> “When was H.R. 7651 the Manufactured Housing Affordability and Energy Efficiency Act-of-2022 submitted?”

According to the Library of Congress, H.R. 7651, also known as the Manufactured Housing Affordability and Energy Efficiency Act of 2022, was introduced in the House of Representatives on May 3, 2022 ¹. The bill was sponsored by Representative David Kustoff, a Republican from Tennessee’s 8th congressional district ¹. It was referred to the House Committee on Energy and Commerce on the same day ¹.

You can find the full text of the bill on the Congress.gov website ¹. The bill aims to clarify the process and standards for rulemaking establishing standards for energy efficiency in manufactured housing ¹.

I hope this information helps!

Learn more:

1. congress.gov2. manufacturedhousing.org3. congress.gov”

> “On what date was H.R. 3327, the Manufactured Housing Affordability and Energy Efficiency Act of 2023 filed?”

According to GovTrack.us, H.R. 3327, also known as the Manufactured Housing Affordability and Energy Efficiency Act of 2023, was introduced in the House of Representatives on May 15, 2023 ¹. The bill was sponsored by Representative David Kustoff, a Republican from Tennessee’s 8th congressional district, and co-sponsored by Representative Terri Sewell, a Democrat from Alabama’s 7th congressional district ¹. It was referred to the House Committee on Energy and Commerce and the House Committee on Financial Services for further consideration ¹.

You can find the full text of the bill on the GovTrack.us website ¹. The bill aims to require the Secretary of Energy to receive approval from the Secretary of Housing and Urban Development with respect to manufactured housing energy efficiency standards issued by the Secretary of Energy, and for other purposes ¹.

I hope this information helps!

Learn more:

1. govtrack.us2. congress.gov3. govtrack.us”

> “Beyond the two bills previously mentioned in my initial inquiry, In testimony by F.R. “Jayar” Daily to Congress in March 22, 2016, Daily said on behalf of the Manufactured Housing Institute that they supported H.R. 3135 to reform the EISA so that HUD, not the DOE, would be the primary regulator of manufactured housing energy standards, correct? Can you find any other examples of MHI asking to support such a bill to reform the EISA?”

Learn more:

1. congress.gov2. manufacturedhousing.org3. govtrack.us4. govtrack.us5. aceee.org6. manufacturedhomepronews.com7. energy.gov8. manufacturedhomepronews.com9. manufacturedhomepronews.com10. federalregister.gov“

>> “Bing, I think the Congressional Rep Cindy Axne portion of your response is inaccurate. I think Rep Axne co-sponsored the “Manufactured Housing Tenant’s Bill of Rights” and the “Manufactured Housing Community Preservation Act.” Neither one was supported by the Manufactured Housing Institute, correct? And those bills did not address Section 413 of EISA, correct?“

You are correct. I apologize for the confusion in my previous response. Representative Cindy Axne co-sponsored the “Manufactured Housing Tenant’s Bill of Rights” and the “Manufactured Housing Community Preservation Act,” neither of which was supported by the Manufactured Housing Institute (MHI) ¹². These bills did not address Section 413 of the Energy Independence and Security Act (EISA) of 2007 ¹.” …

So, that said, the prior Bing AI reply is noteworthy, quoting: “I could not find any other examples of MHI asking to support such a bill to reform EISA.”

Another question was asked that included some inaccurate information. To save space, time and possible confusion, let’s jump to the follow up from MHProNews to Bing AI.

Missing so far from this discussion is a more complete history of how the Manufactured Housing Association for Regulatory Reform (MHARR) essentially forced a flip-flop by MHI.

 

That noted, the segment above was part of what was cited in the opening paragraph. Quoting again and adding emphasis was this, per Bing AI.

According to my web search, the Manufactured Housing Institute (MHI) did not oppose Section 413 of The Energy Independence and Security Act (EISA) of 2007 before it was enacted. In fact, MHI supported the inclusion of Section 413 in EISA, as it was seen as a compromise between the industry and the environmental groups that wanted more stringent energy standards for manufactured housing¹.

However, after EISA was enacted, MHI changed its position and started to oppose Section 413, as it became clear that the Department of Energy (DOE) was not following the proper procedures and consultations required by the law. MHI argued that DOE’s proposed rule would impose excessive costs and burdens on the industry and consumers, and that HUD had more expertise and experience in regulating manufactured housing than DOE².”

Then, consider the evidence that MHProNews has previously published that supports the points made by Bing’s AI.

Recall too that the reason that the DOE energy rule was revived, as the Masthead post on MHProNews illustrated, is because of legal action taken by the Sierra Club against the DOE.  The Sierra Club, per the information shown, apparently gets financial support from one or more Warren Buffett supported nonprofit(s).

To get the full picture, see the Q&A conducted by MHProNews with MHARR senior advisor Danny Ghorbani at this link here or below.

Let’s sum up to this point.  In no particular order of importance are the following.

1).  MHI’s attorneys have said that if this rule goes into effect, it will cause “Irreparable Harm.” See that in context in their words linked below.

2) Per Bing AI about MHI’s claim about Rep Ralph Norman: “I could not find any evidence that his amendment was specifically intended to stop the DOE from using the funds to implement the energy standards for manufactured housing.”

3) But let’s presume, for discussions sake, that MHI is correct, and Bing has missed evidence for their support of the Rep Norman amendment that MHI and one or more of their state association affiliates were touting (see near the top, above). Even then, the MHI supported amendment by Congressman Norman went down in flames. As Bing AI said: The amendment was rejected by a vote of 139-287 on October 19, 2023³.” Will MHI make that clear in their next update? Time will tell.

4) There are three known pieces of legislation that MHI has supported that aimed to pass bills like “H.R. 3327, the Manufactured Housing Affordability and Energy Efficiency Act of 2023,” But per Bing, there were, or are, no companion bills in the Senate for that proposed legislation. Perhaps as or more revealing: Bing AI said: “I could not find any other examples of MHI asking to support such a bill to reform EISA.” Meaning, there were apparent gaps in that could stop what MHI said was the “irreparable harm” from the DOE standards from going into effect.

