Statutory Remedies for Discriminatory Zoning w/Constitutional Remedies Research – ‘MHARR Takes Major Step on Exclusionary Zoning in Meeting with Acting HUD Secretary Adrianne Todman;’ MHMarkets
It has been said that “Winners never quit and quitters never win.” Many conflicts involve multiple battles sometimes fought over the course of years. Conflicts may be on a literal battlefield, or they may involve economic, social, political, spiritual, legal and other forms of battle. For a rather well-known example, the battle over the issue of slavery in the U.S. required decades of struggle before it was finally resolved at great cost in blood and treasure that also included legal steps. The right for women to vote, or what’s known among historians as the women’s suffrage movement, took longer to achieve than the technical end to slavery in America. Those are just two well-known examples for conflicts that required long periods of time and dedication to accomplish their purpose. It was women and men of principle that had a ‘never quit’ mentality that finally achieved the outcome that is currently enjoyed by Blacks, women, and other minority groups in the U.S.A. Those historic examples are useful to frame a clear understanding of the importance of the ‘never quit’ mentality advanced by the members of the Manufactured Housing Association for Regulatory Reform (MHARR) in their long battle with federal officials over discriminatory zoning. The MHARR memo below in Part I refers to “constitutional scholars” who “have recently asserted that discriminatory zoning exclusion also constitutes a government “taking” of private property under the U.S. Constitution, which requires just compensation under the Fifth Amendment.” The latest MHARR memo, which was emailed as well as posted on their website, also refers to two statutory arguments that can be used to overcome zoning discrimination. One of those is the often less well known Affirmatively Further Fair Housing (AFFH) argument that has been made under the federal Fair Housing Act, that MHProNewsand MHLivingNews have periodically reported on for years, and which MHARR has asserted in its years of efforts to battle zoning discrimination against HUD Code manufactured homes. Oddly, MHI has only one result for AFFH on this date, and it is for “members only.”
This report with analysis will make the case that should be self-evident that it is difficult to persuade the public with a legal (or any other) argument that is only shared with members who happen to be searching for it on the MHI website. That is an apt illustration for finding a needle in a haystack among billions of pages online which then requires the additional hoop of membership that only a tiny fragment of the global population would be. That illustration helps frame or “tee up” the issues that ought to be considered by professionals interested in furthering manufactured housing placements and production during a widely agreed upon U.S. affordable housing crisis.
But beyond a constitutional and statutory argument using AFFH, MHARR has arguably more strenuously relied upon the statutory stance that zoning discrimination for HUD Code manufactured homes was supposed to be ended by the enactment of the Manufactured Housing Improvement Act of 2000 (a.k.a.: MHIA, 2000 Reform Act, 2000 Reform Law, etc.). No less a figure than Kevin Clayton (Clayton Homes, owned by Berkshire Hathaway or publicly traded as BRK) for MHI, and John Bostick of Sunshine Homes for MHARR have made the case to members of Congress exploring the implementation of the Manufactured Housing Improvement Act of 2000 have asserted that HUD has only on occasion asserted federal preemption or what is often called “enhanced preemption” under the MHIA. On this date, MHARR has pages of articles on that enhanced preemption topic. The reason for doing is because a single article or post on a given date wasn’t enough to accomplish the goal of battling zoning discrimination against HUD Code manufactured homes by various local jurisdictions. What about MHI? While MHI has used the “enhanced preemption” phrase in certain settings and letters, those documents that refer to “enhanced preemption” do not appear on the public or “members only” side of their website on this date.
How serious can MHI be about advancing an agenda that they claim aims to overcome zoning barriers when key legal arguments and phrases needed to advance that cause are hidden from the public on MHI’s own website? More on this in Part II, including the “recent” argument referenced by MHARR in their meeting on 6.18.2024 with Acting HUD Secretary Adrianne Todman.
