The attorneys that are working for the Manufactured Housing Institute (MHI) and the Texas Manufactured Housing Association (TMHA) in their legal action against the U.S. Department of Energy (DOE) have argued that if the Jennifer Granholm led agency’s proposal goes into effect as it would cause the manufactured housing industry “irreparable harm.” Yet, MHI’s behavior and behind the scenes involvement on this issue is per informed critics far from straightforward. To shed light on that, a step back in warranted. Once upon a time, the Manufactured Housing Institute (MHI) and its leaders would respond in a timely or even swift manner to every inquiry from MHProNews. Tim Williams, prior MHI chairman and the president and CEO of 21st Mortgage Corporation, was one of many MHI leaders who would provide timely and often thoughtful responses to an emailed inquiry from this trade publication. In stark contrast in more recent years, MHI has routinely avoided any direct response, but there is evidence that at times they seem to respond in an oblique or indirect manner. For example. MHProNews uploaded for industry readers and other interest parties the court’s order in Case 1:23-cv-00174-DAE, styled THE MANUFACTURED HOUSING INSTITUTE and THE TEXAS MANUFACTURED HOUSING ASSOCIATION, Plaintiffs vs. THE UNITED STATES DEPARTMENT OF ENERGY and JENNIFER M. GRANHOLM, Defendants. That MHProNews news article (shown and linked below) was during the Labor Day weekend. On the third-business day following our report, MHI posted the following item shown in Part I on their website. Coincidence or response? That page itself gives a clue.
On 8.31.2024 MHProNews in a post linked here used this image below. The court’s ruling on that motion previously posted by MHProNews is linked here. Note that court ruling in the MHI-TMHA vs. DOE was on 8.25.2024. MHI could have posted their item shown in Part I below before the Labor Day weekend but did not do so. The timeline matters. Even those items in Part I below are in part an apparent reaction to this MHProNews article. See Part III for details.
On 9.3.2024, per MHI’s website date, was the following item from MHI shown in Part I.
Part II of this report will provide a MHARR “Issues and Perspectives” by Mark Weiss, J.D., President and CEO of the Manufactured Housing Association for Regulatory Reform (MHARR).
Part III will be additional information with more MHProNews analysis and commentary. With that outlined plan of action for this report with analysis, let’s begin.
Part I – per MHI’s Website on this date is the following.
Posts
Update About Industry Litigation Against DOE
MHI and TMHA continue to fight for the industry in federal court regarding the Department of Energy’s (DOE) misguided energy efficiency standard. Our litigation challenge is based in part on DOE’s failure to consult sufficiently with HUD as required by law. As a result of this litigation, the industry secured years of additional time for the implementation of this problematic standard, which was originally set to go into effect in June 2023. Originally, the DOE had set an arbitrary and unrealistic 1-year deadline for implementation. However, the DOE’s standards do not align with the HUD Code, did not take current manufactured home construction methods into consideration, and failed to address testing, inspection and certification. In May, the DOE capitulated to the failure to address testing and compliance and halted the implementation of the rule until they complete these guidelines. The DOE is still in the process of completing those guidelines.
The latest skirmish in court was related to the DOE’s obligation to provide the full administrative record of the energy standard rulemaking process to the court. As a part of this submission, the DOE’s included a declaration by a career engineer about alleged meetings about the rule that took place between DOE and HUD that supposedly met its consultation burden under the law. We argued that DOE failed to establish the necessary grounds for inclusion of the declaration. We maintained that such a declaration was a post-hoc, litigation-driven rationalization made only in response to our litigation challenging the rule. We asked the Court not to allow the declaration to be part of the Administrative Record or at least to allow the industry to have the opportunity to ask questions of the engineer about the statements made in the declaration (i.e., to depose the engineer). Last week, the court denied the industry’s request.
While we are disappointed with this ruling, all of our legal challenges to the Final Rule remain intact. In addition, we are still able to challenge the veracity of the declaration before the court as we make our case that the DOE did not meaningfully consult with HUD about this standard and they failed to consider key technical elements of how our homes are built in establishing the standard. We will argue that the evidence provided by DOE, including this declaration, is insufficient to establish meaningful consultation between DOE and HUD leading up to the issuance of the Final Rule.
We will keep you posted on the next phases of the lawsuit. In the meantime, MHI continues to encourage Congress to pass legislation that establishes HUD as the primary regulator of all construction standards for manufactured housing, which has been the intent since the law establishing the partnership between the industry and HUD was passed 50 years ago. Ultimately, we are seeking a constructive resolution of this issue, where Congress restores the role of HUD as the one federal regulatory agency overseeing all elements of the construction of our homes. ##
Date Published
September 3, 2024
News Type
Advocacy
Keep Exploring
Related Posts
Sorry, we couldn’t find any related posts. ###
MHProNews Note: You simply can’t make this up. Under “Keep Exploring,” MHI’s own website said “Sorry, we couldn’t find any related posts.”
MHI calls the above on their website an “update,” but per that statement on their own website, there was no prior post. “Sorry, we couldn’t find any related posts.”
See that in the screen capture below or at the link here. Note too that in the preface that illustrates that MHProNews did a report during the Labor Day weekend, and the very next week MHI posted the above. Coincidence or a response/reaction? That aside, there are more important items that MHI failed to address. See that in Part III.
Part II from MHARR to MHProNews
“A Supreme Court Gift to the Manufactured Home Industry”
MHARR – ISSUES AND PERSPECTIVES
By Mark Weiss
SEPTEMBER 2024
“A SUPREME COURT GIFT TO THE MH INDUSTRY”
By now, thanks to MHARR research and analysis, as presented in a March 1, 2024 Talking Points Paper entitled, “Summary of the Three Main Bottlenecks Suppressing Manufactured Housing Production, Marketing and Sales,” industry members are aware of the principal regulatory bottlenecks that are preventing the industry from producing and selling hundreds-of-thousands of affordable mainstream homes annually, notwithstanding the fact that the industry is today building its best homes ever. Fortunately, however, the U.S. Supreme Court has recently issued a landmark decision that if used wisely and forcefully by the industry and especially its post-production sector, could help to eliminate these bottlenecks and others that could emerge in the future.
