According to the Department of Energy (DOE) press release provided herein in Part I of this report: “DOE Issues a Notice of Proposed Rulemaking and Request for Comment Pertaining to Enforcement of Manufactured Housing Energy Standards.” Also included in this report is media release from the Manufactured Housing Association for Regulatory Reform (MHARR), which is their reaction to the DOE statements – that is provided in Part II. Among the remarks from MHARR is that the DOE proposed plan is “Stunning and Unworkable” which falls under the MHARR headline “DOE’s Extreme Energy Enforcement Regulations Would Destroy Affordable Manufactured Homes.” Is that statement ‘would destroy “affordable manufactured homes” headline hyperbole by MHARR or serious? We have that topic covered as well in Part III of this report with additional facts and analysis. Part IV of today’s report are insights into the latest on manufactured housing linked equities and our mainstream news ‘left-right’ headlines in review.
Part I – DOE Issues a Notice of Proposed Rulemaking and Request for Comment Pertaining to Enforcement of Manufactured Housing Energy Standards
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Part II From MHARR to Manufactured Home Industry and Other Interested Parties
DECEMBER 12, 2023
TO: HUD CODE MANUFACTURED HOUSING INDUSTRY MEMBERS AND CONSUMERS
FROM: MHARR
RE: DOE’S EXTREME ENERGY ENFORCEMENT REGULATIONS WOULD DESTROY AFFORDABLE MANUFACTURED HOMES
At a time when the entire nation and governments at all levels are desperately seeking to find ways and means to provide affordable housing for American homebuyers, the U.S Department of Energy (DOE) — in keeping with its consistent track record of extremism and bad faith with respect to manufactured housing energy regulation – has just published a stunning and unworkable energy enforcement regulation that would undermine and destroy today’s most affordable unsubsidized manufactured homes.
DOE, under the Energy Independence and Security Act of 2007 (EISA), has proposed enforcement and compliance procedures for its previously-published federal manufactured housing energy standards that would establish a high-cost de facto “star chamber” system for the enforcement of those standards. This system, moreover, would be separate from – and in addition to – HUD’s already existing enforcement system for the Part 3280 Federal Manufactured Housing Construction and Safety Standards (FMHCSS).
Under the pre-publication enforcement notice issued by DOE on December 8, 2023 (see, copy attached) manufacturers would have the burden to affirmatively prove compliance with the pending final DOE standards upon any inquiry by DOE, subject to extreme civil penalties based upon the purported number of violations in each home produced by the manufacturer, with no cap or limit. This would appear, on initial review, to turn the standard burden of establishing an alleged violation on its head, with manufacturers being required to prove a negative – i.e. a non-violation – instead of DOE being required to prove and establish (at least initially) a claimed violation based upon some level or standard of proof, such as a preponderance of the evidence.
In addition to the fundamental unfairness of this proposed process – and its destruction of the constitutional due process rights of manufacturers – DOE, as anticipated and predicted by MHARR, also maintains, unbelievably, that it would entail little or no additional regulatory compliance costs for manufacturers. As a result, the pre-publication notice contains no analysis whatsoever of the cost-benefit parameters of the proposed enforcement regulations, either in isolation or in conjunction with the substantive energy standards already adopted. As such, the proposed rule, as a whole, fundamentally fails the most basic test and essential requirement for federal regulation – that the benefits of any regulation exceed its expected costs.
This enforcement rule must now be stopped by addressing it in the Manufactured Housing Institute’s (MHI) pending federal litigation concerning the DOE energy standards. It bears reiterating, though, that the industry could have avoided this entire energy fiasco if only MHI had not “gone along to get along” when this issue initially surfaced. Unfortunately, though, MHI did go along at crucial junctures and now has a responsibility to the industry and consumers to take every necessary and proper action to stop this destructive regulation.
MHARR will continue to closely monitor this proceeding and inform the industry and consumers accordingly. Further, MHARR will submit responsive comments in advance of the filing deadline which will be made available to all industry members, and encourages all industry members and consumers to submit comments opposing this destructive rule. The deadline for comments will be sixty (60) days following formal publication of the proposed enforcement regulations in the Federal Register.
Attachment [MHProNews note: see Part I, above]
Manufactured Housing Association for Regulatory Reform (MHARR)
1331 Pennsylvania Ave N.W., Suite 512
Washington D.C. 20004
Phone: 202/783-4087
Fax: 202/783-4075
Email: MHARRDG@AOL.COM
Website: www.manufacturedhousingassociation.org
Part III – Additional Information with More MHProNews Analysis and Commentary
There were certain aspects of the above that could be subject to interpretation. So, MHProNews did a follow up with an informed source at Washington, D.C. based MHARR with the following follow up inquiries.
MHARR: “The DOE standards will unnecessary and substantially undermine the affordability [of HUD Code manufactured homes], thereby discriminatorily negating their price affordability up front for lower and moderate-income buyers.”
MHARR: “Whether they would have to amend is uncertain. The terms of the current complaint could already be broad enough to encompass the regulatory enforcement element as well. In either case, though, does failure to account for further regulatory costs is a separate sufficient basis to overturn the entire rule.”
What About the Manufactured Housing Institute (MHI) on this topic?
On 12.12.2023 MHI sent out an email that pitched their next ‘enter for a fee’ event, which is months away. There was no mention of the DOE press release at all. Nor was there a mention of the memo in the MHI 12.6.2023 email, as that came out prior to the DOE email. Is the indicative of a cavalier attitude toward the issue?
Recall that the MHI-TMHA attorneys in the case said that the DOE standards could cause “irreparable harm.” That “irreparable harm” claim suggests that MHARR’s concerns are not hyperbole.
