26) That fact- and behavior pattern by MHI leaders, who posture on thing in support of organic growth by robustly enforcing existing federal laws but seem to be doing nothing practical about it, may help explain why MHI felt comfortable to remove the progress report on federal preemption and related enforcement (shown above in Part II #1 and here) to those patiently and trustingly waiting for action as memories of the good old days when manufactured housing production twice threatened to overtake conventional housing.
MHARR offered during the Trump years to support litigation to get enhanced preemption enforced. Per MHARR, neither MHI, nor any of their state association affiliates, accepted that offer. That was 5 years ago.
27) What has MHI done since then? More talk, more posturing, more photo opportunities, more meetings, and more consolidation.
28) MHProNews has illustrated with AI powered Copilot and with AI powered Gemini the importance of these points that reveal how MHI postures without performing, save on behalf of consolidators. Equity LifeStyle Properties (ELS) quite openly demonstrated the validity of this thesis by giving their investors the following page from their IR pitch. For ELS and their consolidation focused pals at MHI, “no new supply is a strategic advantage” to their business model. For ELS, Sun Communities, Flagship Communities, and others NIMBYism is a benefit, not a problem. Why? Because “restricted zoning & regulations” and NIMBY thinking leads to the “supply constraint” that has caused the industry’s production to shrink and stay at under 25 percent of the 1998 high for most of the 21st century.
29) There are apparently MHI insiders and there are MHI outsiders. UMH Properties leaders may think that they are MHI insiders, but they are not if they seriously pitched the idea that the industry should be tripling the number of land-lease communities. That is heresy to the gospel MHI’s insiders believe.
30) Legacy Housing (LEGH) is reportedly an MHI member. But they are arguably not an MHI insider brand. Anyone that seriously complains about zoning barriers is someone that MHI gladly accepts dues from but will – based on history – not lift a finger to benefit so long as they think and talk like this.
31) MH-Insiders publicly traded firms have revealed the sobering reality that stands in stark contradiction to the throttling from within of MHVille. That doesn’t absolve public officials or others of their responsibility in this distressed mess that harms millions of Americans. Nor does it absolve some publicly traded MHI member companies engaged in this apparent scheme of their fiduciary failures and their apparent violations in the arena of material disclosures. UMH has shown that their business model is more profitable, not less than ELS and Sun, they asserted. Legacy and Nobility, despite hurdles, has at times managed growth while others were contracting.
32) The number of MHI-linked firms hit by class action antitrust suits has grown.
33) As noted, Copilot and Gemini both pointed out the obvious need for the industry’s leaders to push for enhanced preemption enforcement.
34) It isn’t that others in MHVille trade media publishers or bloggers who fly more-or-less in the MHI orbit are worthless. They are useful in showing what is and isn’t permitted speech or topics. So, they are obliquely useful, not in the manner that they may have thought or intended. When they routinely fail to connect the obvious dots, and routinely fluff MHI, and MHI fluffs them, as if everything in MHVille was grand…well, that pretty much paints that picture, doesn’t it?
35) Samuel Strommen. James A. “Jim” Schmitz Jr. MHARR. Periodic slips of truth from the lips of those who are in on it.
36) MHI leaders can’t possibly be so incompetent so as to squander good existing laws and such strong access for 20 years and magically fail to get those existing laws enforced. The clear implication is that they have no serious intention of doing what they claimed.
37) No wonder MHI leaders went from praising MHProNews 10 years ago to attempting to marginalize, blackball, boycott, and eliminate us as we began to realize what was occurring and why.
38) Our goal at our trade publications has been organic and sustainable growth from the time we planned the launch of what became MHProNews 15 years ago. We naively, it seems, believed for a while that MHI was sincere in its claims that they wanted to see the industry grow too. Then the light bulb finally went off that they were posturing rather than sincere, and we began to question MHI leaders, first quietly, then publicly, as to why they were doing what they were doing, MHI arguably began an effort to shut us down. That’s yet another possible antitrust violation.
39) The industry should be at 500,000 or more new homes being produced per year. Who said? How about MHI’s own prior President and CEO, Richard “Dick” Jennison?
40) Kevin Clayton thankfully said on camera what the game was all about. Use the moat to make it hard on your competitors. Steadily force them out of business or to sell out to your firm or one of your allies in consolidation firms.