Specifically, on June 28, 2024, the United States Supreme Court announced its decision in Loper Bright Enterprises v. Raimundo. In that case, the Court overruled forty years of judicial deference to Executive Branch interpretations of ambiguous statutes under Chevron USA, Inc. v. Natural Resources Defense Council, Inc., stating: “Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority…. [C]ourts need not and under the [Administrative Procedure Act] may not defer to an agency interpretation of the law simply because a statute is ambiguous.” (Emphasis added). It is important to note that the Court’s reference to the Administrative Procedure Act (APA) is not coincidental. Rather, the APA lies at the heart of the Loper Bright ruling, wherein the Court further noted: “The APA … codifies … judicial practice dating back to Marbury [v. Madison]: that courts decide legal questions by applying their own judgment. *** The deference that Chevron requires of courts reviewing agency action cannot be squared with the APA.” (Emphasis added).
So, what does all this mean for the HUD Code manufactured housing industry? To many, the Loper Bright decision will sound like legal gibberish with no real world impact. For a comprehensively federally-regulated industry like manufactured housing, though, the elimination of Chevron deference in regulatory legal challenges could mean quite a lot.
Any time a person or a business considers litigation, there is an important calculus that must be performed. Because litigation is so costly, and represents such a significant allocation of resources, any prudent potential litigant needs to consider and weigh, as objectively as possible, the probable cost and time outlays of litigation versus the likelihood of prevailing or not prevailing in court, and the likely future consequences and implications of each. For a comprehensively federally-regulated industry like manufactured housing, this type of calculus is crucial to ensuring that regulatory or other disputes with federal government agencies are addressed in the most efficient and cost-effective manner possible, that industry resources are not wasted on unrealistic windmill tilting, and that legitimate efforts do not backfire in ways that could cause future harm disproportionate to their current value.
For the past forty years, this type of litigation calculus has had to account for Chevron deference, which gave the government a distinct advantage in regulatory litigation. Under the Chevron doctrine, a court reviewing federal action under the APA (which requires a court to set aside agency action that is arbitrary, capricious or an abuse of discretion) was essentially bound to defer to the administering agency’s interpretation of a controlling statute or statutory term, if either were found to be “ambiguous.”
Over the long term, the elimination of this type of deference will have both “defensive” and “offensive” implications for the industry and its ongoing efforts to ensure that federal regulation is fair, reasonable and, most importantly, cost-effective for American consumers of affordable housing. Its defensive impacts will become clear, over time, as HUD and other agencies make regulatory decisions and consider standards, practices and procedures that affect the industry and its consumers. The elimination of Chevron deference in those contexts, will allow the industry to take more aggressive credible positions in rulemaking (and related) proceedings and interactions, and have, potentially, a greater impact in preventing or moderating harsh or damaging regulatory proposals.
From an “offensive” perspective, the elimination of Chevron deference could alter the status quo (and the litigation calculus) on all three of the principal bottlenecks (i.e., discriminatory zoning exclusion, inadequate Duty to Serve implementation and baseless energy regulation) that are currently suppressing (or imminently will suppress) industry growth and expansion. The answer, ultimately, will depend on how skillfully this fundamental change in the law is wielded by industry organizations and advocates. That being said, how could the elimination of Chevron deference impact the three major bottleneck issues suppressing the industry (assuming that it is not eventually – albeit unlikely — reinstated via legislation)?
Discriminatory Zoning Exclusion: The devastating impact of such anti-affordable housing state and local edicts on both consumers and the industry has already been addressed extensively by MHARR and should not be a matter of dispute within the industry. Meanwhile, the most efficient and cost-effective remedy for this abuse has been in plain sight for decades. As MHARR has explained repeatedly, the Manufactured Housing Improvement Act of 2000 (2000 Reform Law) added language to the federal preemption provision of the National Manufactured Housing Construction and Safety Standards Act of 1974 that addresses this issue. First, the 2000 Reform Law provides that federal preemption under the 1974 Act, as amended, is to be “broadly and liberally” construed. Second, the 2000 Reform Law extends the scope of preemption to encompass not only state and local safety and construction standards that are not identical to the federal standards, but to all state and/or local “requirements” that impair the comprehensive federal “superintendence” of the industry.
MHARR, for its part, has always contended that this language provides HUD with ample authority to preempt state or local zoning mandates that arbitrarily exclude HUD Code manufactured housing. HUD, however – without any public explanation — has chosen not to use this authority to ensure that affordable manufactured homes are “available” to all Americans, as affirmatively required by the 2000 Reform Law.
So, what would/could happen if this matter were to be taken to federal court? The issue presented would be the meaning (i.e., the scope) of the “enhanced” preemption language of the 2000 Reform Law. While MHARR, for one, would argue that the 2000 amendment is unambiguous in requiring HUD to preempt state or local zoning “requirements” that exclude HUD-regulated manufactured homes, HUD would likely argue that the 2000 Reform Law “enhancements” are ambiguous while refusing to protect its own code (which is equal to and, in some respects, superior to local building codes); the homes that HUD itself regulates; and their residents, from local infringement, discrimination and exclusion.
Under Chevron, this “do nothing” position might well have been accepted by a reviewing court, even if the “industry” position were viewed as being just as persuasive or even more persuasive, simply because HUD is HUD and a court, under Chevron, would have to “defer” to HUD’s interpretation. With the elimination of Chevron deference, though, even if the “enhanced preemption” provision were deemed “ambiguous,” HUD’s “do-nothing” interpretation would not automatically emerge as the winner. Rather, the court would engage in an independent review of the 2000 amendment, free of any forced deference to HUD, and could well conclude – given that a prime purpose of the 2000 Reform Law is to ensure the “availability” of affordable manufactured homes for “all Americans” – that “enhanced preemption” means what it says and that the word “requirements” does, in fact, mean all state and local “requirements” that would (or do) discriminatorily exclude manufactured homes from entire communities.