As of the morning of 10.24.2023, an informed source told MHProNews that no response has been filed yet by MHI-TMHA to oppose the DOE’s pleadings to that asked the court to dismiss the MHI-TMHA case. Why did MHI file if they aren’t going to fight to win?

5) Per the known evidence, MHI has literally been on both sides of the DOE energy rule issue. The apparently allowed the EISA of 2007 and Section 413 to go into effect. Why aren’t they being held accountable for that apparent error?  Once, the bill was passed, MHI worked with those promoting the EISA and DOE energy rule enforcement. Bills that MHI has launched had no Senate companion. The Rep Norman amendment MHI touted went down in flames.  It seems that MHI has postured efforts while MHARR successfully stopped the efforts a few years ago. As MHARR has said, MHI linked sources have thrown DOE more than one lifeline. There is no known direct refutation of those claims by MHI.

That evidence has potential implications for publicly traded companies that are MHI members. Where is the specific warnings or explanations by publicly traded MHI members that explain why ‘their’ trade association has either repeatedly badly mishandled, or intentionally postured and failed, in stopping the steady march of the “harmful” DOE energy rule.

6) If the DOE rule goes into effect after MHI said that it will cause “irreparable harm” Boor’s company, and possibly others, could well be subjected to the kind of litigation that Cavco finally settled after years of avoidable costs. Something similar could happen to MHI members Skyline Champion and Clayton Homes.

7) All of this evidence fits with what MHARR’s Mark Weiss and Danny Ghorbani have asserted, and what MHProNews has reported for years.

To hammer some of that evidence home, MHProNews asked the following follow up to Bing AI.

> “Mostly helpful, but let’s build and clarify that with this question. Research suggests that while the Manufactured Housing Institute has had a few House bills to reform Section 413 of The Energy Independence and Security Act (EISA) of 2007 (Public Law 110-140), they have never had a companion bill in the Senate to reform Section 413 of The Energy Independence and Security Act (EISA) of 2007 (Public Law 110-140), is that correct? Without identical House and Senate bills, a bill will never become law, isn’t the correct?”

You are welcome. Yes, you are correct that the Manufactured Housing Institute (MHI) has never had a companion bill in the Senate to reform Section 413 of The Energy Independence and Security Act (EISA) of 2007¹. Without identical House and Senate bills, a bill will never become law, as it needs to pass both chambers of Congress and be signed by the President².

According to my web search, MHI has only supported House bills that would repeal or amend Section 413 of EISA, such as H.R. 3135, H.R. 2054, and H.R. 5198, as I mentioned in my previous answer³. However, none of these bills have been introduced or cosponsored by any Senator, and none of them have been referred to the Senate Committee on Energy and Natural Resources, which has jurisdiction over energy policy⁴.

Therefore, it seems that MHI has not been able to gain enough support or influence in the Senate to advance its legislative agenda on reforming Section 413 of EISA. This may explain why MHI has resorted to filing a lawsuit against the Department of Energy (DOE) and the Secretary of Energy, Jennifer M. Granholm, to challenge the DOE’s final rule on Energy Conservation Standards for Manufactured Housing.

I hope this information is helpful to you. If you have any other questions, please feel free to ask me. 😊

¹: Federal Attorneys Move to Dismiss Manufactured Housing Institute-Texas …²: How Our Laws Are Made – Learn About the Legislative Process ³: Vote YES: Support the Affordable HOMES Act – MHI⁴: Committee on Energy and Natural Resources : DOE/EA-2021: Energy Conservation Standards for Manufactured Housing …

Learn more:

1. manufacturedhomepronews.com 2. manufacturedhousing.org 3. energy.gov 4. manufacturedhomepronews.com 5. manufacturedhomepronews.com 6. manufacturedhousing.org 7. energy.gov“

MHI, or MHI defenders, could attempt to argue they MHI has made several sincere efforts that just happens to have repeatedly failed. But as some of the insights from Bing AI illustrated, MHI’s efforts could reasonably have been expected to fail. That leads someone to the conclusion that MHI has been posturing. But if so, what would be their motivation?

With the above in mind, consider this follow up to Bing AI.

> “So, at about the same time frame as Jayar Daily is testifying on behalf of the Manufactured Housing Institute to a House subcommittee asking for support for H.R. 3135, the Manufactured Housing Institute signed onto letters obtained through the Freedom of Information Act for negotiated rule making with supporters of Section 413 of the EISA of 2007, is the correct? Can you find any evidence that the Manufactured Housing Institute has posted those letters asking for negotiated rule making in support Section 413 on their own website?”

You are welcome. Yes, you are correct that Jayar Daily testified to a House subcommittee on March 22, 2016 that MHI supported H.R. 3135, which would amend the EISA to give HUD the authority to establish energy efficiency standards for manufactured housing¹. However, around the same time, MHI also signed onto letters obtained through the Freedom of Information Act for negotiated rulemaking with supporters of Section 413 of EISA, which gave DOE the authority to set energy standards for manufactured housing².

According to my web search, I could not find any evidence that MHI has posted those letters asking for negotiated rulemaking in support of Section 413 on their own website. The only letter that I found on MHI’s website is the one that I mentioned in my previous answer, where MHI urged the House Energy and Commerce Committee to include H.R. 2054, the Energy Efficient Manufactured Housing Act of 2017, in the discussion draft of the Energy and Commerce Committee’s energy legislation³. This letter shows that MHI was trying to “undo” what it had done earlier by supporting Section 413 of EISA and the DOE’s negotiated rulemaking process.