41) That is a reasonably detailed look at the rise and fall of manufactured housing. MHI’s leaders could simply have pressed to have existing laws enforced. They postured that, at various times they mouthed or wrote the words. But their behavior made it clear that they did not want that at least at this time. This means that MHI leaders are arguably vulnerable to IRS and an array of other possible violations of law.
42) MHI’s leaders, could, if they wanted to, get Kamala Harris (D) to mouth the words “manufactured housing” in tonight’s planned debate vs. Donald Trump. But what is highly unlikely is that Harris will mention that she wants to enforce the “enhanced preemption” provision that could help more swiftly end the affordable housing crisis. MHI is busy supporting conventional housing trade groups, instead of the reverse being true. These are facts upon facts. The puzzle pieces make this much clear when they are put together side by side. At this time, MHI’s insiders want the industry to underperform to encourage consolidation. Will that change at some point in time? They aren’t saying, at least, not yet. The market report is up next. ###
Facts are stubborn things.
Part III
Our Daily Business News on MHProNews stock market recap which features our business-daily at-a-glance update of over 2 dozen manufactured housing industry stocks.
NOTICE: following the TPG deal with CAPREIT, TPG has been added to our tracked stocks list below.
This segment of the Daily Business News on MHProNews is the recap of yesterday evening’s market report at the closing bell, so that investors can see-at-glance the type of topics may have influenced other investors. Our format includes our signature left (CNN Business) and right (Newsmax) ‘market moving’ headlines for a more balanced report.
The macro market moves graphics below provide context and comparisons for those invested in or tracking manufactured housing connected equities. Meaning, you can see ‘at a glance’ how manufactured housing connected firms do compared to other segments of the broader equities market.
- In minutes a day, readers can get a good sense of significant or major events while keeping up with the trends that may be impacting manufactured housing connected investing.
Headlines from left-of-center CNN Business – 9.9.2024
- The Dow gets a big boost
- Google’s search business was deemed a monopoly. Now its ad business is on trial
- Everything you missed about the iPhone 16, AirPods 4 and the Apple Watch 10
- Trump has lost $4 billion in Truth Social wipeout
- A “Now Hiring” sign advertising job openings is viewed in the window of a cafe, Monday, July 8, 2024, in Boston.
- US employers have good reasons not to hire more workers now
- Pedestrians cross the street using a crosswalk in downtown Washington on Monday, March 29, 2021.
- Many pickup trucks must be redesigned to reduce pedestrian deaths under proposed regulation
- DirecTV is now paying customers to subscribe to competitors as Disney battle escalates
- Big Lots filed for bankruptcy.
- The Washington Post is giving its homepage a facelift as it seeks a turnaround
- Birmingham — the second-largest city in England, and the largest council in Europe — went bust late last year. Unable to balance its yearly budget, it issued a “section 114” notice: the local government version of bankruptcy. To fill its financial black hole, the council will cut services, gut assets and raise taxes, making more than a million people pay more for less.
- Britain’s local governments are at ‘serious’ risk of ‘widespread collapse’
- This is one of America’s hottest jobs right now
- ‘Beetlejuice Beetlejuice,’ Tim Burton’s long-awaited sequel, opens at a ‘stellar’ $110 million
- 26% of homeowners say they are financially unprepared for extreme weather events, new survey finds
- Bad sign for ‘Monday Night Football’: DirecTV files FCC complaint against Disney, leaving some NFL viewers in the dark
- Frequent flyer programs: The most profitable part of the airline industry
- Boeing reaches deal with union to avoid strike
- How some of the biggest right-wing social media stars became unwitting mouthpieces of Russian propaganda
- The iPhone is getting a ‘glow’ up. What to expect from Apple’s Monday event
- Stellantis recalls more than 1.2 million Ram vehicles due to brake system software
- The latest shopping trend? Not shopping
- Tim Walz discloses a six-figure salary, modest retirement savings and a pension
- Viral videos of people stealing money from Chase ATMs were just plain check fraud
- ‘The sky is not falling’: US economy added 142,000 jobs in August
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Headlines from right-of-center Newsmax – 9.9.2024
- Kamala Harris has been preparing for the debate in run-throughs with Trump stand-ins in Pennsylvania. Donald Trump has continued on the campaign trail.