With the elimination of Chevron deference, then, the industry argument for enhanced federal preemption of exclusionary zoning mandates – which was good to begin with – has gotten that much stronger. And that, in turn, means that the industry can – and should — put even greater pressure on HUD to enforce that preemption of exclusionary zoning requirements, or otherwise face litigation to compel compliance with the exact letter and intent of the 2000 Reform Law.
DOE Energy Regulation: While the disastrous U.S Department of Energy (DOE) energy conservation standards for manufactured homes published in 2022 are already the subject of ongoing litigation in federal court under the Administrative Procedure Act, which seeks an injunction against enforcement of the standards on the ground that they are already arbitrary, capricious and/or an abuse of discretion, that litigation has yet to proceed to a full argument and determination on the merits. Thus, the relevant question becomes – can the Loper Bright decision and the elimination of Chevron deference be used in that case to enhance the arguments that have already been asserted against the DOE standards? The short answer, in MHARR’s view, is “yes.”
Even a cursory review of the final standards rule published by DOE on May 31, 2022, shows that DOE did not hesitate to use its alleged “discretion” to interpret multiple aspects of manufactured housing energy standards mandate set forth in the Energy Independence and Security Act of 2007 (EISA). Repeatedly in its final standards rule, DOE refers to “discretion afforded by the [EISA] statute;” “ample discretion to adapt the [International Energy Conservation Code]” (IECC) and decisions relating the way “DOE interprets the [EISA] statute.” Needless to say, if the relevant EISA provision were clear and unequivocal, there would be no need for DOE to “interpret” anything or use its “discretion” to “import” concepts, conclusions and requirements that are not part of the IECC and are, to the contrary, totally alien to the IECC, which is not designed for and does not address manufactured homes. As a result, it is obvious from DOE’s own statements that the application of both EISA and the IECC to the unique structural aspects of manufactured housing is ambiguous. The question, then, becomes whether the “interpretations” underlying DOE’s “final” manufactured housing energy standards, without any deference by the court to DOE whatsoever – are arbitrary, capricious or an abuse of discretion.
Needless to say, for a multitude of reasons set forth by MHARR in its regulatory comments on the DOE proposed standards, in its August 2022 call for industry litigation to stop the DOE standards (see, August 2022 MHARR Issues and Perspectives, “Why the DOE Energy Rule Should be DOA”), and as asserted by the plaintiffs in the pending federal court litigation, DOE’s interpretations, assumptions and conclusions in the final standards rule are not reasonable, are not a reasonable construction of the EISA statute, and are, in fact, affirmatively unreasonable, lacking in any factual or legal basis, and should be rejected. Consequently, to the extent that proper application of Loper Bright could prevent any potentially outcome-determinative deference to DOE “interpretations” by the court in the energy standards case, the implications of that decision should be affirmatively asserted in that action, and not left to chance.
Non-Implementation of the Statutory Duty to Serve: Lastly, among the major bottlenecks suppressing the HUD Code industry, MHARR has extensively detailed the failure of Fannie Mae, Freddie Mac and the Federal Housing Finance Agency (FHFA) to implement the statutory Duty to Serve Underserved Markets (DTS) with respect to the vast bulk of the mainstream manufactured housing consumer financing market served by personal property or “chattel” loans. Under the most recent (2025-2027) DTS proposed plans submitted by the two Government Sponsored Enterprises (GSEs), moreover, the chattel sector – representing nearly 80% of all new manufactured home consumer purchase loans – would continue to be denied any DTS secondary market or securitization support.
This is clearly unacceptable, but Fannie Mae, Freddie Mac and FHFA have effectively been given “a pass” on DTS chattel implementation by the Manufactured Housing Institute (MHI) which, through CEO Lesli Gooch, at an FHFA DTS “listening session” on July 18, 2023, stated: “The Duty to Serve statute does not require Fannie and Freddie to purchase [manufactured housing] personal property loans, but does say explicitly that they – quote – may ‘consider’ such loans….” Worse yet, the GSEs have been so emboldened that no provision to serve manufactured home chattel loans in any manner is included in the 2025-2027 DTS implementation plans recently submitted for FHFA review.
This MHI comment, which should never have been made, refers to section (d)(3) of the DTS statute, which states, “In determining whether an enterprise has complied with the duty under subparagraph (A) of subsection (a)(1), the Director may consider loans secured by both real and personal property.” (See, 12 U.S.C. 4565(d)(3)). (Emphasis added). And while a claim by the GSEs’ (and/or FHFA) that this language is permissive, rather than mandatory (not previously asserted by them publicly), might have carried the day in litigation before the elimination of Chevron deference, those chances have arguably diminished under Loper Bright. In that regard, the reasons why DTS chattel is not, in fact, permissive, have been explored by MHARR previously, in both written and verbal comments offered to FHFA. Quite simply, Congress’ reference to serving both real estate and personal property loans within the manufactured housing market, must be interpreted in context and in light of Congress’ undoubted intent.
First, if Congress did not want to include personal property loans within DTS, it could (and would) have expressly said so. The fact that it did not is the initial step in determining its intent.
Second, under the standard cannons of statutory construction, Congress is assumed to be aware of all relevant facts upon which it legislates. In this instance, Congress can be assumed to have been aware of the fact that personal property loans predominate (and have long predominated) within the mainstream HUD Code manufactured housing financing market and that “serving” that market without including chattel loans, would be a hollow, virtually meaningless promise and directive for manufactured housing consumers. Moreover, Congress, in fact, did know specifically about the importance of chattel loans within the manufactured housing consumer finance market because MHARR and others made that fact known both to Rep. Julia Carson, the main proponent of section (d)(3), as well as to other involved members of Congress.
