Yes! Communities-21st Mortgage Corp Slammed-Attorney Pushes Class Action for Wrongful Eviction; PESP Says Major Investor in Yes! Communities Declines Firm More Money Over Evictions; plus MHMarkets
On 9.7.2024 a TikTok video was posted that referenced the legal action against Yes! Communities (posted below). That video said in part: “Listen, nine mobile home community management companies. are being sued. being cause they conspired to pretty much raise rents.” On the popular “PissedConsumer” website this was posted on 9.5.2024: “High potential for eviction. Preferred solution: Apology. User’s recommendation: Avoid any property that has been acquired by Yes Communities.” Per the Google search tool, there are 133 reviews of Yes! Communities on PissedConsumer alone which are routinely negative. Of course, Yes! Communities’ management wants to paint a different picture, see a TikTok video below from a manager Steven Gilbert plugging their training posted below. But on Justia, “Just Ask a Lawyer,” there is a post that advised an apparent victim of Yes! Communities’ eviction policies the following Q&A.
MHProNews notes that typos in the below are in the original.
Q: Fraudulent eviction, deceit, manipulates judges have documents from several tenants at yes community file class action?
We was sent eviction papers soon as lease expired we was not late on rent after they filed eviction. Failure to pay lot rent we are buying the home.renting lot sits on in yes communities worlds largest manufacturer community parks for lower income families chance to for them to take advantage steal home. And 21st mortage is also part of this scheme..we was sent someone else eviction stapled to ours when I discovered that management manipulates documents and judges we have proof documented false misleading amounts and i have corporate documents back that up then i have harassment from mortage company prior to us being served eviction papers..in years never heard from mortage company call text email so many times in a week prior to eviction the mortgage server sold back to mortage company days before we was served and started being harassed office blocked us paying at western union the day it was due feb 1 done this to other tenants failure pay false evict looking for class actionhelp
Lawyer Answer
James L. Arrasmith
A: It sounds like you may have a case for fraudulent eviction and other legal issues against Yes Communities and possibly 21st Mortgage. In order to file a class action lawsuit, you will need to find other tenants who have experienced similar issues and are willing to join the lawsuit. It’s important to gather as much evidence as possible, including documents and witness statements, to support your claims.
You should consult with an attorney who specializes in tenant rights and can guide you through the legal process of filing a class action lawsuit. The attorney can review your case and help you determine if you have a strong case against Yes Communities and/or 21st Mortgage. They can also advise you on the best course of action to take, whether that’s pursuing a lawsuit or negotiating a settlement.
That was on “Answered Mar 11, 2023,” and a few months later, the first of several class action antitrust lawsuits against Yes! and other manufactured home community operators accused of predatory practices were launched. Several of those firms are members of the Manufactured Housing Institute (MHI) and/or an MHI-linked state association.
With that backdrop, the first item that follows is from the Private Equity Stakeholder Project (PESP).
Part I
Pennsylvania School Employees Board Pension Rejects New Investment in Private Equity-owned Mobile Home Company
The Pennsylvania Public Schools Employees Retirement System, a $70 billion pension fund that oversees pensions for more than 500,000 working and retired teachers and other school workers, voted almost unanimously against a recommendation of investing another $25 million into one of its largest investments, the Yes Communities chain of mobile-home parks.
The Philadelphia Inquirer reported that PSERS had already put $600 million into the Yes Communities business, and voted against the chief investment officer’s recommendation of investing an additional $25 million or more. The chain operates 71 manufactured home communities in 22 states with more than 45,000 homes.
PSERS board member and state senator Katie Muth “grilled the mobile home company’s advocate — a money manager for Stockbridge Capital, a San Francisco real estate investment management firm — about how much the company charged residents.” Muth brought up media coverage of a disabled grandmother who was to be evicted from her Yes Communities home because she had not cut the grass or made timely repairs.
The rejected call for additional funding is a rare event, according to the Inquirer. It came after some board members complained that the Yes Communities representative had dodged basic questions.