- Harvard/Harris Poll: Presidential Dead Heat on Eve of Major Debate
- “Harris has drawn to dead even but Trump has an edge in the underlying numbers given his higher job approval and the overall low approval of the Biden administration,” said pollster Mark Penn. [Full Story]
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- Nate Silver’s Latest Projection: Trump Wins Every Battleground
- NY Times Poll: Trump Leads Harris Going Into Debate
- NY Times/Siena Poll: 44% Say Harris ‘Too Liberal’
- CBS Poll: Statistical Ties in Mich., Pa., Wis.
- Israel at War
- UN Chief: Gaza Death, Destruction the Worst I’ve Seen
- Report: Israeli Military Withheld Intel Before Oct. 7 Attack
- Israel’s Hostage Envoy: Intl Pressure Aids Hamas, Stalls Talks
- Syrian Media: 14 Killed, Dozens Wounded in Israeli Strikes
- Attack at the West Bank-Jordan Border Kills 3 Israelis
- Israeli Strike Kills Rescue Official in Gaza as Fighting Rages
- Study Calls Out BBC’s ‘Pattern of Bias’ Against Israel
- CIA Director: More Detailed Gaza Cease-Fire Proposal Coming
- US, UK Spy Chiefs Call for Gaza Cease-Fire
- Newsmax TV
- Estes: Trump’s Policies Worked, Biden-Harris’ Haven’t
- Captured Russian Soldiers: We Were Misled
- Dershowitz Quits Democratic Party, Cites Antisemitism
- Jack Bergman: Biden Put Americans ‘at Risk’
- Huckabee: Trump Debate ‘Magic’ Lies in Unpredictability
- Dershowitz: Trump Will Likely Get Suspended Prison Sentence
- Kurt Volker: Jordan Didn’t Want Israelis Killed at Border
- Wilkie: Harris, Walz Show ‘Moral Cowardice’ on Israel
- Tenney: Dems, Harris Complicit in Migrant Crime Wave
- Newsfront
- Harvey Weinstein Rushed for Emergency Heart Surgery
- Former Hollywood producer Harvey Weinstein was rushed on Monday from a New York City jail to a hospital for emergency heart surgery, ABC News reported on Monday, citing unnamed sources……. [Full Story]
- BBC: US Voters Want Harris-Trump Debate on Policies
- Many voters want Tuesday night’s debate between former President [Full Story]
- Related
- Huckabee to Newsmax: Trump Debate ‘Magic’ Lies in Unpredictability
- Ben Carson: Debate ‘One of the Most Consequential’ in History
- Scott Rasmussen: 27% Say 1 Candidate Will Probably Back Out of Debate
- Cornyn: Trump Should Let Harris Talk
- Harvard/Harris Poll: Dead Heat Between Trump, Harris
- Trump Claims Zuckerberg Said He ‘Can’t Vote for a Democrat’
- Trump: Bernie ‘Threw Comrade Harris’ Under the Bus
- Wall St Rises as Investors Await Inflation Data, Fed Cuts
- Wall Street’s three major indexes closed higher Monday as investors [Full Story]
- DHS IG Asked to Widen Probe of Trump Assassination Try
- Roger Marshall, R-Kan., has requested the Department of Homeland [Full Story]
- US Prosecutor: Google Aimed to Control Web Ad Tech
- Alphabet’s Google sought to dominate all sides of online advertising [Full Story]
- Newsmax Files With SEC for Initial Public Offering
- Newsmax Inc. is pleased to announce that it has confidentially filed [Full Story]
- Elton John: ‘Little Rocket Man’ Comment ‘Hilarious’
- Iconic singer Elton John said Republican presidential nominee Donald [Full Story]
- Army Secretary Recruitment Claim Not Supported by History
- Reports about all branches of the American military struggling to [Full Story] | Platinum Article
- Doctor: Throat Phlegm? Your Body is Trying to Tell You Something
- Vitaee
- Brown University Trustee Resigns Over Israel Vote
- Joseph Edelman announced he is resigning from the Brown University [Full Story]
- Shroud of Turin Blood Study Shows Link to Jesus
- The blood stains on the Shroud of Turin are consistent with the [Full Story]
- Here’s How Much You Should Pay for Affordable Gutter Guards
- The tech billionaire is challenging the establishment and the Deep
- Can Elon Musk Save Trump, America? See More …
- The tech billionaire is challenging the establishment and the Deep [Full Story]
- Dershowitz Quits Democratic Party, Cites Antisemitism