I hope this information is helpful to you. If you have any other questions, please feel free to ask me. 😊

¹: Testimony of F.R. “Jayar” Daily²: DRAFT ENVIRONMENTAL ASSESSMENT FOR Notice of Proposed Rulemaking, 10 …³: Vote YES: Support the Affordable HOMES Act – MHI

Learn more:

1. org 2. glb.hud.gov 3. energy.gov 4. manufacturedhousing.org 5. glb.hud.gov 6. manufacturedhousing.org“

Per the above, Bing AI could: “…not find any evidence that MHI has posted those letters asking for negotiated rulemaking in support of Section 413 on their own website.” Furthermore, “Yes, you [MHProNews’ inquiry with facts] are correct that Jayar Daily testified to a House subcommittee on March 22, 2016 that MHI supported H.R. 3135, which would amend the EISA to give HUD the authority to establish energy efficiency standards for manufactured housing¹. However, around the same time, MHI also signed onto letters obtained through the Freedom of Information Act for negotiated rulemaking with supporters of Section 413 of EISA, which gave DOE the authority to set energy standards for manufactured housing².” So, once again, was MHI just confused? Did they want negotiated rulemaking to get a manufactured housing energy rule? Or did they want to stop this rule from going into effect? What could explain these apparent – some would say blatant and obvious – disconencts?

MHProNews asked the following which led Bing AI to provide the following eye-opening summary.

> “Please confirm or clarify the following. Based on the known evidence, the Manufactured Housing Institute has a self-contradictory history with respect to Section 413 of The Energy Independence and Security Act (EISA) of 2007 (Public Law 110-140). They have asked for negotiated rule making to establish manufactured housing energy standards that they now say they oppose. Cavco CEO Bill Boor told Congress on behalf of the Manufactured Housing Institute the standards would be costly and harmful. Is there any evidence that the Manufactured Housing Institute has responded to DOE attorneys efforts to dismiss their case to stop the manufactured housing energy rules that Boor says are harmful, costly, and won’t be cost effective for consumers if enacted?”

You are welcome. I can confirm and clarify the following:

• Based on the known evidence, the Manufactured Housing Institute (MHI) has a self-contradictory history with respect to Section 413 of The Energy Independence and Security Act (EISA) of 2007, as I explained in my previous answer¹.
• They have asked for negotiated rulemaking to establish manufactured housing energy standards that they now say they oppose, as shown by the documents obtained through the Freedom of Information Act².
• Cavco CEO Bill Boor told Congress on behalf of MHI that the standards would be costly and harmful, and urged them to pass H.R. 3327, the “Manufactured Housing Affordability and Energy Efficiency Act of 2023,” which would transfer the authority to set energy standards for manufactured housing from DOE to HUD³.
• According to my web search, there is no evidence that MHI has responded to DOE attorneys’ efforts to dismiss their case to stop the manufactured housing energy rules that Boor says are harmful, costly, and won’t be cost effective for consumers if enacted. The last update on the case was on April 13, 2023, when the court granted a motion to stay the answer deadline until May 14, 2023⁴.

I hope this information is helpful to you. If you have any other questions, please feel free to ask me. 😊

Learn more:

1. com 2. dockets.justia.com 3. manufacturedhousing.org 4. manufacturedhomepronews.com“

Detail-minded and longer-term readers of Manufactured Home Pro News (or newcomers who go back through the search results using the MHProNews site search tool) may recall or discover that for months, MHI allowed the clock to click down toward the effective date of the DOE manufactured housing energy rule. So, what? Go back to the top of this report and analysis. What did MHI’s own attorneys say? The search phrase above is identical to the opening sentence of this report: “Per attorneys for the Manufactured Housing Institute (MHI), the manufactured home industry could suffer “Irreparable Harm” if the DOE energy rules for HUD Code manufactured homes are allowed to go into effect.”  As the Bing and Google search results on this date shown above reveal, these topics are best read on MHProNews. Others are routinely regurgitating MHI talking points, if they mention the DOE energy rule issue details at all.  Indeed, the Occam’s Razor takeaway could be that the entire point of other trade publications that are in the MHI orbit is precisely to mimic the narrative that MHI deploys and/or to routinely distract from what MHProNews, MHLivingNews, or the MHARR website shares.

MHProNews, MHARR and to a lesser extent MHLivingNews spent months putting public pressure on MHI to FILE suit against the DOE. According to Justia and Bing AI, the following.

The case number for the lawsuit filed by The Manufactured Housing Institute and The Texas Manufactured Housing Association against The United States Department of Energy and Jennifer Granholm over manufactured housing energy standards is 1:2023cv00174¹². The case was filed on February 14, 2023 in the US District Court for the Western District of Texas¹. The presiding judge is David A. Ezra¹. The nature of the suit is “Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision” ¹. The cause of action is “05 U.S.C. § 702 Administrative Procedure Act” ¹. No jury has been demanded by either party ¹.”

 

> “Prior to the filing of The Manufactured Housing Institute et al v. The United States Department of Energy et al 1:2023cv00174 who in the manufactured housing industry published articles or posts on the need for legal action to stop the DOE manufactured housing energy rule from going into effect?”

The ‘more creative’ setting for Bing AI chat responses was used for the question above.  Bing AI answered the MHProNews inquiry as follows.

Hello, this is Bing. I can help you find some information on this topic. 😊

According to my web search results, the Manufactured Housing Association for Regulatory Reform (MHARR) published an article in August 2022, entitled “Why the DOE Energy Rule Should be DOA” ¹, in which it called on the Manufactured Housing Institute (MHI) to use its resources to file a court action against the DOE final rule. MHARR also offered to assist with such an action and set forth various claims and arguments based on the legal and practical defects of the DOE rule ¹.

The MHI and the Texas Manufactured Housing Association (TMHA) filed a court action against the DOE final rule in the U.S. District Court for the Western District of Texas on February 14, 2023 ²³⁴. The lawsuit seeks a stay of the impending implementation of the DOE final rule and other related relief ². The DOE final rule, which was scheduled to take effect on May 31, 2023, would establish energy conservation standards for manufactured housing based on the International Energy Conservation Code (IECC) . The plaintiffs argue that the DOE rule is not cost-effective and would harm the affordability and availability of manufactured housing ²³⁴.

I hope this information is helpful to you. If you have any other questions, please feel free to ask me. 😊

Learn more:

1. manufacturedhousingassociationregulatoryreform.org 2. federalregister.gov 3. einnews.com4.“

So, only MHARR and their press release are shown in terms of manufactured housing industry responses (the Federal Register is governmental, not industry).  A follow up inquiry reiterated some of the same, but frankly missed MHProNews. Thus, this follow up was asked.