Third, and perhaps most importantly, the “Duty to Serve” is, by its very name, a “duty” – i.e., a mandatory obligation. The personal property inclusion clause must be read and interpreted within that specific context. Put differently, would it have been reasonable – or sensible – for Congress to establish a binding, affirmative duty to serve the manufactured housing consumer financing market, without conclusively and mandatorily including within that “duty” the largest single segment of the HUD Code market? The answer, clearly is “no.” Therefore, while the term “may” in a statute is customarily deemed permissive or optional in nature, the better construction in this case is that Congress intended for the manufactured housing market to be served in its entirety, in a meaningful and market-significant way, and that level of support can only be accomplished by serving chattel as well as real estate loans.
Consequently, in a post-Chevron world, a legitimate and forceful argument can (and should) be made that the GSEs must serve the manufactured housing chattel lending market under DTS and that any failure to do so violates the DTS mandate.
In summary, the Loper Bright decision, and its elimination of Chevron deference, has changed the regulatory landscape for the industry and particularly its post-production sector. That fundamental change should lead to a reassessment of both strategy and tactics regarding the industry bottlenecks that currently exist — and those which might present themselves in the future. The industry as a whole must demand a sober and thoughtful consideration of these changes and a forceful follow-up to free the industry and its consumers from unnecessary and destructive regulatory burdens which have – and which continue to – devastate its unlimited potential to provide mainstream, affordable homeownership for American consumers of affordable housing.
Mark Weiss
MHARR is a Washington, D.C.-based national trade association representing the views and interests of independent producers of federally-regulated manufactured housing.
“MHARR-Issues and Perspectives” is available for re-publication in full (i.e., without alteration or substantive modification) without further permission and with proper attribution
Part III Additional Information with More MHProNews Analysis and Commentary
1) MHI’s post on the DOE energy rule shown in Part I is arguably lacking several important facts and is thus misleading on several levels. While they Related Reports segment on the MHI page said there was no prior report, MHARR issued a report on June 25, 2024 to inform the industry that MHI’s motion for discovery was denied. Restated, MHI was opaque on this subject to the public while MHARR was transparent. To further illustrate unstated realities in MHI’s post, in no particular order of importance, are the following points.
2) MHI’s 9.3.2024 dated DOE post said: “As a result of this litigation, the industry secured years of additional time for the implementation of this problematic standard, which was originally set to go into effect in June 2023.” What MHI didn’t say is that they delayed for months before filing suit. They only filed suit after MHARR spotlighted the need to litigate and MHProNews/MHLivingNews repeatedly raised the topic for the industry. MHARR has pages of posts on this DOE energy rule topic. Why? Because the DOE energy rule for manufactured housing would drive costs higher for an already underperforming industry. The DOE rule is based upon standards that even site builders were not at the time the rule was issued was required for more costly conventional housing.
3) For months after DOE announced their ‘final’ rule, MHI was mute on if they would litigate the matter, thus ironically allowing the “irreparable harm” their attorneys said the DOE rule would cause to advance and cause substantial and costly issues for HUD Code manufactured home producers. MHI affiliate TMHA connected remark in a report made it clear that the issue was serious. TMHA is obviously a party to the suit and is an MHI state affiliate.
As those reports indicate and detail, it is an open question if MHI would have sued DOE at all if not for the persistent efforts by MHARR, MHProNews, and MHLivingNews to spotlight the issue which the MHI-TMHA suit belatedly responded to.
4) To illustrate that MHI-TMHA was pushed and reactive – which Nathan Smith said should be a practice at MHI that ended with his term as MHI’s chairman – rather than be proactive on the DOE energy rule matter, consider the following. The propane gas industry swiftly filed suit when the DOE threatened their industry. MHProNews called that matter to the attention of the manufactured home industry, which artificial intelligence (AI) later confirmed the validity of that example. Meaning, MHI should have filed suit immediately after the DOE issued their ‘final’ rule. Months of delay by MHI was apparently inexcusable. Their leaders knew what was coming and delayed for months. Why? That will be explored further below. The gas industry example is shown below.
5) MHI mentioned in their statement shown in Part I the following.
DOE’s failure to consult sufficiently with HUD as required by law.
MHI also said this.
We will keep you posted on the next phases of the lawsuit. In the meantime, MHI continues to encourage Congress to pass legislation that establishes HUD as the primary regulator of all construction standards for manufactured housing, which has been the intent since the law establishing the partnership between the industry and HUD was passed 50 years ago.
Based on their own statement, there is no evidentiary reason to think that MHI will keep the industry updated on the next phases of the suit. For reader’s ease, that final part of the screen capture shown in Part I is reproduced below starting with that quoted remark above. Again, MHI’s own website indicated no previous report on their website. They are either sloppy, inconsistent, or aren’t painting a complete picture. Take your pick, none of those options are a good reflection on them, is it?
6) MHProNews noted prior to that 9.3.2024 post by MHI that they had the option of appealing that judge’s ruling. MHI’s post fails to mention that and fails to say if they plan to appeal. Again, for reader ease and to properly frame the timelines and issues, the item previously shared above is shown again here below. See the second orange call out box below. So, MHI’s 9.3.2024 post is lacking a key piece of information. If they are using this as a delay strategy, the appeal would be a logical step. They could conceivably offer an excuse not to disclose that to the public, but it would be a weak excuse.
7) MHI obviously didn’t mention their plans for appeal of this judicial ruling. That is akin to what happened before MHARR-MHProNews-MHLivingNews essentially led the charge to push MHI into litigation. MHI said they are keeping the industry informed, but that information from their post above was published only after MHARR and MHProNews had already reported on the matter. MHI’s staff and budget are several times the size of MHARR’s and our platforms are combined. So, why are MHI the last to say something? Why weren’t they first? Why is there statement lacking in clearly relevant details? Recall that MHProNews asked the question, will MHI’s attorneys fold like a cheap suit? That may be what is occurring. What would be the possible motivation for this? The answer should be obvious to regular readers, because it could well be to foster more consolidation. More on that further below.
8) MHI mentions their hope for Congress to act. Here is how they said it.
In the meantime, MHI continues to encourage Congress to pass legislation that establishes HUD as the primary regulator of all construction standards for manufactured housing, which has been the intent since the law establishing the partnership between the industry and HUD was passed 50 years ago.