The Private Equity Stakeholder Project’s tracking of eviction filings across several states found that Yes Communities has filed to evict at least 380 residents during the pandemic, including more than 330 filings after the CDC eviction moratorium took effect in September 2020 (although it is unclear in how many instances Yes Communities sought an exemption from the moratorium), and more than 190 filings since Congress made tens of billions of dollars in rental assistance available at the end of last year to support residents and enable them to stay in their homes.
Partial list of Yes! Communities eviction actions – March 2020-August 2021
Plaintiff
County
State
Date filed
Case number
YES HIDDEN OAKS LLC et al –
Alachua
FL
8/30/21
2021 CC 002970
YES HIDDEN OAKS LLC et al –
Alachua
FL
8/30/21
2021 CC 002969
YES COMPANIES FRED LLC AND YES HOMESALES LLC DBA WOODLAND ESTATES
In the News: Manufactured Housing Investors Yes! Communities and Inspire Communities Seize on “Captive Market”
August 18, 2022
Private equity-owned companies Yes! Communities and Inspire Communities have been in the news recently for their activity in the manufactured housing sector.
Manufactured housing, also known as “mobile homes”, represents “the largest sector of non-subsidized affordable housing in the United States.”[1] Comprising about 10 percent of the nation’s housing stock, manufactured housing communities are home to 22 million Americans.[2]
Manufactured housing is one of the last forms of housing available to economically marginalized communities. Households living in manufactured housing have a median income of just under $30,000 per year.[3]
A previous report by PESP, Manufactured Housing Action, and Americans for Financial Reform revealed that private equity and other institutional investors are rapidly increasing their reach in the manufactured housing (MH) sector.[4]
According to researchers at the Lincoln Institute of Land Policy, parks containing about a fifth of mobile home lots nationwide have been purchased by institutional investors over the past eight years.[5]
Private equity’s expansion into manufactured housing spells trouble for residents. In this “captive market”, many residents own the home structure itself, but still pay rent for the land their homes sit on. When that lot rent increases, many tenants, especially those on fixed incomes, are unable to weather the cost.[6]
Furthermore, so-called mobile homes are not actually very mobile. Most often, “the structures cannot withstand the move, the costs of moving them are unaffordable, and finding a new spot is untenable.”[7] Private equity and other investors prey on this vulnerability to ensure steady revenues, squeezing fast profits out of low-income families and seniors.[8]
In addition to rising rents, tenants also can be subject to increased fees, maintenance issues, and additional rules that regulate day to day matters like street parking and clotheslines.[9]
With more than 280 properties under management, YES! Communities claims to “create communities that [their] residents are proud to call home.”[10]
Yet earlier this month, Yes! Communities tenants at Hidden Oaks in Gainesville, Florida reached out to the media after they said Yes! failed to address housing quality issues including mold and cockroaches.[11]
Many tenants of Hidden Oaks appear to follow a more standard rental arrangement in which Yes! owns both the mobile home structure as well as the surrounding land.
One Hidden Oaks tenant of seven years reported that Yes! failed to renew his lease, instead pushing him to purchase his home despite it being infested with mold. Another tenant stated that after Yes! failed to remove derelict trailers, the community saw an uptick in trespassing and elicit activity.
What’s more, reporters from WCJB showed that many homes’ inspection stickers were expired.[12]
The story of Hidden Oaks reflects a common pattern of maintenance neglect in properties owned by private equity and other corporate interests. As firms seek to maximize revenue by cutting upkeep costs, tenants are left hanging.[13]
Yes! Communities has already experienced pushback for this management style. In October of 2021, Pennsylvania School Employees Board Pension unanimously rejected an opportunity to invest further in Yes! Communities after a board member grilled a company representative over Yes’s treatment of tenants.[14]
While some manufactured home communities are experiencing maintenance neglect, others are being upgraded with a bounty of amenities. But these upgrades are not planned with the typical manufactured housing resident in mind.