It should be recalled that per MHARR, and supported by documents obtained from the DOE by MHProNews which cited MHI and other ‘energy advocacy’ groups, that this current DOE issue exists in good measure because MHI previously fostered the advance of the DOE energy rule. Meaning, the MHI-TMHA lawsuit which aimed to stop a process that MHI oddly helped advance in prior years. As the reports that follow help document, the evidence suggests that MHI efforts along side energy advocacy groups does not appears to have been disclosed to MHI members. When MHI corporate and senior staff leaders – along with their attorneys – were asked by MHProNews to react recently to such reports. Days have gone by, and MHI leaders and attorneys once more declined to respond or directly weigh in. So, the evidence in the reports that follow remain directly unchallenged by MHI at this time.
It should also be noted that funding for the lawsuit that was used to press the DOE into issuing an energy rule was de facto supported with Buffett-bucks, per the sources cited in the report linked below.
Partly with the above items in mind, and in order to shed additional light for new and longer-term readers of MHProNews on these issues, the following search inquiry was put to Bing AI, to help establish as balanced (from MHI’s viewpoint” a defense to MHARR’s and other allegations as possible. Here was the inquiry to Bing AI circa 3:26 AM on 12.13.2023. Bing AI’s response to that search inquiry follows.
> “There is a long running controversy in manufactured housing about the Manufactured Housing Institute’s role in fostering the DOE manufactured housing energy rule process. The Manufactured Housing Association for Regulatory Reform (MHARR) has used documents filed with the DOE that include the Manufactured Housing Institute and other advocacy groups of working together to get the manufactured housing rule currently pending into place. Are you able to find any evidence from the Manufactured Housing Institute website or elsewhere that contradicts MHARR’s assertions, because I can’t find any formal reaction by MHI to MHARR’s evidence-based allegations.”
I understand that you are looking for evidence that contradicts MHARR’s allegations about the Manufactured Housing Institute’s role in fostering the DOE manufactured housing energy rule process. I searched the web and found a few relevant results.
Firstly, the Department of Energy (DOE) has launched the Manufactured Housing Energy Efficiency and Affordability Initiative to improve access to energy-efficient manufactured homes across the United States by creating lower cost financing options for chattel loans 1. The Manufactured Housing Institute (MHI) has been extensively engaging with the White House, the Department of Energy, HUD, and Congress about the DOE proposal, and MHI submitted a detailed proposal that achieves the statutory objectives of EISA of properly balancing energy efficiency and homeownership affordability 2.
Secondly, I found a statement by MHARR that rebukes the comments made by MHI in federal response. MHARR filed supplemental comments with the U.S. Department of Energy (DOE) in its rulemaking docket for a Draft Environmental Impact Statement (EIS) concerning proposed manufactured housing “energy conservation” standards. MHARR’s supplemental comments copy attached, filed on March 4, 2022, correct and clarify inaccurate and presumptive characterizations contained in a so-called “Industry Proposal for Energy Efficiency Standards for Manufactured Housing,” attached as an “Appendix” to last-minute comments filed in the same rulemaking docket by the Manufactured Housing Institute (MHI). In relevant part, “Appendix I” to MHI’s comments states that “MHI and the industry …” developed an “alternative manufactured housing energy standard” as set forth in the Appendix, “to provide a concrete example showing how a judicious increase in energy requirements can result in substantially improved energy efficiency and greater affordability.” (Emphasis added). MHARR’s supplemental comments strongly object to any characterization of the MHI proposal as an “industry” initiative. First, MHI does not represent the entire manufactured housing “industry.” Any characterization of the MHI “alternative” standards proposal as an “industry” proposal, therefore, is false and misleading. Second, as MHARR’s initial comments in the Draft EIS rulemaking and in the preceding DOE manufactured housing energy standards rulemaking show, mainstream, modern HUD Code manufactured homes are already energy efficient, with average monthly energy costs below those of site-built homes for all tracked energy types. There is no basis, rationale, or need, accordingly, for an “increase” in manufactured housing energy requirements — “judicious” or otherwise – and no representative of any part of the industry should state, suggest, or imply otherwise, particularly when DOE’s energy proposal fails to meet the statutory criteria of both the Energy Independence and Security Act of 2007 or the Manufactured Housing Improvement Act of 2000 3.
I hope this information helps.
To unpack those responses and insights from Bing AI above, let’s note the following. Bing AI:
- Gave as part of its response information from the DOE itself. That’s obviously useful for context and fairness. Part of that information from DOE, found at the page linked above in Bing AI’s response and at this link here, said this: “DOE and NASEO will collaborate with the participating states to share best practices and develop strategies and mechanisms for making financing and ownership of energy-efficient manufactured homes more affordable and accessible.” Per the DOE website’s linked article NASEO means: The National Association of State Energy Officials (NASEO). In essence, the DOE’s post on their own website is tacitly admitting that manufactured homes would cost more if their energy rule went into effect, and the DOE along with NASEO are trying to find ways to offset those higher costs through lower cost manufactured home financing options.
To clarify the meaning and impact on manufactured housing costs and affordability, MHProNews posed the following follow up to Bing AI.
> “Interesting. Thanks. Okay, from the DOE page that you linked there is this statement. “DOE, working in collaboration with NASEO, will engage state energy offices and other partners, provide technical assistance and guidance, facilitate outreach to lenders and other federal agencies, coordinate engagement of external stakeholders, and develop replicable state policy and program models to ensure access to affordable, efficient, manufactured homes nationwide.” Is it accurate to say that the DOE’s article tacitly acknowledges that manufactured housing costs would go up as a result of their proposed rule, which the Manufactured Housing Institute and the Manufactured Housing Association for Regulatory Reform (MHARR) also pointed out in their respective remarks, correct? But that page on the DOE website is in essence an effort to develop lending that doesn’t currently exist, or else there would be need for “outreach to lenders and other federal agencies.” That is an accurate assessment, correct?”