MHI’s leaders can’t have it both ways. If they have such a great partnership with HUD, then why isn’t HUD pitching a fit over DOE’s action? Does MHI’s leadership think they can treat the industry’s professionals like we are all stupid?
HUD and DOE are both under the leadership of Democrats at this time. Agree with their perspectives on climate change as a serious risk or not, a key part of the Biden-Harris (D) regime has been their claimed press for climate change mitigation.
White House Resident Joe Biden (D) himself mentioned that this week, curiously (but accurately) saying that the Inflation Reduction Act was misnamed. VINNews said this on 9.5.2024.
Speaking without the aid of a teleprompter, Biden stated, “Through my investments, [it’s] the most significant climate change law ever. And by the way, it is a $369 billion bill.” He continued by admitting, “It’s called the [Inflation Reduction Act]. We should have named it what it was.”
VINNews also said this about Biden’s remark.
This moment is likely to spark political controversy, given that the act was widely promoted as a solution to rising inflation, which has been a significant concern for American households. The Inflation Reduction Act was initially pitched as a multifaceted legislative effort that would reduce inflation, lower prescription drug costs, invest in domestic energy production, and tackle climate change.
However, Biden’s remarks suggest that the bill’s primary focus has always been climate-related spending, which aligns with the $369 billion earmarked for clean energy investments, green jobs, and reducing carbon emissions. This funding is the largest federal investment in climate change initiatives in U.S. history, supporting renewable energy projects, tax credits for electric vehicles, and other environmental initiatives.
This tweet (X-post) from a different source underscores the point by VIN News above and provides the video clip.
The Inflation Reduction Act had nothing to do with inflation. Mildly shocked that Biden admitted it.
“The most significant climate change law ever. And by the way, it is a $369 billion dollar bill. It’s called uh, we should have named it what it was.”pic.twitter.com/ZnTjgOKZXD
— Jeff Carlson (@themarketswork) September 5, 2024
9) Are there any illusions at MHI among their leadership that the entire leadership of Democratic run agencies that might in any way touch on climate change is going to go against what DOE is pressing the manufactured housing industry to do? If so, then perhaps MHI leaders are drinking too much or are smoking too much wacky weed. MHI’s thinking may be a valid legal strategy, but if they think that DOE and HUD will be at odds, HUD has already made it clear that MHI is wrong.
Per Google’s AI powered Gemini on this date is the following to illustrate the point.
HUD emphasizes the crucial role of addressing climate change by promoting energy efficiency in housing, particularly through the DOE’s manufactured home energy standards, as these standards help reduce carbon emissions, lower utility bills for residents, and enhance the resilience of homes against extreme weather events, ultimately contributing to a more sustainable housing market; essentially, by setting energy efficiency standards for manufactured homes, HUD and DOE can significantly impact the environmental footprint of new housing construction.
Gemini also said this.
Collaboration between agencies:HUD, responsible for housing standards, works closely with DOE, which sets energy efficiency standards, to ensure comprehensive implementation of energy-saving measures in manufactured homes.
MHI leadership may be foolish to think that DOE and HUD are going to treat this energy rule differently, because they demonstrably are not doing so. Or perhaps MHI leaders are once more trying to mislead the industry’s independents. Either way, MHI’s leaders are wrong in their methods and thinking.
10) Those facts and analysis above should clarify the foolishness of MHI’s statement:
Ultimately, we are seeking a constructive resolution of this issue, where Congress restores the role of HUD as the one federal regulatory agency overseeing all elements of the construction of our homes.
MHProNews has essentially been the only trade publication that showed that MHI could have been pressing this for years. There are any number of times and tactics that the great and powerful wizard of OZ could have rolled out to stop this DOE energy rule that their own attorneys said would cause “irreparable harm.”
11) As troubling as each of those examples should be, MHI ignores the point that MHARR detailed at the link here. Namely, that MHI initially worked with DOE and pro-climate change “energy interests” to get the rule that the industry now faces. Documents obtained by MHProNews make it clear that MHI were quietly working for this energy standard before they pivoted under pressure from MHARR, MHProNews and MHLivingNews against this.
12) The poor joke on the industry’s growth minded independents about HUD and MHI being in a partnership is explored in the article linked below.
13) Let’s start to draw towards a conclusion with a series of questions.
- If MHI are such great professionals, then why can’t they be consistent?
- If they are such “trusted” partners for the industry, as they claim on their home page, why do they have to even mention it?
- Doesn’t anyone among MHI’s staff bother to comb their own website for inconsistencies and errors?’
- If they have so much clout, then why is the industry in this position at all?
It isn’t as if there is that much content on the public side of their website. After all, MHI has apparently been deleting content from the public view of their website since they rolled out their makeover, perhaps scrubbing information and names from public view in what AI powered Copilot called an Orwellian manner more than they have been adding to their website, especially since their website makeover.
14) To the points raised by MHARR in Part II from the Supreme Court ruling in the Loper Bright case, as MHProNews previously reported, MHI said in an email in July that they were examine that case to see how it may help with the DOE issue. To keep readers from having to go back to that, here is that part of that MHI email.
July 03, 2024
News from Washington
Supreme Court Ruling Deals Blow to Bureaucratic Overreach
In a landmark decision on Friday, the Supreme Court overturned Chevron v Natural Resources Defense Council. Under Chevron, if a law granting a federal agency the power to enact regulations is later determined to be ambiguous, then courts would defer to the federal agency’s interpretation of the law when the federal agency’s regulations are reasonable. Thus, courts were required to defer to federal agencies when interpreting certain regulations.
Under Friday’s 6-3 decision overruling Chevron, courts are no longer required to give deference to an agency’s interpretation of regulations. Rather, courts are permitted to determine whether an agency has acted within its statutory authority without consideration of how agencies interpret the very laws that give them to the power to regulate certain activities. Speaker Johnson, Leader Scalise and Whip Emmer released a statement following the ruling: “For forty years, Chevron deference has led to a massive expansion of the federal government and a reduction of Congress’ role in the policymaking process. Chevron upended the separation of powers between our three branches of government and is responsible for many of the burdensome regulations that stifle progress and curtail liberty. Today’s landmark decision by the Court restores the balance outlined by the Founders in our Constitution and represents the beginning of the end of the administrative state.”