>> “Pardon me, but that reply also missed what may be the only other source besides MHARR that published on the need to use legal action. Quoting: “It should be obvious. MHI needs to be engaged on the legal level to stop the DOE energy rule, supporting what MHARR has already led the charge on.” That is found on MHProNews at this link here: https://www.manufacturedhomepronews.com/masthead/manufactured-housing-institute-admits-does-manufactured-housing-energy-efficiency-standards-rule-conflicts-with-administrations-plans-to-ease-housing-costs-mharr-r/ That is months in advance of February 14, 2023. And there are others on that same website, including those cross-linked from that article, correct? Please check and correct as needed for accuracy.”

I apologize for missing that source in my previous answer. You are correct that MHProNews published an article on May 23, 2022 ¹, which quoted a statement from MHARR that urged MHI to file a legal action against the DOE energy rule. The article also mentioned that MHARR had filed a Supreme Court amicus brief on May 9, 2022 ², in support of a coalition of states that challenged the use of the Social Cost of Carbon metric in federal rulemaking. The article criticized MHI for not joining or supporting the legal efforts of MHARR and the states.

I have searched the web again and found some other articles on MHProNews that also discussed the need for legal action against the DOE energy rule. For example, on June 7, 2022 ³, MHProNews reported that MHI had sent a letter to DOE Secretary Jennifer Granholm, asking her to withdraw the DOE energy rule. The article argued that MHI’s letter was “too little, too late” and that MHI should have filed a lawsuit instead. On July 12, 2022 ⁴, MHProNews published an article that analyzed the impact of the DOE energy rule on manufactured housing affordability and availability. The article claimed that the DOE energy rule would harm millions of Americans and urged MHI to take legal action to stop it.

I hope this information is more accurate and comprehensive. If you have any other questions, please feel free to ask me. 😊

Learn more:

1. manufacturedhomepronews.com2. manufacturedhomepronews.com3. manufacturedhousingassociationregulatoryreform.org4. manufacturedhousingassociationregulatoryreform.org5. manufacturedhousingassociationregulatoryreform.org6. einnews.com7. manufacturedhomepronews.com“

>> For clarity’s sake, other than MHARR and ManufacturedHomeProNews, can you find any other sources – including the Manufactured Housing Institute, one of their state association affiliates, or the Texas Manufactured Housing Association mentioning the need to use legal action to stop the implementation of the DOE energy rule for manufactured housing prior to February 14, 2023?”

I have searched the web again and found no other sources that mentioned the need to use legal action to stop the implementation of the DOE energy rule for manufactured housing prior to February 14, 2023, other than MHARR and ManufacturedHomeProNews. …”

Final Thoughts Before Summary and Conclusion

Search engines have often been accused of bias by an array of sources. That bias, such as it is, is unlikely to be in favor of the tiny over the giants. Bias tends to favor insiders, not outsiders or those exposing the insiders.

As a careful site search of MHProNews, MHLivingNews, and MHARR’s websites will reveal, each of them stated and/or linked to reports by MHARR and MHProNews stressing the need for MHI to file suit on the DOE energy rule issue months before a suit was finally launched. See for examples the record developed and previously stated here, here, here, and here. That last link is to the article below.

By the way, that production downturn that was predicted in the above occurred.

 

Summary and Conclusion

There is at this time a clear reporting and analysis record on MHProNews that emphasized the need for litigation, which MHI and the TMHA finally launched on 2.14.2023. That litigation was successful in delaying the implementation of the DOE energy rule. But the energy rule is still set to take effect. The only question is when will that effective date actually be? Will MHI-TMHA continue to battle via the courts? Or will they allow the DOE’s motion to dismiss to prevail?

Given that a clear record appears to exist that MHI slyly fostered the DOE energy rule, by joining forces for negotiated rule making with nonprofits (not MHARR) some years ago, in the editorial view of this publication, it is a matter of justice that MHI should be held accountable and responsible for what has happened on this issue.

Despite some glitches, that MHProNews’ inquiries helped correct (see above), a record has been developed in this article. It shows among other things the following. Quoting Bing AI (bold added by MHProNews, but text as in the original shown above):

According to my web search, the Manufactured Housing Institute (MHI) did not oppose Section 413 of The Energy Independence and Security Act (EISA) of 2007 before it was enacted. In fact, MHI supported the inclusion of Section 413 in EISA, as it was seen as a compromise between the industry and the environmental groups that wanted more stringent energy standards for manufactured housing¹.

However, after EISA was enacted, MHI changed its position and started to oppose Section 413, as it became clear that the Department of Energy (DOE) was not following the proper procedures and consultations required by the law. MHI argued that DOE’s proposed rule would impose excessive costs and burdens on the industry and consumers, and that HUD had more expertise and experience in regulating manufactured housing than DOE².”

 

MHI leaders and their attorneys have been asked repeatedly to correct or clarify as needed our reporting, or the evidence-based allegations made by MHARR. They have declined doing so.  Thus, there is a prima facie case and a non in controversia aut in controversia argument to be made that MHI at a minimum fueled the problem which they belatedly – and under sustained pressure from MHARR, MHProNews and MHLivingNews – attempted to fix.

Who benefited from this pattern? Again, the case can be made that it was the consolidators at MHI. Several independent manufactured home producers sold out to either MHI members Cavco Industries (CVCO) or Skyline Champion (SKY) in recent years. While it would have to be determined how much the DOE energy rule was a factor in that series of acquisitions, the arguments made by Cavco’s Bill Boor and MHI’s attorneys (stated and linked above herein) are just some of the reasons to think that MHI’s foot dragging and apparently duplicitous behavior has been a factor.

Quoting Boor to Congress on July 14, 2023, there is a:

“…risk imposing requirements that lead to unbuildable or prohibitively expensive products.”

“An unfortunate example of an imbalanced regulatory approach to ESG exists in energy standards the Department of Energy (DOE) promulgated for new manufactured homes last year. ”

“If finalized as proposed, these standards would significantly threaten the affordability of new manufactured homes – our nation’s most affordable homeownership option – by imposing costs on homeowners that far exceed any reasonable value placed upon the hoped-for energy savings.”