Part I
MHARR TAKES MAJOR STEP ON EXCLUSIONARY
ZONING IN MEETING WITH ACTING HUD SECRETARY ADRIANNE TODMAN
Washington, D.C., June 24, 2024 – In a meeting with HUD Acting Secretary Adrianne Todman on June 18, 2024, Manufactured Housing Association for Regulatory Reform (MHARR) President and CEO, Mark Weiss, called for decisive action by HUD to address and remove discriminatory zoning mandates which exclude affordable, mainstream HUD-regulated manufactured housing from many communities and is one of the principal drivers of housing unaffordability and unavailability in the United States. More precisely, discriminatory and exclusionary zoning are one of three major bottlenecks that have suppressed the long-term growth of the manufactured housing industry as well as the availability of mainstream HUD Code manufactured housing for all too many American consumers (the others being consumer financing discrimination by Fannie Mae and Freddie Mac and looming excessive federal energy regulation).
As published reports continue to reflect, the United States faces a severe and chronic shortage of affordable housing, which has reduced the United States’ rate of homeownership and housing affordability to their lowest levels ever. This extreme shortage, which corresponds with unprecedentedly low production numbers for HUD Code manufactured homes (which have fallen below 100,000 homes annually in 15 of the past 17 years) represents a catastrophe for lower and moderate-income families due, in substantial part, to zoning exclusion. As legal scholars have recently emphasized, “Exclusionary zoning severely reduces the housing supply in many jurisdictions, thereby preventing people from moving to areas where they could find better jobs and educational opportunities. It also increases homelessness by pricing poor residents out of the housing market. Exclusionary zoning causes enormous harm.” (Emphasis added).
MHARR was one of the principal proponents of the “enhanced” federal preemption of the Manufactured Housing Improvement Act of 2000 (2000 Reform Law), which gave HUD express authority to preempt any type of state or local “requirement” that interferes with federal (i.e., HUD) superintendence of the manufactured housing industry. In 2003, key congressional supporters of the 2000 Reform Law, including Rep. Barney Frank, Rep. Maxine Waters, and Rep. Bennie Thompson, in a letter to the then-HUD Secretary, made it clear beyond any debate that under the enhanced federal preemption of the 2000 Reform Law, localities cannot unfairly inhibit or prohibit development or placement of manufactured housing. As a result, MHARR has consistently urged HUD to exercise this statutory authority to prevent the discriminatory exclusion of affordable manufactured housing via zoning edicts and reiterated that position in urging bold action in support of manufactured housing and manufactured housing land-lease communities by the Acting Secretary.
Significantly, though, and as MHARR emphasized to the Acting Secretary, enhanced federal preemption under the 2000 Reform Law is just one of the multiple legal bases that HUD could, should and must assert to stop the discriminatory exclusion of affordable mainstream HUD-regulated manufactured housing — and the lower and moderate-income Americans who rely upon them – from far too many communities.
Specifically, and as MHARR has asserted for nearly a decade, HUD’s sweeping authority to Affirmatively Further Fair Housing (AFFH) under the federal Fair Housing Act, provides a separate and additional basis for the Department to invalidate discriminatory local zoning mandates which exclude affordable, mainstream manufactured housing and thereby extend or exacerbate racially disparate housing impacts. In various AFFH proposals issued over that same period, HUD has specifically claimed the authority to overturn zoning edicts that promote discriminatory impacts. MHARR, accordingly, in previously-filed regulatory comments and in its meeting with the Acting Secretary, continues to urge that HUD use the very same authority to override local zoning which discriminatorily excludes HUD-regulated manufactured housing and manufactured housing residents.
Beyond these statutory remedies, constitutional scholars have recently asserted that discriminatory zoning exclusion also constitutes a government “taking” of private property under the U.S. Constitution, which requires just compensation under the Fifth Amendment. Those authors have maintained that “because exclusionary zoning severely restricts property owners’ right to use their land … that … qualifies as … a taking and is unconstitutional unless the government pays compensation. Consistent enforcement of this interpretation would severely constrain exclusionary zoning….”