MHI is evaluating how this decision will favorably impact its ongoing litigation with the Department of Energy.”
No mention of that in Part I from MHI above, about 6 weeks later. Again, there is a lack of consistency to MHI’s statements and remarks. Why? Abraham Lincoln, perhaps with groups and people like MHI in mind, said this.
15) What does the evidence from the preface through this point in Part III above point to, based on what is known? Why would MHI foster regulations that they would then later posture belatedly fighting in court? Consolidation. Some on the left and right, at least on paper, are agreeing that consolidation is a threat to the average American on several levels. That threat as it plays out in manufactured housing is explored in the report linked below.
16) As the DOE energy rule has steadily advanced, several significant purchases by MHI member firms have been made of previously independent producer brands.
17) There is more, but that is sufficient to make this next point. MHI illustrates this point by Carol Roth.
18) Plus, lest we forget, it was the suit by the Warren Buffett supported Sierra Club that brought us to this point, because the Trump Administration wanted to kill the DOE energy rule.
19) The Bottom Lines?
MHI claims that they have a partnership with HUD. If so, then why hasn’t HUD stopped the DOE? If so, then why
Barriers to entry, barriers to persistence, and barriers to exit are what MHI’s leaders seem to be good at accomplishing, all while claiming that they are fighting for “all segments” of the industry. What an MHI-insiders delivered pile of cow manure.
California Democrat State Senate Majority Leader, Leaves Democrat Party, Joins GOP, Will Vote Trump, “Today I Say Goodbye, Adiós, I’ve Had Enough”
As long as she doesn’t bring Democrat policies with herhttps://t.co/hzVUmqX2rK
— 🇺🇸 Pamela Geller 🇺🇸 🇮🇱 (@PamelaGeller) September 5, 2024
DEMOCRAT DEFECTOR$ – LINE’EM UP
TRUMP – TULSI – ELON – RFK & ?
BE-BYE YCOMMUNIST DEMOCRAT$ CULTBREAKING: California Democrat Gloria Romero, who served as the State Senate Majority Leader, has just announced that she’s leaving the Democrat party https://t.co/cwtjpCGATo
— Danny (@owntheday) September 5, 2024
There needs to be a realization that going along to get along with the MHI insiders only leads to more consolidation. Just as more people are leaving the habitual support for what has been described as the Democratic plantation, so too there needs to be a cut back, push back, or exit from the MHI plantation.
This pattern has been developing for years, as this flashback video clip by Ronald Reagan reflects.
Ronald Regan: “If fascism comes to America, it will come in the name of liberalism. pic.twitter.com/Fo25EkPVlR
— Trump Girl 🇺🇲🦅🇺🇲 (@MAGA__Patriot) August 31, 2024
20) MHI has incredibly once more supported Kamala Harris’ Democratic plans on their news section of their website. Biden-Harris era Democrats ignored the MHIA of 2000. Biden-Harris era Democrats have failed to implement the Duty to Serve Manufactured Housing. Biden-Harris era DOE and HUD have been pressing the advance of the harmful DOE energy rule.
MHARR doesn’t put it into partisan terms. But Weiss’ remarks in Part II underscore the above. Here is how Weiss said it.
By now, thanks to MHARR research and analysis, as presented in a March 1, 2024 Talking Points Paper entitled, “Summary of the Three Main Bottlenecks Suppressing Manufactured Housing Production, Marketing and Sales,” industry members are aware of the principal regulatory bottlenecks that are preventing the industry from producing and selling hundreds-of-thousands of affordable mainstream homes annually, notwithstanding the fact that the industry is today building its best homes ever. Fortunately, however, the U.S. Supreme Court has recently issued a landmark decision that if used wisely and forcefully by the industry and especially its post-production sector, could help to eliminate these bottlenecks and others that could emerge in the future.
Specifically, on June 28, 2024, the United States Supreme Court announced its decision in Loper Bright Enterprises v. Raimundo.
21) MHProNews has helped lead the charge for exposing MHI’s behavior for what it is. As a disclosure and reminder, our leadership were MHI members. This writer was elected by industry peers to sit on the MHI Suppliers Division board of directors. We were invited to speak at MHI events. We were paid by MHI, and MHI members, to provide some of their content and ideas. So, when we publicly questioned – questioned! – why MHI’s Richard “Dick” Jennison and Lesli Gooch apparently deliberately misled the industry, we were questioning the source of where the bulk of our company revenues were coming from. It has been a costly and at several times, unpleasant ride. But it is entirely necessary if someone is going to hold onto what the American Dream is supposed to represent. Free enterprise. Freedom to choose, instead of getting bullied or throttled into submission. MHI’s leaders were asked yesterday once more to respond to any or all of the concerns raised by this publication and this writer.
from: | L. A. Tony Kovach for MHProNews/MHLivingNews | ||
to: | “to: William “Bill” Boor @cavco.com [MHI’s chairman] Lesli Gooch <lgooch@mfghome.org> [MHI’s CEO] Patrick Waite @equitylifestyle.com [ELS COO and also on the MHI Executive Committee] David Goch @wc-b.com [MHI outside attorney – who said MHI monitors untrue remarks, so that implies that these remarks are true] Leo <leo@forahouse.com> [Prior MHI chair and whose manufactured home retail business unit was purchased by Cavco] Tom.hodges@Clayton.net [Clayton Homes general counsel, promoted “the moat,” and MHI prior chairman] Molly.Boyle@fpmgi.com [MHI’s designated media contact, who has yet to have known to respond to any of our inquiries] |
||
cc: | Frank Bowman @imha.org [another MHI state association executive] Darren Krolewski @datacompusa.com [ELS owned and MHI supported MHInsider and MHI endorsed MHVillage/Datacomp, which is being sued for claimed antitrust violations.] Jess Maxcy, [the latest state association award winner.] Jim Gray @lincolninst.edu, [formerly with the FHFA and who admitted there was little progress on DTS.] |
[MHProNews Note, as the below reflects, there were multiple BCCs, in and out of MHI.]
date: | Sep 5, 2024, 2:20 PM | ||
subject: | Media outreach, request for comment on new op-ed |
Ladies and Gents,
L. A. “Tony” Kovach …
23) IF MHI leaders respond, we plan to bring their response. Don’t hold your breath but stay tuned to the only pair of trade media sources that dares to pull back the curtain and show industry pros what is actually occurring. That said, let’s close on a positive. As MHARR’s Issues and Perspectives in Part II indicated, the industry is poised – given proper leadership – for growth back into the hundreds of thousands of units a year. That is the apparent alternative to going with the predatory and consolidation embracing MHI insiders’ flow.