“This [passing H.R 3327] would eliminate crippling conflicts in federal regulations over the construction of manufactured homes, which currently have now emerged between DOE’s standard and the HUD Code.”

 

But that should take logical and clear-thinking professionals back to the history cited above. There has been periodic, apparently ineffective at stopping the implementation of Section 413 of the EISA, and flip-flopping efforts by MHI. Bing AI’s search indicated that, and neither MHI nor their attorneys have to date been known to publish or provide in writing anything that contradicts that troubled record.  Again, quoting Bing’s AI for clarity:

According to my web search, the Manufactured Housing Institute (MHI) did not oppose Section 413 of The Energy Independence and Security Act (EISA) of 2007 before it was enacted. In fact, MHI supported the inclusion of Section 413 in EISA, as it was seen as a compromise between the industry and the environmental groups that wanted more stringent energy standards for manufactured housing¹.

However, after EISA was enacted, MHI changed its position and started to oppose Section 413…”

A) MHI failed to stop section 413 before it was passed. Warren Buffett supported Sierra Club litigation was a key reason why MHARR’s and some allied prior efforts to stop the DOE energy rule where thwarted.

B) After EISA of 2007 was passed, MHI teamed up with nonprofits that were pro-energy rule interest asking for negotiated rule making. Why didn’t MHI team up with MHARR, especially when MHARR offered to do so?

C) Given that MHI-TMHA ultimately filed suit, that begs the question. Why didn’t they do so almost immediately after the DOE rule was promulgated?  Why was it about 6 months after MHARR’s argument below that MHI-TMHA filed suit?

 

 

D) There is a growing record of sordid behavior on the part of MHI and their dominating brands. It is exemplified in part by other legal actions by public officials and plaintiffs’ attorneys, in cases like those linked below. The SEC case against Cavco reads like an industrial spy novel.  Cavco eventually settled, paying a sizeable fine, as did former MHI chairman and Cavco CEO Joseph “Joe” Stegmayer.

 

 

 

Several of MHI’s leading brands have been consolidating the industry for years. It has become such an ‘open secret’ that some of those brands have clearly said as much during earnings calls and/or in their investor presentations.

Regulatory burdens always fall harder on smaller companies, or so argues authors and experts like Carol Roth.

MHI leaders are routinely well educated and seasoned. When the record is objectively examined, no one could be as incompetent as they have been throughout the history of the EISA and the DOE energy rule.  But it arguably isn’t incompetence. MHI leaders have been duplicitous. While they could claim differently, when the record is carefully examined, these points made by Bing AI should be the final takeaways.

• Based on the known evidence, the Manufactured Housing Institute (MHI) has a self-contradictory history with respect to Section 413 of The Energy Independence and Security Act (EISA) of 2007, as I explained in my previous answer¹.
• They have asked for negotiated rulemaking to establish manufactured housing energy standards that they now say they oppose, as shown by the documents obtained through the Freedom of Information Act².
• Cavco CEO Bill Boor told Congress on behalf of MHI that the standards would be costly and harmful, and urged them to pass H.R. 3327, the “Manufactured Housing Affordability and Energy Efficiency Act of 2023,” which would transfer the authority to set energy standards for manufactured housing from DOE to HUD³.
• According to my web search, there is no evidence that MHI has responded to DOE attorneys’ efforts to dismiss their case to stop the manufactured housing energy rules that Boor says are harmful, costly, and won’t be cost effective for consumers if enacted. The last update on the case was on April 13, 2023, when the court granted a motion to stay the answer deadline until May 14, 2023⁴.”

…and…

“…the Manufactured Housing Institute (MHI) did not oppose Section 413 of The Energy Independence and Security Act (EISA) of 2007 before it was enacted. In fact, MHI supported the inclusion of Section 413 in EISA, as it was seen as a compromise between the industry and the environmental groups that wanted more stringent energy standards for manufactured housing¹.”  ###

‘Conflict!’ MHI CEO Lesli Gooch Purportedly Paid Some $400K in Scheme Involving Indicted Man, 4 Congressional Reps per Bing Research -Exposé Links Evidence Contributing to Manufacturing Housing Underperformance

Litigation, Liability, Jobs, Trends, and Expected: NAHB, NAR, MHARR, MHI – ‘Homebuilder Sentiment Declining Rapidly After 1H23 Bounce’ ‘Historically Low Inventory;’ plus Sunday Weekly Headlines Review

JCN’s Ortiz-Small Biz Research, Evaluates Bidenomics and Billionaire Backers as Mortgage Rates Move Towards 8 Percent; Democrats and the Rich per Weichert; plus MHVille Markets Update

‘Sometimes Respecting and Loving Someone Requires Being Impolite. It Requires Hard Conversation Telling Hard Truths, Engaging in Civil Debate’ Alexandra Hudson; plus MHVille Markets Update

Part II – is 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.

This segment of the Daily Business News on MHProNews is the recap of yesterday evening’s market report, so that investors can see at glance the type of topics may have influenced other investors. Thus, our format includes our signature left (CNN Business) and right (Newsmax) ‘market moving’ headlines.

The macro market move 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 are impacting manufactured housing connected investing.

Reminder: several of the graphics on MHProNews can be opened into a larger size. For instance: click the image and follow the prompts in your browser or device to OPEN In a New Window. Then, in several browsers/devices you can click the image and increase the size. Use the ‘x out’ (close window) escape or back key to return.

