Manufactured Housing Association for Regulatory Reform (MHARR) Files Supplemental Comments Opposing Proposed DOE Manufactured Housing “Energy” Rule
Washington, D.C., November 23, 2021 – The Manufactured Housing Association for Regulatory Reform (MHARR) has filed supplemental written comments see, copy attached opposing a proposed rule by the U.S. Department of Energy (DOE) that would drastically increase the cost of federally-regulated manufactured housing, needlessly undermining its statutorily-recognized and protected affordability, while threatening to exclude millions of lower and moderate-income Americans from the manufactured housing market and from homeownership altogether.
MHARR’s supplemental comments follow an extension of the original deadline for the submission of written comments in response to the DOE proposed rule, published on August 26, 2021. In a September 24, 2021 request to DOE, MHARR had requested such an extension due to the “complex and multi-faceted” technical issues raised by the proposed rule, “as well as cost-impact and market exclusion considerations affecting manufactured homes….” On October 20, 2021, DOE granted that request, extending the deadline for the submission of written comments until November 26, 2021, while simultaneously publishing a Notice of Data Availability (NODA) incorporating additional technical and cost data, and related “analysis.”
Given DOE’s late approval of this extension request — just six days prior to the original October 26, 2021 comment deadline — MHARR submitted its comprehensive comments opposing the proposed rule as originally planned, on October 25, 2021, while noting that it would examine the October 20, 2021 NODA and submit supplemental comments, as warranted, prior to the extended November 26, 2021 DOE deadline.
Consistent with this approach, MHARR’s November 22, 2021 supplemental comments point out multiple fatal flaws in the original DOE proposed rule that are either left uncured or are exacerbated by the data or “analysis” presented in the October 20, 2021 NODA and, in fact, would make matters far worse, given the latest news regarding worsening inflation and the economy generally. MHARR’s supplemental comments, therefore, stress that: (1) any “modified” “Tier 1”/”Tier 2” threshold would still undermine the affordability of manufactured homes contrary to existing federal law; (2) the NODA data continues to ignore Consumer Financial Protection Bureau (CFPB) analysis showing that the proposed rule would have harshly discriminatory and inequitable racial impacts, in violation of Biden Administration priorities; (3) the NODA incongruously projects lower inflation going forward, contrary to all available evidence; and (4) the NODA continues to arbitrarily and significantly understate the devastating cost and market impacts that the proposed rule would entail. Most importantly, though, these supplemental comments provide an opportunity to emphasize the manner in which current and future inflation would exacerbate the already extreme cost impact of the proposed rule, which alone should be enough for DOE to withdraw this destructive proposed mandate
Based on this analysis, MHARR’s supplemental comments again ask that the proposed rule be withdrawn. Absent that, however, as MHARR has consistently observed, legal action by the industry (and consumers as well) may ultimately be necessary to preserve the availability of affordable, mainstream manufactured housing as it exists today. Given all of the above, MHARR continues to urge all stakeholders, but especially industry mems and consumers, to submit comments based on its attached supplemental document.
In the interim, MHARR will continue to take aggressive action to oppose DOE’s needless and baseless attack on affordable housing and homeownership.
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.
Washington, D.C., November 23, 2021 – The Manufactured Housing Association for Regulatory Reform (MHARR) has filed supplemental written comments see, copy attached opposing a proposed rule by the U.S. Department of Energy (DOE) that would drastically increase the cost of federally-regulated manufactured housing, needlessly undermining its statutorily-recognized and protected affordability, while threatening to exclude millions of lower and moderate-income Americans from the manufactured housing market and from homeownership altogether.
MHARR’s supplemental comments follow an extension of the original deadline for the submission of written comments in response to the DOE proposed rule, published on August 26, 2021. In a September 24, 2021 request to DOE, MHARR had requested such an extension due to the “complex and multi-faceted” technical issues raised by the proposed rule, “as well as cost-impact and market exclusion considerations affecting manufactured homes….” On October 20, 2021, DOE granted that request, extending the deadline for the submission of written comments until November 26, 2021, while simultaneously publishing a Notice of Data Availability (NODA) incorporating additional technical and cost data, and related “analysis.”
Given DOE’s late approval of this extension request — just six days prior to the original October 26, 2021 comment deadline — MHARR submitted its comprehensive comments opposing the proposed rule as originally planned, on October 25, 2021, while noting that it would examine the October 20, 2021 NODA and submit supplemental comments, as warranted, prior to the extended November 26, 2021 DOE deadline.
Consistent with this approach, MHARR’s November 22, 2021 supplemental comments point out multiple fatal flaws in the original DOE proposed rule that are either left uncured or are exacerbated by the data or “analysis” presented in the October 20, 2021 NODA and, in fact, would make matters far worse, given the latest news regarding worsening inflation and the economy generally. MHARR’s supplemental comments, therefore, stress that: (1) any “modified” “Tier 1”/”Tier 2” threshold would still undermine the affordability of manufactured homes contrary to existing federal law; (2) the NODA data continues to ignore Consumer Financial Protection Bureau (CFPB) analysis showing that the proposed rule would have harshly discriminatory and inequitable racial impacts, in violation of Biden Administration priorities; (3) the NODA incongruously projects lower inflation going forward, contrary to all available evidence; and (4) the NODA continues to arbitrarily and significantly understate the devastating cost and market impacts that the proposed rule would entail. Most importantly, though, these supplemental comments provide an opportunity to emphasize the manner in which current and future inflation would exacerbate the already extreme cost impact of the proposed rule, which alone should be enough for DOE to withdraw this destructive proposed mandate
Based on this analysis, MHARR’s supplemental comments again ask that the proposed rule be withdrawn. Absent that, however, as MHARR has consistently observed, legal action by the industry (and consumers as well) may ultimately be necessary to preserve the availability of affordable, mainstream manufactured housing as it exists today. Given all of the above, MHARR continues to urge all stakeholders, but especially industry mems and consumers, to submit comments based on its attached supplemental document.
In the interim, MHARR will continue to take aggressive action to oppose DOE’s needless and baseless attack on affordable housing and homeownership.
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.