New HUD guidance and related enforcement action to prevent, to the maximum degree possible, the destructive zoning exclusion of inherently affordable, mainstream HUD Code manufactured homes, could rest on any one or all of these grounds, but is essential to removing one of the principal bottlenecks that has for far too long, suppressed the availability and utilization of such homes, in violation of applicable federal law.
In Washington, D.C., MHARR President/CEO Mark Weiss stated: “With discriminatory and exclusionary zoning causing untold harm to both the domestic manufactured housing industry and American consumers of affordable housing, HUD has, in its toolbox right now, three major bases that it can, should and must use to end this ongoing attack on homes that the Department itself comprehensively regulates and the American families that rely on them, while simultaneously addressing a major part of the housing crisis that currently grips the nation.”
The Manufactured Housing Association for Regulatory Reform is a Washington, D.C.- based national trade association representing the views and interests of independent producers of federally-regulated manufactured housing.
— 30 —
Part II – Additional Information with More MHProNews Analysis and Commentary
Stating the obvious can be clarifying. America is supposed to be a nation of laws. The rule of law is supposed to be a reliable advantage for doing business in the U.S.A. If the rule of law becomes unreliable, then it becomes problematic for individuals, investors, and businesses to risk the time, money, and other resources necessary to provide the public with a product or service. That said, due in part because advocacy or lobbying has become a common feature of American society, perhaps particularly so in the “progressive” era that emerged in the 20th and 21st centuries. Such efforts are constitutionally protected rights of assembly (organize) and petition the government to right wrongs. Or as the First Amendment to the Constitution expressed it: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Google AI’s overview stated: “The right of the people to peacefully assemble and petition their government for a redress of grievances is a First Amendment right guaranteed to be protected by the United States government. The First Amendment also ensures freedom of speech, and the plain text of the amendment does not permit regulations on the time, place, and manner of assemblies” (italics added). According to his seminal book written after his tour of the U.S. in 19th century, Alexis de “Tocqueville believed that associations operating outside the sphere of government and economic life—what we now refer to as civil society—were essential,” per Standford’s SSIR.org (Stanford Social Innovation Review). Associations can be good, but it should be apparent that associations and nonprofits can change and evolve because they are operated by people and funded by those who may have an unstated agenda.
In no particular order of importance but referring to the MHARR memo or media release posted in Part I, the following subjects are worth consideration.
1) On the MHARR site, they made clear that the “recent” constitutional argument made on zoning appeared in the left-leaning Atlantic. But at least on paper, there appears to be a growing consensus from the left and right that zoning is a major hurdle that is a root cause for the affordable housing crisis.
2) To be object and fair, the MHI website has the following article or post dated June 12, 2023. This MHI post is listed under the heading of “advocacy.” The text on that MHI post as of this date (6.25.2024) is as shown below. The highlighting is added by MHProNews and will be explored further below.
Get the Facts on Zoning
Unfair Zoning Laws Can Restrict Manufactured Home Placement
There is an affordable housing crisis in the U.S. and some communities are making a bad situation worse.
There is a growing trend of municipalities trying to use zoning and other land use regulations to restrict or eliminate manufactured housing in their jurisdictions. These actions could reduce the supply of critically-needed affordable housing for working families across the country and may be discriminatory under the Fair Housing Act.
The attempts at cities discriminating against manufactured housing are wide-ranging. Some cities restrict community owners from replacing units when someone moves, others are looking at banning them altogether, and some are segregating them at locations far out from local amenities such as schools, transportation, doctors and jobs.
Local city and county governments use a variety of land use planning devices to restrict the use of manufactured homes as an available source of affordable housing. Interestingly, these devices are often in conflict with the entity’s comprehensive plan. These cases often involve zones within a community where manufactured housing fits the character and ascetics of the zone.
Outright Bans This past year, Huntsville, Texas, passed an outright ban on the placement of manufactured homes in the community, including on private property. This change in the law came despite the presence of manufactured homes and multi-family homes in the community. After an outcry from residents living in manufactured homes, the council overturned the ban.
Lot Size Rural Harrison County, Kentucky is attempting to pass a requirement that manufactured homes may only be placed on lots of 10 acres or more. These types of ordinances are found in other communities and can range from 1 to 10 acres.