Inspire Communities made headlines this week when it announced “upscale” developments at two mobile home parks in Texas. Oceanway, an existing community in Beach City, TX, received new buildings, paved roads, Victorian-style street lamps, a park, and a 650-foot pier among other amenities[15]. A second community, a brand new “affordable luxury” community called Rockrose Ranch, is slated to offer pickleball courts, pools, and dog parks ready for its first tenants this fall.[16]
It appears that investors are taking advantage of a skyrocketing housing market in Texas, where the average home price is fast approaching half a million dollars.[17] Fewer people than before can afford traditional homeownership[18], making the “luxury mobile home” market an opportune new income stream.
The rising cost of single family homeownership itself can be attributed in part to the activity of private equity firms and similar institutional investors. According to the Harvard Joint Center for Housing Studies, corporate investors bought roughly 28% of single family homes on the market during Q1 of 2022.[19] In many parts of Texas, investor demand is even more outsized. The Dallas Observer found that in Tarrant and Dallas counties, about half of homes sold in 2021 went to institutional investors.[20]
“There’s a tremendous demand for affordable housing in the area. [Rockrose Ranch] and others like it, provides [sic] buyers with the opportunity for affordable home ownership in a highly-amenitized setting,” said Inspire’s senior vice president of sales and marketing to the Houston Chronicle.[21]
However, owning a manufactured home doesn’t offer as many benefits as traditional homeownership.
For one, manufactured housing is a poor way to build equity. Mobile homes are prone to structural degradation over time, leading them to depreciate in value as well. Furthermore, it can be difficult to secure a mortgage for manufactured housing at all, sometimes forcing residents into chattel mortgages with shorter terms and higher rates.[22]
And even with a new manufactured home secured, residents could still be vulnerable to increasing lot rents, fees, and additional lease terms if landlords decide to change these over time.
As homeownership becomes an increasingly distant goal for middle and working class people, many may see manufactured housing as the best viable option despite its economic caveats. Industry leaders typically discuss this shift in terms of choice, however, there is a clear economic downside for these potential new tenants.
Even more importantly, very low income people who have long lived in manufactured housing are now facing increased competition in securing a home. As the gentrification of manufactured housing sets in, it’s unclear where the millions of people who rely on it as the last affordable form of shelter will go. Construction is expanding, but increased supply isn’t always a straight path to lower rents.[23]
Very low income people deserve homes that are safe, affordable, and even beautiful. Instead, these residents are being used as a source for wealth extraction.
Solutions
Private equity and other investors’ expansion into the manufactured housing market is troubling. However, there are a number of policies that could improve tenant outcomes.
In Michigan, the state House of Representatives recently passed regulations on manufactured housing that would mandate that tenants be offered 1 year leases. Crucially, the law would also create a database of mobile home park owners and require landlords to obtain licenses. Those with “a history of unjustifiable rent increases” could be denied licensing. Though this initiative is currently stalled in the senate due to industry pressure, legislation of this sort could go a long way in protecting some of the country’s most vulnerable renters.[24]
Other states have considered placing blanket rental increase caps on all manufactured housing. Delaware passed one such law this year, but efforts in other states have so far failed.[25]
There are also policy solutions at the federal level. The Federal Housing Administration (FHA) could begin to provide funding for mobile home ownership so that residents wouldn’t be subject to treacherous mortgage agreements. Likewise, the Department of Housing and Urban Development should work to let tenants use Section 8 vouchers for manufactured housing.[26]
Fannie Mae and Freddie Mac, the federally backed home mortgage companies that often finance manufactured housing real estate acquisitions, also have some degree of leeway in requiring their borrowers to follow loan terms that protect tenants.[27]
In addition to policy changes, direct action from tenants is a promising source of hope. Recently, tenants at Ridgeview Homes in Lockport, NY joined together to launch a rent strike in response to unaffordable rent increases in their park.[28] Other tenants like those at Hidden Oaks in Florida have reached out to the media for support. As private equity encroaches on America’s supply of affordable housing, tenant allies must work to support the demands of those most directly affected by investor encroachment into manufactured housing.