 

Headlines from left-of-center CNN Business – from the evening of 10.25.2023

• Meta doubled profits in September quarter as turnaround effort continues
• Mattel reports spike in sales thanks to Barbie and Hot Wheels
• The Alma Mater statue outside Low Library during the Columbia University commencement convocation in New York, US, on Wednesday, May 17, 2023. The university offers undergraduate and graduate degrees in arts and sciences, business, dentistry, education, engineering, law, medicine, nursing, pharmacy, and social work. Photographer: Bing Guan/Bloomberg via Getty Images
• Mobile billboard at Columbia University shows names and faces of students allegedly linked to anti-Israel statement
• Apple TV+ hikes price once again
• A “UAW On Strike” sign held on a picket line outside the Stellantis Sterling Heights Assembly Plant in Sterling Heights, Michigan, US, on Monday, Oct. 23, 2023. UAW union members at Stellantis NVs lucrative pickup truck plant, which makes the Ram 1500 pickup truck, walked off the job Monday morning.
• Auto strike is now the longest in 25 years
• Nonprofit Embrace Global makes low-cost portable baby incubators that don’t rely on constant supply of power.
• A nonprofit is racing to get its portable baby incubators into Israel and Gaza as crisis deepens
• FTX cryptocurrency exchange founder Sam Bankman-Fried, wearing prison clothing, stands next to his attorney Christian Everdell in Manhattan federal court where he pleaded not guilty to seven criminal charges contained in a new indictment during a hearing before U.S. Magistrate Judge Sarah Netburn in New York City, U.S. August 22, 2023 in a courtroom sketch.
• Sam Bankman-Fried set to testify in fraud trial as soon as Thursday
• Air Force One debacle: Boeing has now lost more than $1 billion on each of the president’s two new jets
• Woman who burned herself on Dunkin’ coffee settles for $3 million
• Tesla faces Justice Department probe of range claim
• This company envisions a future where humanoid robots are as ubiquitous as smartphones
• McDonald’s is getting rid of McFlurry spoons
• US and Gulf nations target ‘secret’ Hamas investment portfolio worth up to $1 billion
• US new home sales surged in September
• Inflation is cooling, but the price hikes aren’t done
• IMF says Israel-Hamas war likely to hit neighboring economies
• Bud Light scores mega deal to become the official beer of UFC
• UPenn donors were furious about the Palestine Writes Literature Festival. What about it made them pull their funds?
• Americans ran up $105 billion in credit card interest last year alone
• Big Tech earnings can make or break this market
• Guilty pleas from ex-Trump attorneys deal blow to right-wing media outlets that amplified election lies
• Deutsche Bank shares surge as it promises more cash for investors

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Headlines from right-of-center Newsmax 10.25.2023