Lot size is not just a rural issue. In a community in South Carolina, the Georgetown council required minimum lot size in a zone predominated by older mobile homes whereby the practical effect would be to require the accumulation of several lots to build any new home. As this case involves a zone containing a majority of African American residents, HUD is investigating for possible Fair Housing violations.
Layering of Multiple Ordinances
When a Mississippi Supreme Court decision disallowed Pearl’s method of excluding manufactured housing, the city undertook changes to multiple land use planning devices (density, occupancy, setbacks) which allowed the placement of a home in a land-lease community, but made it illegal for anyone to occupy the home.
Density
Changes to density and setback requirements cause land-lease communities to provide homes on every other lot.
Restriction to Manufactured Home Communities (Parks) only
An affront to private property rights is when a government restricts the placement of manufactured homes to manufactured home parks only. An ordinance in Kentucky like this was passed in London, and following a lawsuit, reversed.
Age
A trend in western states (Kansas and Arizona for instance) is the adoption of ordinances where there is an age restriction on manufactured homes, disallowing the placement of a home more than 5- or 10- years old. These local laws basically place expiration dates on homes and artificially kill resale values.
Non-conforming Uses
The Village of Lodi, Ohio, changed its interpretation of non-conforming use such that when a home would be removed from a land-lease community, the entire park would become a non-conforming use. The Ohio Supreme Court struck down the interpretation.
No Reason Whatsoever
The most frustrating cases come when a city or county denies the placement of a home for no reason whatsoever. In Washington Township, Ohio, it took a court order to force a zoning panel to issue a permit for the replacement of an older manufactured home with a new one.”
3) Several observations and possible takeaways should arise from the MHI zoning post above. For example.
a) Their own post makes it clear that it often required litigation to get a change made. Which begs the question. Why isn’t MHI, perhaps in conjunction with one or more state association, suing to overcome such barriers? More on that further below.
b) No where in the above is the Manufactured Housing Improvement Act of 2000 mentioned. No where is “enhanced preemption” mentioned in the above. A search for “Manufactured Housing Improvement Act” on the MHI website oddly reveals “members only” articles, but why aren’t publicly available articles visible on this key subject for advancing manufactured housing placements? Why does MHI raise such subjects in emails or other documents that might be found by members, but then fail to post them in a publicly accessible fashion on their own website? MHI’s home page for months has said:
Grow your business
Get the tools, platform and information you need”
But especially smaller firms count on a trade association to make their arguments on their behalf. Even if they have something hidden behind a login for members only, that is arguably not fulling their other home page claim.
If someone can’t buy a manufactured home because of zoning barriers, and MHI fails to properly make – or as illustrated, even show – the issues that could overcome zoning and other barriers, clearly MHI is failing in its own claims. That contradicts the heart of their pitch to new or potential members, which means it could be a deceptive trade practice and involved other possible violations of the federal (or state) laws.
c) MHI mentions Fair Housing in that zoning post, but didn’t use the legally precise terminology of Affirmatively Further Fair Housing (AFFH). Again, that’s not a mere oversight, that goes to the heart of the legal arguments that MHARR made in Part I, but has done so numerous times. Clearly, MHI is aware of the issue. But by being aware, which is part of their duty to members, they are also duty bound to advocate as effectively as possible. Clearly, that is not occurring. The illustration below was linked further above.
d) MHProNews and MHLivingNews are not trade groups, but we are pro-industry and support honest, ethical, organic, and sustainable growth for manufactured housing. We have numerous articles on these subjects. MHARR has numbers of pages of articles available to the public on
e) So, the MHI “zoning” article – properly unpacked and clearly understood – appears to be posturing and paltering. MHI has left out key information that might make that lonely post on zoning somewhat more effective. By highlighting that legal action has helped, MHI has also inadvertently perhaps pointed multiple proverbial fingers at themselves. Because MHProNews has periodically highlighted how tiny house, mobile or manufactured homes, and other battles have been waged in court; only not by MHI in recent years.