Regarding the DOE’s efforts to develop lending that doesn’t currently exist, the DOE’s Manufactured Housing Energy Efficiency and Affordability Initiative aims to improve access to energy-efficient manufactured homes across the United States by creating lower cost financing options for chattel loans 4. The DOE, working in collaboration with NASEO, will engage state energy offices and other partners, provide technical assistance and guidance, facilitate outreach to lenders and other federal agencies, coordinate engagement of external stakeholders, and develop replicable state policy and program models to ensure access to affordable, efficient, manufactured homes nationwide 4. Therefore, it is an accurate assessment that the DOE’s page is an effort to develop lending that doesn’t currently exist.
To further clarify the record, here is this follow up to Bing AI on the DOE and NASEO effort to lower lending costs. As a housekeeping item, let’s note that Bing AI referred to itself this morning as Bing Co-Pilot.
> “Useful again, thanks. Quoting your reply in 2 of 30, “Therefore, it is an accurate assessment that the DOE’s page is an effort to develop lending that doesn’t currently exist.” Search the web and based on my experience you will find that there have been efforts for much of the 21st century to get lower cost chattel financing for HUD Code manufactured homes, isn’t that true? So, while DOE and NASEO may try to facilitate a solution for lower cost chattel lending for manufactured homes, there are obviously no guarantees of success, given that on paper the Manufactured Housing Institute, the Manufactured Housing Association for Regulatory Reform (MHARR), and others have been working for such lower cost chattel lending for much of the 21st century, correct?”
However, as you pointed out, there are no guarantees of success, and the DOE’s efforts to develop lending that doesn’t currently exist may or may not be successful. The Manufactured Housing Institute (MHI), the Manufactured Housing Association for Regulatory Reform (MHARR), and others have been working for such lower cost chattel lending for much of the 21st century 23.
I hope this information helps.
2. That DOE and NASEO efforts are on a DOE page that referenced the ” just published Energy in Modular Methods [EMOD]: A Guide to Design for Energy Efficiency in Industrialized Construction of Factory Built Buildings.
A search of that website indicates that was published on 6.30.2022. Some about 18 months after the DOE-NASEO efforts to get lower cost lending options for HUD Code manufactured homes, there is no known progress on that DOE ‘effort.’
> “Useful. Per the DOE website you linked (#1 in 2 of 30) there is no date on that page. But there is a reference to EMOD which the DOE post said was just published. That EMOD document appears to have been published around 6.30.2022, per a www.nrel.gov website search. If you can get a more exact date for the DOE page date (#1 in 2 of 30), let me know. But it is my impression that there has been no announced progress by the DOE or NASEO in getting lower cost chattel manufactured home lending, is that accurate? Can you find any announcements by DOE, NASEO, or anyone else on that point?”
3. To save some space and time, the essence of the reply by Bing AI/Bing CoPilot included the following.
Regarding your question about whether there has been any progress by the DOE or NASEO in getting lower cost chattel manufactured home lending, I searched the web and found no recent announcements by the DOE, NASEO, or anyone else on that point…”
4. So, in the face of significantly higher costs for new HUD Code manufactured homes if these energy standards go into effect, the DOE offers an apparent fig leaf as cover. That fig leaf, 18 months later, is still more unfulfilled promise – an illusion – rather than a reality. This information-insight thread should be mentally highlighted by readers who may too quickly ‘trust’ or believe that something that the government is offering will necessarily occur. Big announcements are often followed by…little or no progress. Indeed, since that 6.30.2022 date, manufactured housing production has dramatically declined. If there is a need for evidence of what Biden era policies at the DOE, HUD, FHFA or other agencies are doing to/for manufactured housing, there is no more evidence needed than the actual data. Production is down, and sharply so. The latest data is linked below. MHI’s 2.6.2023 email on that mentions that same data is linked here.
5. This next follow up to Bing AI/Bing CoPilot will begin to reveal the seemingly Orwellian memory hole nature of Manufactured Housing Institute (MHI) emailed remarks vs. available information on their own website.
> “It is 12.13.2023. On this date a search of the Manufactured Housing Institute website using their site search tool for “DOE Energy Rule” finds no publicly available information. They have only member only items, is that correct? So, when you previously cited Manufactured Home Pro News for Manufactured Housing Institute remarks, is it due in part because the Manufactured Housing Institute themselves have no publicly available information on the DOE topic on this date? Their remarks are found instead on MHProNews?”
Regarding my previous response, I cited Manufactured Home Pro News for Manufactured Housing Institute remarks because it was one of the few sources that had information on the topic. It is possible that the Manufactured Housing Institute themselves have no publicly available information on the DOE topic on this date, and their remarks are found instead on MHProNews.
I hope this information helps.
6. Let’s sum up to this point. Bing AI/Bing CoPilot can’t find publicly available remarks by MHI on their own website. Cited instead are MHProNews (ManufacturedHomeProNews.com) and/or MHARR. Per Bing AI: “I cited Manufactured Home Pro News for Manufactured Housing Institute remarks because it was one of the few sources that had information on the topic.”
Note that thus far in this Q&A thread, there is no mention of MHI material on MHI friendly blogs and/or trade publications either. It is almost as if MHI’s emailed remarks and documents, other than as referenced by MHProNews or MHARR, are hidden behind MHI’s member-only paywall. Longtime readers of this publication may recall the statement by an MHI member to MHProNews that MHI has become ‘almost like a secret society.’ That “secret society” impression seems to be more fostered now since MHI launched their late summer of 2023 revision of their website. Information previously available to the public is often now missing. A deep dive into such MHI connected concerns and issues is found here. MHI leaders and attorneys declined to respond to the allegations in that linked report and analysis.
7. During a time when the affordable housing crisis is raging, investors have reportedly ‘ponied up’ some $2 billion dollars to fund factory-built housing startups, per Crunchbase. Can you find where Crunchbase mentions MHI, despite their protestations that they serve all segments of factory built housing?
8. Crunchbase’s research didn’t mention this U.S. plant found in our report below, which alone is said to be $750 million dollars being invested by the European factory-based home builder Admares.