The market report follows. ##
One of the most powerful speeches President Reagan has ever given.
This holds SO TRUE at this moment:
“Freedom is a fragile thing, and it’s never more than one generation away from extinction….” pic.twitter.com/0uk8GVAQeB
— 🇺🇸ProudArmyBrat (@leslibless) August 10, 2024
Part IV
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 – 9.5.2024
- Why investors are on edge ahead of Friday’s jobs report
- A drone view shows tanks at the Airankol oil field operated by Caspiy Neft in the Atyrau Region, Kazakhstan August 22, 2024.
- OPEC+ extends oil output cuts again through November
- New York Times Publisher A.G. Sulzberger leaves the U.S. Justice Department after he and fellow media executives met with Attorney General Merrick Garland on June 14, 2021 in Washington, DC.
- New York Times publisher sounds the alarm on Trump employing authoritarian anti-press ‘playbook’
- Oasis fans piled onto Ticketmaster’s website early Saturday to buy tickets to the British rock band’s reunion tour next year.
- Ticketmaster probed in the UK over Oasis concert sales
- The US economy is at an inflection point, and Friday’s jobs report could very well telegraph what direction it’s headed.
- Friday’s jobs report will likely determine the size of the Fed’s rate cut
- In an aerial view, a container ship is guided into the Port of Oakland on August 7, 2023 in Oakland, California.
- The Trump policy that scares economists the most
- Advertisers plan to withdraw from X in record numbers
- Nvidia’s CEO Jensen Huang displays products on-stage.
- Nvidia is suddenly in trouble
- Frontier Communications Parent headquarters in Dallas.
- Verizon to acquire Frontier in $20 billion deal to boost fiber network
- Beleaguered Burberry is no longer one of UK’s most valuable public companies
- Nvidia has more than just billions of dollars in value to lose if its stock keeps falling
- The Murdoch family is secretly battling over succession. News outlets are asking a court to make it public
- Biden prepared to block US Steel purchase by Nippon Steel
- Chipotle and Spirit Halloween are launching a costume collection
- Most striking hotel workers are back on the job, but the strike continues in San Diego
- ‘From the River to the Sea’ is not hate speech, Meta’s Oversight Board rules
- Dollar stores are struggling. Blame Walmart
- US regulators want to investigate Shein and Temu over ‘deadly’ baby products
- America has the fewest jobs available since January 2021
- The ‘glory days’ for global automakers in China are over
- The company formerly known as Lumber Liquidators is going out of business
- McDonald’s is giving its McFlurry a makeover
- This week could shift the focus of a key narrative for Harris and Trump
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Headlines from right-of-center Newsmax – 9.5.2024
- Trump: Musk Will Root Out Govt Fraud With New Task Force
- Republican nominee Donald Trump promised Thursday that if he’s elected, he’ll create a government efficiency commission to root out fraud in the federal government — and confirmed that tech billionaire Elon Musk, who suggested the idea, will lead it. [Full Story]
- Israel at War
- Hamas Urges US Pressure on Israel as Bibi Says, ‘No Deal’
- WH Doubts Hamas’ Commitment to Hostage Deal Despite Progress
- Friedman’s Book Urges ‘One Jewish State,’ Hits Biden Policies
- Israeli Strikes Kill 5 in West Bank
- Maersk: Impact From Red Sea Attacks Intensifying
- Hamas Propganda Video Features Slain Hostage
- Palestinian Activists Losing Hope Harris Will Pivot on Gaza
- Report: US, Israel Mull Options to Ease Lebanon Tensions
- US Charges Hamas Leader, Other Militants Over 10/7
- Newsmax TV
- Fmr Gov. Pawlenty: Debate ‘Extremely Important’
- Malliotakis: Expect Cuomo to Be ‘Evasive’ in COVID Testimony
- Karoline Leavitt: Harris Must Answer for Record
- Collins: Faith Boosts Locals After Ga. School Shooting
- RFK Jr.: Harris Has No Consistent Vision
- Apalachee Father: ‘Scariest Moment of My Life’
- H. GOP Chair: Harris Faces Trouble In State
- Stitt: Already Crime to Enter US Illegally
- Texas AG: Looking at Counties Defying Voter Registraton Plan
- Newsfront
- US Prosecutors Oppose Hunter Biden Plea Offer in Tax Case
- Hunter Biden, son of President Joe Biden, offered Thursday to plead guilty to federal tax charges but avoid admitting any wrongdoing, in an unusual legal maneuver that federal prosecutors quickly opposed.It was not immediately clear whether the judge overseeing the case…… [Full Story]
- Newsmax Files With SEC for Initial Public Offering
- Newsmax Inc. is pleased to announce that it has confidentially filed [Full Story]
- Biden Admin Races to Save Billions in Ukraine Aid
- President Joe Biden’s administration is engaged in urgent discussions [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]
- Harris Hunkers Down for Debate; Trump Stays on Trail
- Vice President Kamala Harris travels to the crucial battleground [Full Story]
- Related
- Harris Insiders Say Debate Prep Going ‘Sideways’
- Walz Family Members in Nebraska Support Trump
- Election Nostradamus: Harris Will Defeat Trump
- Harris Bucks Biden With Capital Gains Tax Below 39.6%
- Trump Accuses Dems of Resurrecting ‘Russia Hoax’
- Trump: Economic Plan Will ‘Reignite Explosive’ Growth
- Black Conservatives Launch Bus Tour for Trump
- Trump: Musk Will Root Out Govt Fraud With Task Force
- 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]