4) It should be noted that, per a source linked to MHI that provided the following, this next document used to be available on the MHI website. It was provided to MHProNews.
Per the source that provided it, the base document used to be on MHI’s website. MHProNews added the callout boxes, arrows and underlining, our logos, etc.
The above was prior to this writer’s direct involvement with MHI, but it clearly appears to indicate that a checklist was previously used by MHI to track the implementation of the Manufactured Housing Improvement Act of 2000 (MHIA, 2000 Reform Act, 2000 Reform Law). To the degree that is accurate, that is common sense and laudable. But in the wake of what is revealed in the preface above, what MHARR has produced in Part I, and the information found here in Part II, that same document now stands as a silent indictment of MHI’s failure to properly follow through on “enhanced preemption” and other potentially useful provisions of the 2000 Reform Law.
5) In hindsight, certainly by the time that the now late Sam Zell made the quoted remark shown below, there were apparently already consolidation focused firms using MHI for their own purposes that were operating in an oligopoly fashion. Zell was the chair of Equity LifeStyle Properties (ELS). ELS began a process of acquiring and managing choice land lease manufactured home communities (MHCs).
Note: depending on your browser or device, many images in this report and others on MHProNews can be clicked to expand. Click the image and follow the prompts. For example, in some browsers/devices you click the image and select ‘open in a new window.’ After clicking that selection you click the image in the open window to expand the image to a larger size. To return to this page, use your back key, escape or follow the prompts.
In several devices the images that follow can be opened to a larger size. Generally, you can click the image and follow the prompts to expand the image.
7) The significance of this is illustrated by these following insights.
Per Stanford University: “The use of [precise] language is crucial to any legal system…”
According to Quora: “Lawyers are taught to be precise and using “jargon” is often a better way to accomplish that.”
The JSTOR legal site says: “Legal language claims to seek precision. It also aims for clarity.”
It would therefore be association malpractice not to recognize the importance of precise language and to use that language routinely in their communications. Yet, MHI has produced a “priorities” document that fails to use key language that MHI worked with MHARR to enact. Additionally, as their “Get the Facts on Zoning” post cited in #2 above revealed, that item also fails to use critically important terminology or “jargon” that would be precise and useful for the goal of increasing manufactured housing production.
According to Law Professors: “A basic principle taught in law school is that intent can be inferred from the circumstances.”
Cornell’s Legal Information Institute (LII) says: “The concept of intent is often the focal point of Criminal Law and is generally shown by circumstantial evidence such as the acts or knowledge of the defendant.”
MHI senior staff and board members have duties to all of their members. As MHProNews has probed several times, MHI has made statements on their website, and in their IRS Form 990s that claim that they are working to expand the manufactured housing market. It is certainly reasonable to infer that when MHI leaders decided to work with MHARR to enact the MHIA and its important “enhanced preemption” provision, that at that point in time, they apparently sought to advance that cause. However, since then, changes among influential if not dominating MHI members seem to reflect by their behavior that they do not want enhanced preemption enforced at this time. But if MHI openly said that they were thwarting their own industry’s growth, arguably some if not many of their smaller members might not opt to pay dues if they were working for industry consolidation rather than organic industry growth. But beyond debate is their own remarks in their 990s.
In several devices the images that follow can be opened to a larger size. Generally, you can click the image and follow the prompts to expand the image.
This may be one of the most important documents to federal investigators or others who are probing manufactured housing’s historic underperformance in the 21st century.
8) It should be recalled that MHARR worked tirelessly, and successfully, previously to stop the DOE energy rule that documents revealed that MHI was working behind the scenes to advance. One possible takeaway is that if MHI were earnestly working with MHARR to get vexing legislation reigned in, or positive legislation enforced, the obvious path to do so would be for MHI and their state affiliates to turn to MHARR and join forces. It will be recalled that MHARR offered during the Trump Administration to join forces to pick a case to litigate, all the way to the Supreme Court if necessary. Per MHARR, there were no takers. Per Copilot, there is no evidence that MHI has attempted to litigate the matter, with or without MHARR.