9. To save reader time, Bing AI was asked to search those articles and the web to see if a different (obviously higher) estimate is available. Per Bing AI/Bing CoPilot: “I could not find an estimate online of the total investments into affordable housing that includes the details Crunchbase reported as well as the Admares and other possible factory or 3D housing based industrialized housing efforts in the last two or three years.” For simplicities sake, adding those two estimates and rounding up from facts and information found in those two reports linked above, perhaps $3 billion dollars has been invested in alternatives to HUD Code manufactured homes that are U.S. startups.
10. Be it $2.7 billion, $3 billion dollars, or more, the known data on this date reflects that affordable housing is obviously an area of interest to investors. There is also a growing sentiment, per recent research, that indicates a bipartisan consensus for YIMBY policies over NIMBY policies. Yet, MHI – which continues to claim to represent “all segments” of manufactured housing, and other factory-built housing too, doesn’t even mention YIMBY or NIMBY on their website?
11. Let’s review again. MHARR has made evidence-based allegations against MHI with respect to the evolution of this DOE energy rule issue. MHARR’s contention, and MHProNews/MHLivingNews reporting on these topics are publicly unchallenged by MHI. During an affordable housing crisis, despite MHI pointing to Biden White House claims of support for manufactured housing, the production of new HUD Code manufactured homes is down dramatically. MHI’s then vice-chairman and now current chairman admitted as much in testimony to Congress on 7.14.2023.
12. But perhaps the most important part of the remarks by Boor are also not found on the MHI website. They have to do with federal “enhanced preemption” under the Manufactured Housing Improvement Act of 2000 (MHIA).
13. The next two Q&A with Bing AI/Bing CoPilot further illustrate the problems facing growth minded manufactured housing professionals, investors, and affordable housing seekers.
> “It is apparent that the Manufactured Housing Institute is aware of federal enhanced preemption under the Manufactured Housing Improvement Act of 2000. William Bill Boor, Cavco CEO and now the chairman of the board for the Manufactured Housing Institute made remarks last summer on 7.14.2023 that referred to federal enhanced preemption. https://www.manufacturedhomelivingnews.com/double-digit-2023-manufactured-home-production-slide-continues-per-national-manufactured-housing-association-more-new-manufactured-home-living-facts/ The Manufactured Housing Institute has filed suit over the DOE energy rules, in litigation done in conjuction with the Texas Manufacturd Housing Association, correct? Can you find any evidence that the Manufactured Housing Institute – alone or in tandem with others – has sued to get enforcement of the Manufactured Housing Improvement Act of 2000 and its enhanced preemption provision? Or can you find an evidence that the Manufactured Housing Institute has sued to get the 10/10 rule for FHA Title I lending lifted? Or can you find any evidence that the Manufactured Housing Institute has sued to get the Duty to Serve chattel lending for manufactured housing mandated by Congress for Fannie Mae and Freddie Mac – which are under the regulatory authority of the Federal Housing Finance Agency (FHFA) enforced?”
Regarding the Manufactured Housing Institute’s lawsuit, I found a report by Manufactured Home Pro News that states that the Manufactured Housing Institute (MHI) and the Texas Manufactured Housing Association (TMHA) have filed a court action against the DOE final rule in the U.S. District Court for the Western District of Texas 2. The pending lawsuit, filed on February 14, 2023, seeks to stay implementation of the DOE final rule and other related relief 3.
I could not find any evidence that the Manufactured Housing Institute – alone or in tandem with others – has sued to get enforcement of the Manufactured Housing Improvement Act of 2000 and its enhanced preemption provision.
Regarding the 10/10 rule for FHA Title I lending, I found a report by Manufactured Home Pro News that states that following an MHARR meeting with senior Government National Mortgage Association (Ginnie Mae) officials on February 10, 2022, Ginnie Mae has issued a Request for Input (RFI) seeking comments from interested parties with respect to the revitalization of the Title I program and changes to “issuer eligibility requirements” (i.e., the 10-10 criteria) 4.
Regarding the Duty to Serve chattel lending for manufactured housing mandated by Congress for Fannie Mae and Freddie Mac, I found a report by Manufactured Housing Association for Regulatory Reform (MHARR) that states that MHARR, at a February 4, 2020 meeting with Federal Housing Finance Agency (FHFA) Director Mark Calabria and other senior officials, called for an end to more than a decade of delays, diversions, outright defiance and other false starts that have left the vast bulk of the mainstream HUD Code manufactured housing consumer finance market completely unserved by both Fannie Mae and Freddie Mac, notwithstanding the congressional mandate of the Duty to Serve Underserved Markets (DTS) provision of the Housing and Economic Recovery Act of 2008 (HERA) 5.
I hope this information helps.
Learn more
14. Then, comes this summary inquiry to Bing AI/Bing CoPilot. and its response.
> “Useful. But in summary, to clarify your response, there are no known legal actions involving the Manufactured Housing Institute to get enforcement of the Duty to Serve, to lift the 10/10 rule on FHA Title I lending, or to get the so-called “enhanced preemption” provision of the Manufactured Housing Improvement Act of 2000 put into effect, is that correct?”
15. That’s a significant level of research, using a third-party research tool and MHI’s own website, to come to the following evidence-based conclusion.
a) MHI-TMHA launched litigation reported in February 2023 to ‘stop’ the DOE energy rule from going into effect.
b) MHI’s own attorneys said there would be “irreparable harm” caused if the DOE energy rule goes into effect without changes.
c) MHARR said on 12.12.2023: ‘Stunning and Unworkable’ – DOE’s Extreme Energy Enforcement Regulations Would Destroy Affordable Manufactured Homes. That report is provided above.
d) To further clarify MHARR’s remarks, to see if it was hyperbole or serious, a source connected to MHARR told MHProNews that: “The DOE standards will unnecessary and substantially undermine the affordability [of HUD Code manufactured homes], thereby discriminatorily negating their price affordability up front for lower and moderate-income buyers.”
e) Additionally, that reliable source at MHARR told MHProNews: “Whether they [MHI-TMHA attorneys] would have to amend is uncertain. The terms of the current [MHI-TMHA] complaint could already be broad enough to encompass the regulatory enforcement element as well. In either case, though, does failure to account for further regulatory costs is a separate sufficient basis to overturn the entire rule.”