Part III – Primarily, According to the: “Corridor Business Journal – Web Exclusive: Frank Rolfe says he’s saving mobile home parks. Critics disagree.” Rolfe on Evictions and More
According to the footer of the Corridor Business Journal they offer their readers: “Critical business news, thoughtful analysis and valuable strategic insights for business leaders in the growing Cedar Rapids / Iowa City Corridor.” From an article by Noah Tong, the Corridor Business Journal (CBJ) that has the following subheading: “The Mobile Home University founder insists mobile homes are less in danger of going extinct thanks to his business model,” are the following items.
“Basically, nobody can ever move their home out of your park, and occupancy is always high,” says Frank Rolfe…“Mobile home parks equal money.”
Per Tong and the CBJ: “Today, the MHU brand offers $2,000 courses, on-site boot camps, podcasts, books, articles and more on how to generate a profit by running mobile home parks.” That was 2022.
Tong also wrote that: “Critics of the university point to a series of controversial quotes — he once told Bloomberg that living in one of his communities is like being in “a Waffle House where the customers are chained to the booth,” for example — as proof Mr. Rolfe willingly profits off and accelerates the residents’ discomfort. However, he disputes the meaning behind these quotes, saying they are cherry-picked and result from speaking publicly for 20 years.” That might have more correctly said left-leaning The New York Times than left-leaning Bloomberg, because the NYTimes reported the “Waffle House” claim by Rolfe the month prior (3.13.2014) to Bloomberg’s (4.10.2014) reference, but several publications have cited that notorious quote or a close paraphrase of it since then. For instance, in 2023 the leftist Jacobin used it in an article entitled: “Wall Street Is Holding a Gun to Mobile Home Residents’ Heads.”
That same quote by Rolfe is also in the case pleadings in the Munns class action lawsuit, Case Number 1:23-cv-16450, which is styled as follows.
ANDREA M. MUNS individually and on behalf
of all others similarly situated,
Plaintiff,
The notorious Rolfe quote is in #58 of those pleadings, linked here. That said in part: “Indeed, manufactured home investor Frank Ralfe stated that owning and operating a manufactured home community was “like owning a waffle house with your customers chained to the booth.”
Now, back to Tong and CBJ’s narrative of its interview with Rolfe.
Large, out-of-state corporations have come under fire in recent years for buying MHPs in Iowa. Havenpark Communities has bought at least half a dozen communities in the Corridor since 2019.
In a wide-ranging interview with the CBJ, the real estate tycoon, often credited with helping popularize the MHP trend that impacts many Iowans, explained his business practices in the manufactured housing industry.
On his responsibility as owner
Since unsuspecting residents cannot foresee when a random corporation will buy a park and hike rents, do MHP owners have a moral obligation to support tenants that can’t afford the price increases, particularly when they likely can’t afford to live elsewhere?
“These are people who don’t like change,” said Mr. Rolfe. “That’s what their argument is. ‘I like the McDonald’s value meal at 99 cents, and they’ve taken it away from me, and I’m mad.’ But everything in life changes… In other words, if someone can’t afford to live there because times change and time marches on, how is it their [the park owner’s] issue? It’s a parking lot.”
Mr. Rolfe says the country’s housing crisis is larger than one mobile home park owner.
“I’m not going to say in any way it’s not a big issue that in the housing crisis there are many people — not just in mobile home parks but in everything — that are in a terrible position,” he said. “So if we’ve got a resident who is on disability payments for only $700 a month, lot rent is $280 a month under mom-and-pop owners and the market rate [for these homes] is $600, that’s a very difficult situation. I don’t know how anyone would navigate that.” He calls the issue a “government failing” and says many government assistance programs are sold out.
“Mobile home park owners are put in this incredibly hard position where market forces and park survival and bringing parks back to life requires a certain rent,” he said. “I don’t know how you bridge the gap.”
“We’re not supposed to be a social justice institution,” he added.