- Harvard Law professor emeritus Alan Dershowitz, after years as a [Full Story]
- Ukraine Downs 6 Drones, 2 Missiles From Russia
- Ukraine’s air force said Monday it shot down six out of eight [Full Story]
- Related
- Russia Takes Ukrainian Town in Advance on Pokrovsk
- US, UK Spy Chiefs Praise Ukraine’s ‘Audacious’ Russia Incursion
- Trial Venue for Idaho Murder Suspect to Be Moved
- A judge agreed to move the trial of man charged in the stabbing [Full Story]
- Springsteen’s Wife Patti Scialfa Reveals Cancer Battle
- Bruce Springsteen’s wife, Patti Scialfa, who is also a member of the [Full Story]
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- What to Know About the Blood Cancer Multiple Myeloma
- Audit: Biden Migrant Sponsor Program Plagued by Fraud
- The Biden administration’s program that allows migrants to enter the [Full Story]
- Kate, Princess of Wales, Finishes Chemotherapy Course
- Kate, Britain’s Princess of Wales, said on Monday she had finished [Full Story]
- Nate Silver’s Latest: Trump Wins Every Battleground
- A shocking new projection from pollster Nate Silver has Republican [Full Story]
- Trump Supports Legalizing Marijuana in Florida
- Bucking his own party, former President Donald Trump announced Monday [Full Story]
- House GOP Report Blames Biden for Afghanistan Pullout
- House Republicans on Sunday issued a scathing report on their [Full Story]
- Big Tech Employees Overwhelmingly Donate to Harris
- Workers at many of the largest U.S. tech companies overwhelmingly [Full Story]
- Trump: Zuckerberg Told Me He ‘Can’t Vote for a Democrat’
- Former President Donald Trump said in a recent interview that Meta [Full Story]
- CIA Director Burns: Real Risk of Russia Using Nukes in 2022
- A real risk existed in 2022 that Russia could use nuclear weapons in [Full Story]
- Russia Using Social Media Stars to Influence US Voters
- Russia is increasingly turning to American social media stars to [Full Story]
- Kremlin on Missiles From Iran: Tehran Is Its Partner
- The Kremlin, asked on Monday about The Wall Street Journal report [Full Story]
- Mother’s Warning to Georgia School about Suspect Raises Questions
- The mother of a student in class with the boy accused of killing four [Full Story]
- Venezuela Opposition Leader Lands in Spain for Asylum
- Venezuelan opposition presidential candidate Edmundo Gonzalez flew [Full Story]
- Nikki Haley: ‘On Standby’ for Trump Campaign
- Nikki Haley told CBS News’ “Face the Nation”there’s a lot at stake [Full Story]
- Burgum: This Election Season for ‘Odd Couples’
- North Dakota Gov. Doug Burgum described this year’s election season [Full Story]
- Cornyn: Trump Should Let Harris Talk
- John Cornyn, R-Texas, on Sunday said former President Donald [Full Story]
- Luna: Trump Must Focus on Policy in Debate
- Anna Paulina Luna, R-Fla., a member of the House Oversight [Full Story]
- More Newsfront
- Finance
- Global Stock Market Plunge: Why the Volatility May Not Be Over
- The recent stock market crash, marked by a dramatic sell-off that wiped out billions in value, left investors across the globe in a state of shock…. [Full Story]
- Technological Advances Make Things Better – Or Does It?
- SEC, 7 Firms Settle Whistleblower Violations for $3M
- Apple iPhone 16 to Put AI Features in Focus
- Ron Estes to Newsmax: Trump’s Policies Worked, Biden-Harris’ Have Not
- More Finance
- Health
- ‘Night Owls’ More Likely to Develop Type 2 Diabetes
- Folks who like to stay up late are nearly 50% more likely to develop Type 2 diabetes than those who go to bed earlier, a new study finds. However, it’s not just because they have an unhealthy lifestyle, according to findings presented Sunday at the annual meeting of the…… [Full Story]
- Biden Admin Issues Mental Health Accessibility Rule
- What to Know About the Blood Cancer Multiple Myeloma
- What to Know About New Guidelines on Breast Density
- How to Start the Conversation on Death
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