16. MHARR has stressed from the beginning that killing the DOE energy rule must be the industry’s goal, because the efforts to compromise and negotiate by MHI with DOE have obviously been harmful and/or not been useful, as MHARR has said time after time. One example is linked below from June 2023. Another is linked here in a comprehensive deep dive with MHARR on the DOE energy rule topic.
17. MHProNews, before the genesis of the Sierra Club litigation explored here and below, pointed out how MHARR’s efforts had previously stopped the DOE energy rule from going into effect. MHARR did so despite MHI, not because of MHI, per the record.
http://www.digitaljournal.com/pr/3081759
18. MHARR previously stopped this destructive rule from going into effect. They did so despite, not because of MHI’s ‘efforts’ at compromise, which MHARR sometimes refers to as ‘going along to get along.’ MHARR has essentially proven that intelligent push-back alone has worked with DOE.
19. As MHProNews alone has highlighted in a September 2023 report linked below, MHI’s history of supposed legislative remedies for the DOE energy rule issue – when carefully examined – reflect an on again, off again start-stop posture.
20. Bing AI/Bing CoPilot is no pushover. It doesn’t just give you what you want. Sometimes, follow up questions are needed to pry out of Bing AI the information desired. Bing itself has a disclaimer on their AI system, it should be double checked. Those points noted, as well as months of prior uses of Bing AI referenced by inference here, the following was a follow up to a preceding inquiry on the topic linked in the report above.
> “Doesn’t that report linked here: https://www.manufacturedhomepronews.com/evoking-testimony-f-r-jayar-daily-american-homestar-corp-manufactured-housing-institute-board-of-directors-to-congress-boilerplate-pros-should-know-plus-mhville-market-updates/ make it clear that there is no consistent bill before Congress on the DOE energy rule issue? By definition, doesn’t that lack of a bill before Congress on the DOE energy rule issue make it a stop and stop effort by the Manufactured Housing Institute?”
Regarding your question about whether the lack of a bill before Congress on the DOE energy rule issue makes it a stop and stop effort by the Manufactured Housing Institute, it is difficult to say. While it is true that there is no consistent bill before Congress on this issue, the Manufactured Housing Institute has been working to achieve a legislative remedy for the DOE energy rule. It is possible that the Manufactured Housing Institute’s efforts will eventually lead to a legislative solution, but it is also possible that they will not.
I hope this information helps.
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21. In fairness to Bing AI/Bing CoPilot, and to MHI, that summation above is imperfect, but reasonable. Start and stop means just that, and Bing AI said: “While it is true that there is no consistent bill before Congress on this issue.” That is the definition of start and stop on this issue. That noted, the balance of what Bing AI said has theoretical merit: “…the Manufactured Housing Institute has been working to achieve a legislative remedy for the DOE energy rule. It is possible that the Manufactured Housing Institute’s efforts will eventually lead to a legislative solution, but it is also possible that they will not.”
What did MHARR say? “This enforcement rule must now be stopped by addressing it in the Manufactured Housing Institute’s (MHI) pending federal litigation concerning the DOE energy standards.” While MHI can pursue a legislative remedy to a problem that it and MHI connected operations and money appear to have played a role in causing, it is likely that litigation alone will be the solution.
22. As previously reported by MHProNews, litigation may not have occurred at all if not for the pressure that MHARR, and our publications, have brought to bear on MHI and its higher profile corporate leaders through reports, fact checks and analyses. One should further keep in mind that corporations can make their own comments, apart from MHI. With that in mind, the following inquiry and response from Bing AI.
> “Can you find any evidence of remarks by Manufactured Housing Institute members that are publicly traded companies making statements during earnings calls to investors on the DOE manufactured housing energy rule topic?”
23. Going gonzo, one of this writer for MHProNews favorite quotes from MHARR is the following. Why? Because it illustrates so much in a pithy set of remarks. Danny Ghorbani is talking about MHI when he speaks about the post-production representation. He described MHI has needing to “do more than hold meetings, issue talking points, engage in “photo ops,” [i.e.: with public officials and others] or publish newsletters full of braggadocio and boasts, but bereft of any tangible results.” While this was said about zoning and finance, Ghorbani made it clear in a deep dive discussion linked here that his concerns could apply to the DOE energy rule. Indeed, Ghorbani frankly pointed the finger at MHI for its part in bringing the DOE energy rule issue to this crucial juncture. Recall that the award-winning Ghorbani worked for MHI as a vice president before jumping ship and then launching what became MHARR.
24. It should be apparent that if publicly traded firms that are MHI members aren’t raising this DOE energy rule issue in their published earnings call remarks, they have some level of acceptance of this process. Why? Perhaps because regulations harm smaller firms more than larger ones. As this energy rule issue has advanced, so too have the consolidation of several of the larger independents into the hands of the so-called Big Three at MHI: Clayton Homes (BRK), Skyline Champion (SKY), and Cavco Industries (CVCO). Cavco’s deal with Solitaire, and Skyline Champion’s deals with Regional Homes (or for that matter, with ECN-Triad) are recent examples of deals made in the shadow of the looming DOE energy rule.
25. That doesn’t necessarily mean that these larger firms want the rule, but rather that they are willing to allow the federal government during the Biden era DOE to be the cudgel that causes more independents to be acquired by larger firms. Something similar was occurring in the communities’ sector, until rising interest rates and other factors brought that consolidation process into a slowdown. See the flashback in the first link below and the recent update on trends in the community sector (second report linked below).