9) MHI’s CEO Lesli Gooch, Ph.D., inexplicably made statements so problematic that MHARR’s President and CEO, an attorney who grasps the importance of precise language, called Gooch’s remarks inexcusable and a major problem.
10) MHProNews has recently published a more detailed report in a “Friday Follies” installment, that per sources deemed reliable, has been reviewed by multiple MHI board members, besides others involved at MHI. Despite the public spanking, MHI has not directly responded.
11) The pull quote shown below the next illustration by Bing’s AI powered Copilot simplified the matter. If MHI is serious about expanding the industry’s production as it has claimed for years, then they should be pressing for enforcement of existing laws. But MHI’s own policies priorities, and its own zoning barriers post (see those above), each fail to mention the key legal provisions that could remove those barriers if they were being properly enforced by HUD. MHARR, see their remarks in Part I above, has laid out the case in person for HUD’s Todman. MHI had Todman and others at the Innovative Housing Showcase (IHS). But there is no known evidence that they pressed her on these topics, in anything like the manner that MHARR’s Weiss reportedly did on 6.18.2024.
“If MHI is genuinely committed to advancing the industry, consistent advocacy for existing laws should be a priority,” said Copilot on 5.1.2024. On that same date, Copilot said: “Prioritizing enforcement of existing laws can have a more immediate impact on affordability and access to manufactured housing.”
12) There is what Copilot called an “Orwellian” like behavior at work at MHI, where information that they email is routinely not found on their own website. Information previously found on their website, if it becomes inconvenient, vanishes from the public side of their website. MHI came out publicly in favor of a Democratic housing plan that fails to mention the MHIA and “enhanced preemption.” Let’s note that this remark isn’t partisan. If Republicans had come out with the same plan and it failed to mention enhanced preemption and the MHIA, it should also be denounced.
13) Congress passed the MHIA with its enhanced preemption provision with a widely bipartisan margin. Perhaps one of the better arguments on the subject is found in the document that MHARR cited in Part I, which is linked here.
Following legal research and in an extensively footnoted report, consumer advocate and antitrust researcher Samuel “Sam” Strommen ripped MHI and its insider brands as follows. MHI leaders and attorneys have declined direct comment.
14) MHARR’s document cited zoning research, which MHProNews has reportedly on repeatedly. Among them was the reports by nonprofits and attorneys that directly or indirectly slammed MHI’s lack of effective advocacy.
15) Strommen, who has no known axe to grind with MHI or their associated insider brands, said that the evidence he reviewed indicated “felony” antitrust violations. MHARR appears less interested in seeing people go to prison than they are in getting MHI and their insider brands to earnestly seek enforcement of laws that if properly enforced would arguably cause a surge of new manufactured housing production. As MHProNews has reported periodically for years, the Accessory Dwelling Unit statewide preemption (ADU) experience in California suggests that manufactured housing could surge to record levels following preemption enforcement.
16) Here is some key math for grasping the underlying causes of the affordable housing crisis. 373,143 x 26 = 9,701,718. That 9,701,718 represents how many new HUD Code manufactured homes would have been produced had the industry continued to produce homes at the same pace as was produced in 1998.
In several devices the image that follows can be opened to a larger size. Generally, you can click the image and follow the prompts to expand the image.