In Iowa, landlords don’t have to fulfill a ‘for cause requirement’ when evicting a mobile homeowner. There are limited protections surrounding eviction compared to other types of homeowners, said Assistant Attorney General Ben Bellus.
“I had a case years ago where my client got evicted because she wouldn’t have coffee with a woman running a mobile home park one Saturday because my client wanted to spend time with her kid,” said Mr. Bellus. “There was nothing to be done about that because as long as they don’t say what they’re doing, they just give you a notice and you have to move…as long as you aren’t in the written lease period.”
Mr. Rolfe argues it doesn’t make sense for landlords to frequently hand out eviction notices because it is too financially costly for the owner once you add together the lost rent checks, attorney fees and legal costs of abandonment proceedings.
“If you lose a customer, it costs about $10,000, so we don’t want to lose anyone,” he explained. To keep occupancy rates up, Mr. Rolfe has done 220 organic moves since 2020 — where he will pay the full cost of moving fees for residents of other parks to move to communities he owns — that he estimates to have cost him $1.3 million.
Havenpark says, in addition to making their organic moves, their eviction rate in Iowa is less than 1%, which is below the MHP industry average.
But Alex Kornya, litigation director for Iowa Legal Aid, says eviction is “quick and easy in Iowa if you know the rules,” and eviction cases are still common in his work.
“You have the home sitting on the lot that usually has some resale value, and most people after an eviction are not going to be able to recover the home,” said Mr. Kornya. “In most cases, they are gaining the home which the lot can resell. After charging a down payment, they’re not only making money off a new renter, but they have now also made money as a seller.”
He says evictions were increasing in Iowa until the pandemic and that the only thing stopping “a rising tide of evictions” in the state were federal stimulus checks and rent moratoriums, according to Legal Aid internal data combined with numbers from Eviction Lab at Princeton.
On redevelopment
In May 2019, Iowa City Council approved a rezoning of 73 acres near Forest View Mobile Home Court for a $200 million project by Blackbird Investments and North Dubuque LLC, which would displace trailer park residents but give them first consideration for replacement manufactured housing on the site, as well as relocation assistance.
Despite residents being excited by the outcome (and council member John Thomas recently calling it a “visionary project’), the plan was delayed — and eventually abandoned — for financial reasons, leaving the remaining residents stuck in a rapidly decaying trailer park with their housing future in limbo.
“Your typical mobile home is a perfectly sized tract for a Home Depot or apartment complex,” says Mr. Rolfe, pointing out the difficulty in fending off developers looking to mass evict entire communities for other profitable business ventures. He says higher rents, or market-rate rents, are critical in ensuring MHPs do not go extinct – and rarely are new MHPs approved by local governments these days.
“I don’t know how high [rent] would have to be, but when you look at mom-and-pop’s rents, the U.S. average is $280 a month,” he added. “That’s a suicide mission for that piece of land to stay a park.” Mr. Rolfe said most mobile home parks run by mom-and-pop owners are in bad condition and need professional management.
Mr. Rolfe also questioned why residents who can’t afford higher rents don’t sell their homes instead abandoning the property or waiting to receive eviction notices.
“What happens is that, for some reason, a lot of these residents who I read about in different stories, they never attack the problem in the early stages and then sell it off,” he said.
For many residents, selling a mobile home (that depreciates over time similar to a car), is not a reasonable option for families with nowhere else to go, which gives a lot of power to park owners, says Mr. Kornya.
“People have a lot of money sunk into the homes that they bought,” he explained. “They have so much more to lose than a typical tenant. Many times our clients have purchased the actual home that sits on the lot with one-time money that they may never see again. Maybe they had a small inheritance or they are receiving Social Security disability and they got a lump sum back award after a successful appeal. They don’t really have the capacity to make another go at it and start over again.”
The argument surrounding the redevelopment problem is not strong enough to justify the business practices MHP owners employ either, he said.