26. Sabotage monopoly tactics and moat tactics can be seen as part of a broad spectrum of sly methods to consolidate. Government regulations can be the de facto friend of larger firms that are striving to consolidate a sector, such as manufactured housing.
27. Thus, it is entirely possible that among the reasons that the DOE energy rule has been allowed to fester for so long by MHI and MHI connected consolidators is precisely to press smaller companies into feeling pressures to sell out. When they sell out, who do they sell out to? In many instances in the 21st century, that has been answered by they get sold to one of the big three at MHI. So, MHI can talk about their ‘efforts,’ but meanwhile, those slow-motion efforts result in more consolidations. While Samuel “Sam” Strommen didn’t mention the DOE energy rule in that regard, he did mention MHI’s failures with HUD and the FHFA. The same principle can be applied to DOE.
Note: to expand this image below to a larger or full size, see the instructions
below the graphic below or click the image and follow the prompts.
28. Let’s sum up once again. Per Bing AI, there is no known evidence that contradicts the thesis advanced by MHARR, MHProNews and MHLivingNews (see above). Quoting Bing AI:
- “there is no consistent bill before Congress [by the Manufactured Housing Institute or MHI] on the DOE energy rule issue. “
- “I [Bing AI/Bing CoPilot] cited Manufactured Home Pro News for Manufactured Housing Institute remarks because it was one of the few sources that had information on the topic. It is possible that the Manufactured Housing Institute themselves have no publicly available information on the DOE topic on this date, and their remarks are found instead on MHProNews.”
- Regarding MHProNews/MHLivingNews concerns that MHI has failed to take legal action on several key issues, Bing AI said: “Yes, that is correct. I could not find any evidence of legal actions involving the Manufactured Housing Institute to get enforcement of the Duty to Serve, to lift the 10/10 rule on FHA Title I lending, or to get the so-called “enhanced preemption” provision of the Manufactured Housing Improvement Act of 2000 put into effect.”
29. What did MHARR’s Ghorbani say? MHI need to “do more than hold meetings, issue talking points, engage in “photo ops,” [i.e.: with public officials and others] or publish newsletters full of braggadocio and boasts, but bereft of any tangible results.” What did MHARR’s Weiss say? MHI is playing a “shell game” and uses the “illusion of motion” to posture without effect. It was for such reasons that MHARR encouraged the creation of a new post-production trade group.
30. The headline at the top said in part: ‘Stunning and Unworkable’-DOE’s Extreme Energy Enforcement Regulations Would Destroy Affordable Manufactured Homes.” As our inquiry to MHARR reflected, there may be a measure of hyperbole in that, but if so, it is hyperbole that is supported by MHI’s own attorneys who said that the DOE energy rule could cause “irreparable harm.” If MHI were serious about stopping this rule, they likely could have done so during the Trump Administration. But where was the DOE energy rule legislation they are supporting now, back then?
31. For MHI to posture pushing a bill in Congress during the Biden-White House, Democratic controlled Senate era is tantamount to folly – OR posturing. To push a bill in Congress without bipartisan bicameral support means that it has no chance for enactment. MHI CEO Lesli Gooch, with her Ph.D. in political science, knows better – or should. Even if by some miracle MHI got it through Congress, would he expect Biden to sign a bill during an election year when the left is pushing to do more on energy related topics? Again, the very notion is absurd – in a practical sense – if MHI’s goal is to truly enact legislation.
32. Thus, it goes back to MHARR’s press release on this issue (see Part II above). Quoting this key point: “This enforcement rule must now be stopped by addressing it in the Manufactured Housing Institute’s (MHI) pending federal litigation concerning the DOE energy standards. It bears reiterating, though, that the industry could have avoided this entire energy fiasco if only MHI had not “gone along to get along” when this issue initially surfaced. Unfortunately, though, MHI did go along at crucial junctures and now has a responsibility to the industry and consumers to take every necessary and proper action to stop this destructive regulation.”
Is it any wonder that MHI won’t publicly defend or debate their performance? Or that they won’t engage in responses to the substantive questions raised by MHProNews with MHI leaders and attorneys? After all, what would they say that could be superior to – and somehow overcome the points – raised by Bing AI?
The unstated goal of so much that occurs in manufactured housing is apparently centered around sly efforts for consolidation by the insiders at MHI. Consolidation, in the view of some, results in less capital risked and higher profits. The Biden White House has said as much, while noting the harm to smaller businesses, employees, startups, and consumers.
Is it any wonder that national class action litigation is underway in manufactured housing?
Or that Barron’s has said that Warren Buffett is risking his ‘good guy’ image? Buffett led-Berkshire, as the report linked below reveals, is faced with a series of legal actions.
MHProNews will continue to play watchdog to monitor the vexing issues that are apparently artificially suppressing manufactured housing and report as when or it is deemed warranted. In the meantime, the industry owes a debt of gratitude to MHARR and its members for their yeoman work on these issues. The Volga Boatmen couldn’t be asked to do more. ##
[Postscript note 1 to the above report. The featured image at the top left shows solar panels on manufactured homes, that is artistic. There is no requirement – yet – from the DOE for solar panel on manufactured homes. On the top right, a businessman is holding his hands up in apparent frustration. He is standing in the doorway of a HUD Code manufactured home, which regulations are threatening to make less affordable for millions of potential buyers. Note 2: do you notice the near total absence of reports by anyone in MHVille, especially those aligned with MHI, on these substantive issues? Only MHProNews, MHLivingNews, and MHARR are discussing these issues that MHI’s attorneys admits could cause “irreparable harm.”]
Part IV – 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 morning of 12.12.2023
- Meta may delete data from test accounts that found sexual material served to minors, New Mexico AG warns in filing
- Tim Sweeney, chief executive officer of Epic Games Inc., after an interview in Seoul, South Korea, on Tuesday, Nov. 16, 2021.