- Why Doctors in the Know No Longer Prescribe Blood Pressure Drugs
- Primal Health
- Speaker Johnson’s Funding Plan Draws GOP Skepticism
- House Speaker Mike Johnson, R-La., is facing pushback from within his [Full Story]
- S&P 500, Dow End Lower Ahead of Key Jobs Data
- The benchmark S&P 500 index and the Dow ended lower in choppy trading [Full Story]
- Urologists Warn Men: Start Doing This Tonight to Shrink Your Prostate (Watch)
- Health Watch
- Alaska Law Requiring Abortions Be Done by Doctors Tossed
- A state judge in Alaska threw out a law that prohibits anyone other [Full Story]
- Putin: Kursk Incursion Has Not Slowed Donbas Advance
- President Vladimir Putin said Thursday that Ukraine’s incursion into [Full Story]
- Related
- Russian Forces Capture Settlement in East Ukraine, Defense Ministry Says
- MD Cautions: Throat Phlegm Could Be Telling You Something
- Vitaee
- Latest ‘God’s Not Dead’ Film Focuses on Civic Duty to Vote
- The latest “God’s Not Dead” film focuses beyond its usual [Full Story] | Platinum Article
- Red Lobster Says it Will Soon Exit Bankruptcy
- After months of dozens of restaurant closings and headlines about [Full Story]
- Sharpen Your Chainsaw in 10 Seconds Without Removing the Chain
- Dotmalls
- How Trump Would Dismantle Biden’s Climate Legacy
- Presidential hopeful Donald Trump has laid out an energy policy [Full Story]
- Here’s How Much You Should Pay for Affordable Gutter Guards
- LeafFilter Partner
- US Calls on Big Tech to Help Evade Online Censors in Russia, Iran
- The White House, aiming to persuade U.S. tech giants to offer more [Full Story]
- Minority Count Dips at Top Colleges After SCOTUS Ruling
- Black and Latino enrollment at several major universities has dropped [Full Story]
- RFK Jr. Hits Candace Owens for ‘Sickening’ Attack on Famed Rabbi
- Robert F. Kennedy Jr. tore into conservative commentator Candace [Full Story]
- COVID Effects on Schools Unclear in Most States
- A majority of states grade out at a C or worse in their transparency [Full Story]
- Families Sue Colo. School Over Hidden Trans Policy
- Three Colorado families are suing the Jefferson County School [Full Story]
- Courtroom Clash in Trump’s Election Interference Case as the Judge Ponders the Path Ahead
- Courtroom Clash in Trump’s Election Interference Case as the Judge Ponders the Path Ahead
- In the first court hearing in nearly a year, a lawyer for Donald [Full Story]
- Texas Sues to Block Rule Protecting Abortion Privacy
- Texas sued the Biden administration in an effort to block a new rule [Full Story]
- Judge Temporarily Blocks New Biden Student Debt Plan
- A judge on Thursday temporarily blocked President Joe Biden’s [Full Story]
- Harris Campaign Raises Over $300 Million in August
- The campaign to elect Vice President Kamala Harris said fundraising [Full Story]
- AARP Poll: Sheehy Leads Tester in Mont. Senate Race
- Republican challenger Tim Sheehy leads incumbent Sen. Jon Tester, [Full Story]
- Munich Police Kill Man Suspected of Planning Israeli Consulate Attack
- Police in Munich exchanged fire with a gunman near the Israeli [Full Story]
- Abortion on Ballot in 10 States in November Election
- More than two years after the U.S. Supreme Court overturned Roe v. [Full Story]
- Mike Lee Urges Senate GOP to Advance SAVE Act
- Mike Lee, R-Utah, exhorted his fellow Republicans in the upper [Full Story]
- Trump Pleads Not Guilty to New 2020 Election Charges
- Former President Donald Trump pleaded not guilty on Thursday to [Full Story]
- NY Post: Biden Claims Russia Threat, Ignores China
- The New York Post’s editorial board took the Biden administration to [Full Story]
- Ugandan Olympian Burned to Death in Domestic Dispute
- Ugandan Olympic marathon runner Rebecca Cheptegei has died, hospital [Full Story]
- Private Payrolls Post Smallest Increase in 3-1/2 Years
- S. private employers hired the fewest number of workers in [Full Story]
- DOJ: Russia Funneling Millions to Conservative Social Media
- Russian operatives reportedly funneled money to a Tennessee-based [Full Story]
- More Newsfront
- Finance
- Trump: Economic Plan Will ‘Reignite Explosive’ Growth
- Former President Donald Trump, delivering a major economic policy address to the Economic Club of New York on Thursday, vowed to return the United States to prosperity with a plan that will “reignite explosive economic growth” through a renewed focus on energy…. [Full Story]
- Related Stories
- How Trump Would Dismantle Biden’s Climate Legacy
- Why Trump Is Predicted to Win Again in 2024
- Reuters/Ipsos Poll: US Voters Prefer Trump on Economy
- Goldman: Harris Tax Reforms Could Lower S&P by 5%
- Trump: Musk Will Root Out Govt Fraud With Task Force
- US Looking Into Airline Frequent-Flyer Programs
- Billionaire Larry Ellison to Control Paramount After Deal
- Dow Down 357 Points as Focus Shifts to Payrolls Data
- More Finance
- Health
- Playing Video Games Can Boost Mental Health
- A landmark study from Japanese researchers found that moderate gaming improves mental health. The research team, led by scientists at Nihon University and other universities, conducted the study during the COVID-19 pandemic, when there was a shortage of gaming consoles such…… [Full Story]
- Teen Vaping Hits 10-Year Low in the US
- Breakthrough AI Tools Use Sound to Detect Illness
- Air, Noise Pollution Lower Fertility in Men, Women
- How to Check an Ozempic Batch Number to Avoid Fakes
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