“Whether or not redevelopment is a danger, I think, is probably pretty situational,” said Mr. Kornya. “Is the solution then to simply hasten the end by creating a financially unsustainable situation? Are they better off losing their home to a company like Havenpark or losing their home through redevelopment?” ##
Part IV – Additional Information with More MHProNews Analysis and Commentary in Brief
1) Quoting Rolfe and his notorious Waffle House remarks are common. That said, note that at number 53 from the MUNS pleadings Case Number 1:23-cv-16450 is the following.
“George McCarthy, president and CEO of the Lincoln Institute of Land Policy, a Cambridge, Massachusetts-based think tank, said manufactured home communities containing about a fifth of manufactured home lots nationwide have been purchased by institutional investors, like the Manufacturing Home Community Defendants, over the past eight years.”
Who besides MHProNews and/or MHLivingNews in the manufactured housing industry’s trade media/publishers/bloggers has cited McCarthy’s remarks and others like it?
2) Who besides MHProNews/MHLivingNews has reported on the various outrages involving Yes! Communities and the associated outrages involving the Manufactured Housing Institute (MHI), which has elevated Yes! et al with “awards” or speaking time at one of MHI events?
3) As far as 21st Mortgage Corporation, it should be recalled that Yes! Communities was linked to pre-Buffett Clayton Homes. Obviously, 21st and Clayton Homes are sister brands.
4) The manufactured housing industry, per several sources, is being subverted by insiders who are routinely involved at MHI. Those subversives are undermining manufactured housing, and then they are supposed to be hailed as if they are good for consumers or good for the industry as a whole? Sorry, we don’t buy that nonsense at MHProNews. Ironically, one of those who have said as much, using their own words is none other than Frank Rolfe.
5) MHI CEO Lesli Gooch, Ph.D., has given an arguably laughable interview for those who understand the history, potential, and federal laws that were provided by Congress in order to boost affordable manufactured housing going into the 21st Century.
6) The Manufactured Housing Association for Regulatory Reform (MHARR) are not trade media. They are not a post-production trade group. But other than MHProNews/MHLivingNews, who besides MHARR in MHVille has routinely pointed out the apparent links between industry underperformance and the behaviors that are so often linked to MHI insiders?
7) Yes!, 21st, and Rolfe are among the more prominent members of MHI. Their respective business practices have often come under fire. It is MHI supporter UMH Properties that finally publicly challenged the prevailing narrative found all too often at MHI that keeping the development of new communities down is somehow good for the industry. The response by Rolfe to the Landys led UMH proposal to robustly grow the number of land-lease communities in coming years by a factor of three? Rolfe called the idea ‘asinine.’
8) A special report is pending, the next in a series of reports that are often not found anywhere else in manufactured housing trade media. It will include one or more of these firms and topics. It will provide an array of new facts and insights. Stay tuned. The markets report follows. ##
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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Excitement is building among Democrats who believe they’re making [Full Story]
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Finance
Gold Retreats as Dollar, Yields Firm Ahead of Fed Verdict
Gold eased Tuesday after climbing to an all-time high in the previous session as dollar and Treasury yields firmed, while traders positioned themselves for a potential U.S. interest rate cut decision by the Federal Reserve this week…. [Full Story]
Steve Cohen Stops Trading for Hedge Fund Point72
How Will Stocks Perform if Trump or Harris Wins?
US Steel CEO Confident Nippon Deal Will Close
For US Economy Japan Is the ‘Canary in the Coal Mine’
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Health
Varying Mental Tasks Boosts Memory by 75 Percent
We’ve heard that variety is the spice of life, and now a new study finds that it also may be the key to supercharge learning and enhance working memory for people over the age of 60. Researchers discovered that varied practice, not repetition, primed older adults to learn a…… [Full Story]
Belly Fat Linked to Chronic Pain Throughout the Body
Police: Tito Jackson Suffered Medical Emergency in New Mexico Before Death
A Few Cups of Coffee Per Day Protects Your Heart
Seniors Should Get Their Flu Shot Now
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