• New Speaker Johnson: ‘Honor of a Lifetime’
• Israel at War
• Orders State Universities to Disband Student Group as Pro-Hamas
• Biden Condemns Retaliatory Attacks by Israelis Against Palestinians in West Bank
• Jordanian Queen Blasted for Accusing West of ‘Glaring Double Standard’ on Israel-Gaza | video
• Ben Cline: Congress Must Affirm Support of Israel | video
• McCormick: Guterres’ ‘Rhetoric Does Not Help’
• Israel to Delay Gaza Invasion to Allow US Defense Prep
• Netanyahu: Israel Preparing Gaza Ground Invasion
• IDF Kills High-Ranking Hamas Military Official
• UN Chief: False to Accuse Me of ‘Justifying’ Hamas
• Israel to Deny UN Officials’ Visas Over Sec. Gen. Remarks
• US Confident Israel Not to Blame for Hospital Blast
• UN to Vote on Rival US, Russian Plans for Israel, Gaza
• Hezbollah, Jihad Leaders Meet, Seek ‘Real Victory’
• Qatar Warns War Complicates Hostage Talks
• Speaker Mike Johnson Elected
• Trump Lauds Johnson: Will Be ‘Great Speaker’
• Hern: We Have a Lot of Work to Do | video
• House Speaker Mike Johnson Wins Gavel With Full GOP Support
• Van Duyne to Newsmax: Johnson ‘Tremendous Addition’ as Speaker | video
• John Gizzi: Rep. Johnson Has the Votes to Win Gavel
• Van Drew: Johnson ‘Has Strong Conservative Values’ | video
• Major House GOP Figures All Endorsed Johnson
• Trump Urged GOP to Vote Rep. Johnson ‘Fast!’
• Tenney: GOP Steps ‘Forward’ With Johnson | video
• Diaz-Balart: Conservative Agenda ‘Has Suffered’ | video
• John Gizzi: ‘Little Baggage’ Aided Rep. Johnson’s Bid
• Newsmax TV
• Lankford: Biden’s Iran Warning Not Strong Enough
• Ben Cline: Affirm Israel Support Next, First Move | video
• Beth Van Duyne: Speaker ‘Tremendous Addition’ | video
• Van Drew: Johnson ‘Has Strong Conservative Values’ | video
• IDF Maj. Marcus Sheff: No Justification for Oct. 7 | video
• Matt Whitaker: Trump Legal Cases Won’t Hurt Support | video
• Tenney: GOP Steps ‘Forward’ With Johnson | video
• Diaz-Balart: Conservative Agenda ‘Has Suffered’ | video
• Blaine Holt: ‘Bad Guys’ Race to Act as Biden Remains | video
• Newsfront
• Trump Fined $10,000 for Violating Civil Fraud Case Gag Order
• Donald Trump was fined $10,000 on Wednesday after the judge overseeing his civil fraud trial found that the former U.S. president violated a gag order in the case for a second time. Justice Arthur Engoron last week fined Trump $5,000 after finding that he had not taken down… [Full Story]
• Related Stories
• ACLU Backs Trump’s Free Speech on Judge’s Gag Order
• Trump: Meadows ‘Weak,’ ‘Coward’ if He Took Plea Deal
• Donald Trump suggested Wednesday that Mark Meadows, his former White [Full Story]
• NYC Weighs Tent Shelters to Address Migrant Surge
• New York City officials are discussing whether to provide tents for [Full Story]
• China Calls US ‘Biggest Disruptor of Regional Peace’
• China said the United States is the “biggest disruptor of regional [Full Story]
• Related
• President Xi: China Willing to Cooperate With US
• California Gov. Newsom Meets China’s Xi on Climate Change
• ‘Highly Trained’ Hezbollah a Threat to Troops, US
• Forty years after Hezbollah murdered more than 200 American soldiers [Full Story] | Platinum Article
• Related
• Jared Kushner: Abraham Accords ‘More Important Than Ever’
• Hezbollah, Jihad Leaders Meet, Seek ‘Real Victory’ Over Israel
• Israel: Iran Ordered Attacks by Yemen, Iraq, Lebanon
• AG Moody to Newsmax: Border Terrorist Warning ‘Astounding’ |video
• WH Wants More Than $23B for Natural Disaster Response
• The White House is asking lawmakers for more than $23 billion in [Full Story]
• US Atty: Weiss Could’ve Charged Hunter in Calif.
• A second U.S. attorney has testified to Congress that the prosecutor [Full Story]
• Iowa Evangelicals Prioritize Israel in GOP Caucuses
• Steve Rowland peered beneath the brim of his baseball cap and [Full Story]
• Critical Ukraine Facility Damaged by Russian Drones
• A critical infrastructure facility in western Ukraine’s Khmelnytskiy [Full Story]
• Related
• Russia Tests Ability to Deliver Retaliatory Nuclear Strike
• Russian Parliament Ends Nuclear Test Ban
• Space Force Latest to Press ‘Pause’ on AI Revolution
• While artificial intelligence continues its rapid integration into [Full Story] | Platinum Article
• Wall Street Tumbles Back to Where It Was in May
• Wall Street sank back to where it was in May, pulled down by steep [Full Story]
• NHL Lifts Ban on Rainbow-Colored Pride Tape
• The National Hockey League has lifted its controversial ban on using [Full Story] | video
• Consumer Reports Finds Lead, Cadmium in Chocolate
• Consumer Reports said on Wednesday it had found “concerning” levels [Full Story]
• Bud Light Boycott Calls Reignite in Wake of UFC Deal
• Bud Light has signed a multiyear marketing contract with the Ultimate [Full Story]
• Senate Advances Lew as US Ambassador to Israel
• The U.S. Senate Foreign Relations Committee on Wednesday backed [Full Story]
• Alarm Bells Sound on Slowing EV Demand
• High interest rates are derailing the ambitions of climate regulators [Full Story]
• US New Home Sales Accelerate in September
• Sales of new U.S. single-family homes surged in September, boosted by [Full Story]
• Israel to Delay Gaza Invasion to Allow US Defense Prep
• Israel has agreed to delay the invasion of Gaza for now, so the U.S. [Full Story]
• Bankman-Fried Will Testify at Criminal Trial
• FTX cryptocurrency exchange founder Sam Bankman-Fried plans to [Full Story]
• Pilot Accused of Plane Crash Attempt Battled Depression
• An off-duty airline pilot riding in an extra cockpit seat on a [Full Story]
• 5 Hurricane Otis Hits Mexico’s Acapulco, Weakens
• Hurricane Otis slammed into Mexico’s southern Pacific coast as a [Full Story]
• ACLU Backs Trump’s Free Speech v. Judge’s Gag Order
• The American Civil Liberties Union on Wednesday urged a U.S. judge to [Full Story]
• Boeing Loses $1.6B on Fewer Jets, Air Force One Costs
• Boeing reported a $1.64 billion loss for the third quarter Wednesday [Full Story]
• Saudi’s MBS Commits to Ongoing Israel Normalization Talks
• Saudi Crown Prince Mohammed bin Salman hinted on Tuesday that [Full Story]
• CDC: Shortage of Key Baby Drug Beyfortus Raises Concern
• The Centers for Disease Control and Prevention (CDC) is urging [Full Story]
• Report: Meadows Granted Immunity in Jan. 6 Case
• Former White House Chief of Staff Mark Meadows was granted immunity [Full Story]
• Report: Abortions Increased Since Roe Reversed
• Although the number of legal abortions decreased sharply in states [Full Story]
• Senate Confirms Biden’s Nominee to Lead FAA 98-0
• The Senate voted 98-0 on Tuesday to approve President Joe Biden’s [Full Story] | video
• West Maui to Reopen to Tourism on Nov. 1, Mayor Says
• All of West Maui except for burned-out sections of historic Lahaina [Full Story]
• Bipartisan Bill Aims to Improve Coordination at Border
• Marsha Blackburn, R-Tenn., and Catherine Cortez Masto, D-Nev., [Full Story]
• Cops: Pilot Who Tried to Cut Engines Was Having Breakdown
• An off-duty Alaska Airlines pilot who tried to cut the engines on a [Full Story]
• Amazon Left Scrambling As Shoppers Find out About Secret Deals
• Finance
• Alarm Bells Sound on Slowing EV Demand
• High interest rates are derailing the ambitions of climate regulators and automakers to accelerate the shift to electric vehicles, underscored Wednesday by the scrapping of a GM-Honda partnership and a warning from a battery maker…. [Full Story]
• Meta Posts Sharply Higher Q3 Profit on Ad Revenue
• Southwest, Union for 19K Attendants in Tentative Deal
• Petrobras to Use Carbon Credits for Premium Gasoline
• How to Overcome Scant Savings & Other Money Fears
• Health
• Even A Little Exercise Can Offset a Day of Sitting
• Even a little exercise can counter the harms of sitting all day, a new study suggests. Prolonged sitting raises your odds for an early death, but just 20 to 25 minutes of physical activity a day may offset that risk, researchers found. “If people, for any reason, are…… [Full Story]
• Bipartisan Alliance Leads Push to Reauthorize HIV Initiative
• Common Fungus Linked to Alzheimer’s Disease
• Statin Effective in Severe COVID, Vitamin C Isn’t
• Study: Listening to Favorite Music May Reduce Pain

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APO = Apolo Global Management – bought Inspire Communities

BAM = Brookfield Asset Management – owns and invests in manufactured home communities (MHCs).

BLK = BlackRock – conglomerate has investments in firms and operations involved in manufactured housing.

BRK-A = Berkshire Hathaway – includes outright ownership of Clayton Homes, 21st Mortgage Corp, Vanderbilt Mortgage and Finance, other manufactured home industry linked firms (MHC brokerage, suppliers, etc.).

BX = Blackstone – Blackstone Group LP has made its first big bet on manufactured housing by buying a portfolio of communities sold by Tricon Capital Group Inc.