- Epic Games CEO Tim Sweeney on why Google lost in court: Execs ‘wrote things down’
- Harvard University President Dr. Claudine Gay testifies during a House Education and Workforce Committee Hearing on holding campus leaders accountable and confronting antisemitism, at the U.S. Capitol, in Washington, D.C., on Tuesday, December 5, 2023.
- Harvard’s board: We unanimously stand in support of President Gay
- Penn announced Larry Jameson, Dean of the Perelman School of Medicine, as its new interim president, replacing Liz Magill.
- UPenn names J. Larry Jameson as its interim president, replacing Liz Magill
- Former Project Veritas CEO Hannah Giles.
- Project Veritas CEO quits, citing ‘strong evidence of past illegality and past financial improprieties’
- A customer selects goods at a supermarket in San Mateo, California, on November 29, 2023.
- Food price hikes are no longer outpacing overall inflation
- Shopping bags in front of the Macy’s Inc. flagship store in the Herald Square area of New York, US, on Monday, Nov. 13, 2023. US holiday sales will grow at a slower pace this year amid economic headwinds such as higher interest rates, the National Retail Federation said.
- How Macy’s became a takeover target
- Doritos turned its nacho cheese chips into a spirit.
- Doritos thinks we want nacho cheese-flavored booze
- Inflation is slowly coming down and no longer outweighing Americans’ wages
- How Harvard President Claudine Gay made history
- The US government plans to go all-in on using AI. But it lacks a plan, says a government watchdog
- Zara pulls controversial ad campaign that critics said evoked Gaza war
- Comfort Inn’s owner doubles down on its hostile takeover bid for the company that owns Days Inn
- Mark Zuckerberg had a surprisingly good 2023
- Elon Musk is going down a conspiratorial rabbit hole and taking X with him
- Unilever investigated in the UK over ‘green’ claims about its products
- com founder urges employees not to ‘lie flat’ after reaching ‘bottom’
- Hayao Miyazaki tops North American box office for first time with ‘The Boy and the Heron’
- Federal jury says Google’s app store violated antitrust law
- Sports Illustrated publisher fires CEO after AI debacle
- Harvard Alumni Association ‘unanimously and unequivocally’ supports Claudine Gay
- Hasbro laying off 1,100 employees
- Elon Musk’s X is encouraging users to follow conspiracy theorist Alex Jones after reinstating his account
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below the graphic below or click the image and follow the prompts.
Headlines from right-of-center Newsmax 12.12.2023
- Trump: N.Y. Judge’s Gag Order Prevented My Testimony
- Former President Donald Trump insisted Tuesday that he “wanted to testify” in his civil fraud trial in New York on Monday, but said he couldn’t because of the limited gag order from Judge Arthur Engoron.
- Israel at War
- Palestinians Expect High Vote at UN Demanding Cease-Fire Now
- WSJ: Israel Begins Flooding Hamas’ Tunnels in Gaza
- Long Odds for Gaza Newborns
- IAF Destroys Jabalia Launch Site Firing Rockets at Sderot
- Biden to Meet Families of Americans Taken by Hamas
- Biden: Israel ‘Starting to Lose Support’ Over Gaza Bombing
- Spielberg Documents Israeli Survivors of Hamas Oct. 7 Attack
- Biden Vows to Keep Up Israel Support Until Hamas Falls
- Israeli Defense Minister: Hamas Approaching Breaking Point
- Netanyahu Opposes Palestinian Authority Ruling Gaza After War
- IDF Strikes Terror Sites in Lebanon After Rocket Fire
- More Israel at War
- Newsmax TV
- Babin: End Birthright Citizenship
- Iowa AG Bird: U. Leaders’ Genocide Comments ‘Mindblowing’
- Guilfoyle: Primary Over, Trump Won | video
- Ex-ambassador: Border Concerns Ignored | video
- Bolton: No Chance of Separate Ukraine Bill | video
- Jason Smith: Hunter Indictment Affirms Whistleblowers | video
- Dick Morris: China Put Biden on Payroll at Penn | video
- Zinke: Congress to Flex ‘Power of Purse’ on Border
- More Newsmax TV
- Newsfront
- George Santos Attorney Optimistic on Plea Talks
- Former U.S. Rep. George Santos ‘ lawyer expressed optimism about plea negotiations in Santos’ criminal fraud case Tuesday, successfully fending off prosecutors’ attempts to speed up the the ousted congressman’s trial.In Santos’ first court appearance since he was expelled…… [Full Story]
- Defense Bill Pushes Back Against NewsGuard, Woke Media Monitors
- House and Senate Armed Services committees last week concluded their [Full Story]
- Related
- NY Post: State Dept Paid NewsGuard to Tar Conservative Media
- Wall St Advances on Inflation Data With Fed on Deck
- U.S. stocks closed higher on Tuesday as the major indexes hit fresh [Full Story]
- Special Counsel to Pry Data From Trump’s Phone
- Special counsel Jack Smith says he expects to use data extracted from [Full Story]
- Related
- Trump Camp Hits ‘Deranged’ Smith for SCOTUS ‘Hail Mary’ |video
- High Court: Trump Must Answer Special Counsel on Presidential Immunity Before Christmas
- Napolitano to Newsmax: If Govt Loses Cases, Trump Won’t Have Anyone to Sue |video
- Smith’s Actions Against Trump Are Interference, House Arrest
- Special Counsel Asks Supreme Court Whether Trump Can Face Prosecution
- Attorney Bobb to Newsmax: Smith Trying to Poison the Well in Trump Case |video
- McConnell: Ukraine Funding Before Christmas Unlikely
- McConnell: Ukraine Funding Before Christmas Unlikely
- Senate Minority Leader Mitch McConnell, R-Ky., said it’s”practically [Full Story]
- N.Y. Court Tosses District Maps, Dems to Try Again
- New York’s top court on Tuesday threw out the state’s congressional [Full Story]