There is an evidence-based case to be made that Cavco has ironically helped provide the ammo for antitrust pros to go after their firm and several others associated with the Manufactured Housing Institute. Their reasons to invest are also apparent proof of their own failures to successfully tap into the very opportunities that they illustrated with these factually supported claims. The base image above is from the Cavco Industries (CVCO) November 2023 Investor Relations ‘pitch deck’ or IR presentation. MHProNews periodically uses a satirical logo based on the MHI logo that proclaims: “Proud Member of Machiavellian Housing Institute” (i.e.: Manufactured Housing Institute or MHI) with its modified MHI tag line: “The National Association Serving Consolidators of the Manufactured Housing Industry.” Cavco Industries is indeed a “proud” MHI member. Call out boxes and arrows are added by MHProNews as part of this fact check and analysis. See detailed report and context here: https://www.manufacturedhomepronews.com/q3-2024-cavco-industries-inc-earnings-call-illustrates-benjamin-franklin-gates-quote-if-theres-something-wrong-those-who-have-the-ability-to-take-action-have-the-responsibility-to-take-action/
Year
Manufactured Home Production
1998
373,143
1999
348,075
2000
250,366
2001
193,120
2002
165,489
2003
130,815
2004
130,748
2005
146,881
2006
117,373
2007
95,752
2008
81,457
2009
49,683
2010
50,056
2011
51,618
2012
54,881
2013
60,228
2014
64,334
2015
70,544
2016
81,136
2017
92,902
2018
96,555
2019
94,615
2020
94,390
2021
105,772
2022
112,882
2023
89,169
3,201,984
Take that 9,701,718 – 3,201,984 = 6,499,734. That 9.7 million homes that could have been produced in 26 years – given the 1998 pace having hypothetically held annually – vs. the 3.2 million homes that were actually produced reveals a deficit or difference of about 6.5 million homes. While an argument can be made, as MHARR has done, and that Minneapolis Fed senior economist James Schmitz et al have argued, that there are multiple parties that have a hand in that disparity, certainly MHI appears to be part of that puzzling and problematic pattern. MHARR has repeatedly said so.
That simply math: 9,701,718 – 3,201,984 = 6,499,734, was part of our report linked here and further above.
17) While some of what follows is duplicative of the above, it also pulls together direct evidence of just how apparently corrupt MHI’s behavior has been for years. MHI leaders know the laws, as they should, and yet they fail to take the steps necessary to make the laws that would boost manufactured housing production. Thwarting more production and the development of more communities is deemed by some key MHI members as a strategic advantage. Those MHI member firms have said so in their own investor relations pitches, so it isn’t a matter of speculation. The sampling of quotes and screen captures below reflects the essence of the purported scam to limit the industry from within in order to foster industry consolidation, all while posturing efforts that they should know will never achieve their stated objectives. It is as MHARR called it a “shell game” and an “illusion of motion.” These are therefore apparently more evidence of what Strommen has alleged in his extensively footnoted antitrust research. Because MHI knows these laws and facts, the logical move would have been to have filed suit years ago. But approaching 2 dozen years since the MHIA was enacted, there is still no sign of any litigation by MHI. Meanwhile, consolidation has advanced on a steady basis.
18) There is more to know, but much of that can be found by carefully reading the linked reports and following cross-linked information. Particularly in recent years, data from the main server on MHProNews’ website as reported by Webalizer has said that visitors here routinely visit multiple pages on every visit. The pageviews per visit on MHProNews dwarf our competitors and are higher than what Similar Web reports for mainstream websites such as CNN or Fox. So, while Fox and CNN are obviously larger and have more traffic, the pages per visit here are higher than those larger sites. The reason that matters is this. The evidence indicates that our visitors read more, longer, and then dig into linked and related articles too.
In response to an inquiry from MHProNews, Mark Weiss, J.D., President and CEO of MHARR said the following.
“Precision and accuracy in language is crucial in the law and in advocacy. Ambiguity and inaccuracy in wording can easily be exploited by opponents to the great disadvantage of a comprehensively regulated industry such as manufactured housing.”
Facts matter. While facts can be obscured by tactics such as paltering, posturing, various kinds of deceptions and propaganda, evidence can prevail. It took years for some major scams to finally be revealed and prosecuted. The day may come when MHI’s apparent scam is also prosecuted. Until that day, MHProNews plans to continue to report on industry events and developments, with a keen eye on the behind-the-scenes matters that keep the most proven solution for the affordable housing crisis underperforming during the 21st century.
Part III – Our Daily Business News on MHProNews stock market recap which features our business-daily at-a-glance update of over 2 dozen manufactured housing industry stocks.
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.
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