CDPYF = Canadian Apartment Properties Real Estate Investment Trust – also has manufactured home communities (MHCs).

CIGI = Colliers International Group Inc. – The Manufactured Housing and RV Group “We Assist Owners and Investors with Disposition, Acquisition, and Financing for Manufactured Housing Communities and RV Parks.”

CG = The Carlyle Group – has manufactured home communities investments.

CSGP = CoStar Group – is commercial real estate’s leading provider of information, analytics and online marketplaces. They acquired listing service Homes.com.

CVCO = Cavco Industries – manufactured home and other factory-built housing production, retail, finance, insurance.

ECNCF = ECN Capital Group – includes manufactured home lender Triad Financial Services.

ELS = Equity LifeStyle Properties – includes land lease manufactured home communities (MHCs), but also RV and marine slips holdings. Also has captive manufactured home retail operations, and parent to Datacomp/MHVillage.

FGF = FG Financial Group – FG Communities “Owns and Operates Growing Portfolio of Manufactured Housing Communities.”

KMMPF = Killam Apartment REITs- (includes manufactured home communities (MHCs).

LCII = LCI Industries – components for the manufactured home industry and others (RVs, housing, etc.).

LEGH = Legacy Housing – produces manufactured homes, tiny houses, retail, and captive finance operations.

LPX = Louisiana Pacific Corporation – components for the manufactured home industry and others (housing, etc.).

MHC-UN.TO = Flagship Communities Real Estate Investment Trust (REIT).

MHPC = Manufactured Housing Properties – land lease manufactured home communities (MHCs).

MMI = Marcus and Millichap – commercial real estate brokerage services that include land lease manufactured home communities (MHCs).

NOBH = Nobility Homes – produces and offers captive retail, financing, and insurance services for HUD Code manufactured homes and modular homes.

PATK = Patrick Industries – components for the manufactured home industry and others (RVs, housing, etc.).

SKY = Skyline Champion – produces and offers captive retail, financing, and insurance for HUD Code manufactured homes and modular homes.

SUI = Sun Communities – includes land lease manufactured home communities (MHCs), but also RV and marine slips holdings. Also has captive manufactured home retail operations.

UMH = UMH Properties – includes land lease manufactured home communities and captive manufactured home retail, leasing, and financing operations.

UFPI = UFP Industries – components for the manufactured home industry and others (housing, etc.).

 

• • • NOTE 1: Chart above of manufactured housing connected equities includes the Canadian stock, ECN, which purchased Triad Financial Services, a manufactured home industry finance lender.
    • NOTE 2: Drew changed its name and trading symbol at the end of 2016 to Lippert (LCII).
    • NOTE 3: Deer Valley was largely taken private, say company insiders in a message to MHProNews on 12.15.2020, but there are still some outstanding shares of the stock from the days when it was a publicly traded firm.  Thus, there is still periodic activity on DVLY.
    • Note 4: some recent or related reports to the REITs, stocks, and other equities named above follow in the reports linked below.

2023 …Berkshire Hathaway is the parent company to Clayton Homes, 21^st Mortgage, Vanderbilt Mortgage and other factory-built housing industry suppliers.
· LCI Industries, Patrick, UFPI, and LP each are suppliers to the manufactured housing industry, among others.
· AMG, CG, and TAVFX have investments in manufactured housing related businesses. For insights from third-parties and clients about our publisher, click here.

 

2022 was a tough year for many stocks. Unfortunately, that pattern held true for manufactured home industry (MHVille) connected stocks too. See the facts, linked above.

====================================

Disclosure. MHProNews holds no positions in the stocks in this report.

· For expert manufactured housing business development or other manufactured housing professional services, click here.
· To sign up in seconds for our industry leading emailed headline news updates, click here.

• Note 1: MHVille means manufactured housing industry, MHVille also means artificially smaller manufactured housing (MH) industry,
• Note 2: Manufactured housing, building, factories, retail, dealers, manufactured home, communities, passive mobile home park investing, suppliers, brokers, finance, financial services, macro-markets, manufactured housing stocks, Manufactured Home Communities Real Estate Investment Trusts, MHC REITs.
• Note 3:
  

  APO, Apolo Global Management, BAM, Brookfield Asset Management, BLK, BlackRock, BRK-A, Berkshire Hathaway, BX, Blackstone, CDPYF, Canadian Apartment Properties Real Estate Investment Trust, CIGI, Colliers International Group Inc, CG, The Carlyle Group, CSGP, CoStar Group, CVCO, Cavco Industries, ECNCF, ECN Capital Group, ELS, Equity LifeStyle Properties, FGF, FG Financial Group, FG Communities, KMMPF, Killam Apartment REITs, LCII, LCI Industries, LEGH, Legacy Housing, LPX, Louisiana Pacific Corporation, MHC-UN.TO, Flagship Communities Real Estate Investment Trust (REIT), MHPC, Manufactured Housing Properties, MMI, Marcus and Millichap, NOBH, Nobility Homes, PATK, Patrick Industries, SKY, Skyline Champion, SUI, Sun Communities, UMH, UMH Properties, UFPI, UFP Industries.

That’s a wrap on this installment of “News Through the Lens of Manufactured Homes and Factory-Built Housing” © where “We Provide, You Decide.” © (Affordable housing, manufactured homes, stock, investing, data, metrics, reports, fact-checks, analysis, and commentary. Third-party images or content are provided under fair use guidelines for media.) (See Related Reports, further below. Text/image boxes often are hot-linked to other reports that can be access by clicking on them.)

By L.A. “Tony” Kovach – for MHProNews.
Tony earned a journalism scholarship along with numerous awards in history. There have been several awards, honors and numerous public recognitions for his achievements in manufactured housing. For example, he earned the prestigious Lottinville Award in history from the University of Oklahoma, where he studied history and business management. Kovach is a managing member and co-founder of LifeStyle Factory Homes, LLC, the parent company to MHProNews, and MHLivingNews.com, which is ranked as the runaway most read trade media in modern manufactured housing history. This article reflects the LLC’s and/or the writer’s editorial views and may or may not reflect the views of sponsors or supporters.