- ChatGPT Could Help Doctors Make Better Decisions
- Doctor’s brains are great decision-makers, but even the smartest [Full Story]
- DeSantis Lone Candidate Committing to Iowa Debate
- The last GOP presidential debate before the Iowa caucuses, moderated [Full Story]
- Related
- Death Threats Against Ramaswamy in N.H. Lead to FBI Arrest: Campaign
- Biden Seeks Campaign Help From Pennsylvania Governor
- Bill Ackman: Harvard Refused to Kowtow and Fire Gay
- Billionaire hedge fund manager Bill Ackman says he was told Harvard [Full Story]
- Zelenskyy in Washington to Plead for Ukraine Funds
- Ukrainian President Volodymyr Zelenskyy on Tuesday plans a last-ditch [Full Story]
- Related
- Ukraine Says Russia May Be Behind Kyivstar Cyber Attack
- Zelenskyy Issues Urgent Plea for Support in Washington
- Ernst to Newsmax: ‘Weapons, Not Welfare’ for Ukraine
- Poland’s Newly Elected Prime Minister Is to Present His Government and Face a Confidence Vote
- US Says Russia Has 315,000 Casualties From Ukraine War
- Poland’s Tusk Urges West to Support Ukraine, Slams War Fatigue
- UK PM Sunak Wins Crucial Vote on Rwanda Immigration Plan
- UK Prime Minister Rishi Sunak on Tuesday faced down rebels in his [Full Story]
- Ireland ‘Hate Speech’ Bill Among World’s ‘Most Draconian’
- The Irish government’s effort to swiftly pass strict hate speech laws [Full Story] | Platinum Article
- Elon Musk to Take Part in Italian PM’s Political Festival
- Billionaire Elon Musk has accepted an invitation from Italian Prime [Full Story]
- Scammers Launch Fake Charities, Upend Holiday Donations
- In a year that saw communities worldwide rocked by natural disasters, [Full Story] | Platinum Article
- Recessionary Indicators Update. Soft Landing or Worse?
- I previously discussed a slate of recessionary indicators with high [Full Story]
- Lower Brain Serotonin Levels Linked to Alzheimer’s
- Loss of the “happiness” brain hormone serotonin might play a role in [Full Story]
- US to Require New Vehicles to Prevent Drunk Driving
- U.S. auto safety regulators say they have taken the first step toward [Full Story]
- Chinese Hackers Target Key US Infrastructure
- Hackers, with links to China’s People’s Liberation Army, have managed [Full Story]
- US Inflation Eases Slightly to 3.1% as Gas Falls
- U.S. inflation ticked down again last month, with cheaper gas helping [Full Story]
- Trump: N.Y. Judge’s Gag Order Prevented Testimony
- Former President Donald Trump insisted Tuesday that he “wanted to [Full Story]
- Sports Illustrated CEO Fired After AI Scandal
- Sports Illustrated CEO Ross Levinsohn has been fired amid the [Full Story]
- GenForward Survey: Black Support for Biden Slipping
- President Joe Biden is losing support among Black Americans, one of [Full Story]
- Rick Scott: Ban Chinese-Made COVID-19 Tests
- Rick Scott, R-Fla., reintroduced a bill this week that would [Full Story]
- US Says Russia Has 315,000 Casualties From Ukraine War
- A declassified U.S. intelligence report assessed that the Ukraine war [Full Story]
- Good Elected Chair of House Freedom Caucus
- Bob Good, R-Va., was elected as chairman of the House Freedom [Full Story]
- Supreme Court Could Reinstate 1864 Abortion Law
- An 1864 law banning virtually all abortions will be a focus at the [Full Story]
- Hunter Biden Lawyers Move to Dismiss Del. Gun Charges
- Attorneys for Hunter Biden filed a motion to dismiss the federal gun [Full Story] | video
- Hasbro to Lay Off 20% of Workforce
- Hasbro said Monday it would cut about 900 more jobs, as the toymaker [Full Story]
- Texas Woman Who Sought Court OK for Abortion Leaves State for Procedure
- A pregnant Texas woman who was seeking court permission for an [Full Story]
- WH ‘Concerned’ on Reported White Phosphorus Use by Israel
- White House National Security Council spokesman John Kirby said [Full Story]
- Most Americans Lose Sleep to ‘Digital Distractions’
- It has likely happened to everyone at some point: You are poised to [Full Story]
- Why Your Firewood Needs This Drill Bit?
- Sherem
- Finance
- Stubbornly High Rents Lift US Consumer Inflation
- While overall inflation ticked down to 3.1% in November, consumer prices unexpectedly rose in many important categories, as a decline in the cost of gasoline was more than offset by increases in rents…. [Full Story]
- Trump Gains More Youth Votes in New Polls
- Disney, Reliance Discuss India Entertainment Merger
- The Economic Outlook for 2024 Is Here, and It Isn’t Pretty
- Ken Griffin Taps St. Patrick’s Air Rights for Skyscraper
- More Finance
- Health
- Lower Brain Serotonin Levels Linked to Alzheimer’s
- Loss of the “happiness” brain hormone serotonin might play a role in the decline of brain function as a person ages, a new study reports. People with mild cognitive impairment (MCI) had up to 25% lower levels of serotonin than healthy people in key regions of the brain…… [Full Story]
- Dementia Diagnosis May Mean Earlier Death in Siblings
- Half of Diabetes Patients Stop Ozempic, Mounjaro
- Heart Attacks Spike During Holidays: Protect Yourself
- Consequences of Declining Social Invite Overestimated
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below the graphic below or click the image and follow the prompts.
2023 …Berkshire Hathaway is the parent company to Clayton Homes, 21st 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, Apollo 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, KEY, KeyCorp, 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 linked herein. 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.
