JULY 26, 2018
TO: MHARR MANUFACTURERS
MHARR STATE AFFILIATES
MHARR TECHNICAL REVIEW GROUP (TRG)
FROM: MARK WEISS
RE: MHARR MEETING WITH HUD ASSISTANT SECRETARY BRIAN Montgomery
A delegation of MHARR officials, including MHARR Chairman, James Shea, Jr., MHARR Immediate-Past Chairman, John Bostick, MHARR President Mark Weiss and MHARR Senior Advisor, Danny D. Ghorbani, met on July 25, 2018 with HUD Assistant Secretary–Federal Housing Commissioner, Brian Montgomery, the highest-ranking political appointee with direct oversight of the HUD manufactured housing program, to address issues concerning the both the program and the Federal Housing Administration’s (FHA) Title I manufactured housing loan insurance program. Scheduled shortly after Commissioner Montgomery was confirmed by the U.S. Senate, the meeting represents a continuation of MHARR’s direct interaction with Trump Administration officials at HUD and others agencies concerning both the federal manufactured housing program and federal financing support for affordable manufactured homes, including meetings with HUD Secretary Ben Carson and HUD Deputy Assistant Secretary Dana Wade, and Federal Housing Finance Agency (FHFA) director Melvin Watt, among others.
The main purpose of the meeting with Commissioner Montgomery who, while holding the same position in the Administration of President George W. Bush, was instrumental in establishing the statutory Manufactured Housing Consensus Committee (MHCC) and securing major achievements in the implementation of the Manufactured Housing Improvement Act of 2000, was to address key aspects of the ongoing manufactured housing program review and reform process initiated by President Trump and Secretary Carson, with a view toward putting the federal program back on track, in full compliance with all elements of the 2000 reform law.
Consequently, among other topics, the meeting addressed: (1) the status of the appointed manufactured housing program administrator mandated by the 2000 reform law; (2) the status of the pending “top-to-bottom” manufactured housing program regulatory review pursuant to Trump Administration Executive Orders (EOs) 13771 and 13777; (3) the status of the program monitoring contract, which is slated to expire in August 2018, the urgent need for a fully-competitive contracting process after more than 40 years of defactosole-source monitoring procurements, and the selection of a new program “monitoring” contractor; (4) the necessity of retaining state participation in the HUD program and proper funding for State Administrative Agencies (SAAs); and (5) the restoration of collective industry representation on the MHCC. In addition, the MHARR delegation urged Commissioner Montgomery to consider reforms at the Federal Housing Administration and the Government National Mortgage Association (GNMA), to expand the utilization of the FHA Title I manufactured housing program and the availability of insured manufactured home chattel loans under that program, particularly in light of the highly-restricted implementation of the “Duty to Serve Underserved Markets” with respect to manufactured home chattel loansby FHFA and the Government Sponsored Enterprises (GSEs), Fannie Mae and Freddie Mac.
In particular, the MHARR delegation focused on harm to consumers and the industry resulting from unjustified, unwarranted, and/or misdirected HUD regulations (or pseudo-regulations), citing, as an example, HUD’s excessively costly and needlessly burdensome 2016 “on-site” construction rule, which, rather than reducing the cost and increasing the efficiency of on-site work and related approvals, has instead led to a decline in on-site completions and features requiring on-site completion, which has unnecessarily harmed the HUD Code market and unnecessarily denied consumers various on-site features that they seek in HUD Code homes. The MHARR delegation thus urged Assistant Secretary Montgomery to continue with – and aggressively implement and advance – the EO 13771/13777 regulatory reform process within the federal program that was initially spearheaded by Deputy Assistant Secretary Wade. And, in fact, it appears from responses at the meeting, that aspects of the Department’s regulatory reform process will be presented to – and considered by – the MHCC at a meeting currently expected to be held (but not yet formally announced in the Federal Register) on September 11-13, 2018 in Washington, D.C.
The MHARR delegation also addressed the decline – under the former federal program administrator — in the federal-state partnership that lies at the core of the HUD program and its proper operation. Noting that state SAAs and state Primary Inspection Agencies (PIAs) had been tasked with numerous additional functions by HUD under its change to the “focus” of program inspections and monitoring, from the detection of specific standards violations to a new alleged emphasis on “quality control” and, worst of all, new unwarranted and baseless demands on long-standing and fully-compliant state installation programs – all without any corresponding rulemaking or regulatory process – MHARR pointed out that to date, there has been no corresponding increase in the compensation of such state agencies, leading some to either withdraw from the program or consider withdrawing. This, in turn, increases the power and influence of the entrenched monitoring contractor (and program installation contractor) – which assumes those expanded regulatory roles in “default” states, without the accountability, responsibility and responsiveness of the former state government entities. Meanwhile, a proposal to increase state SAA funding, recommended by the MHCC and published for notice and comment in 2016, needlessly remains in limbo, some two yearsafter-the-fact. The MHARR delegation, accordingly, urged Commissioner Montgomery to address this matter as a priority issue for the program.
In addition, the MHARR delegation encouraged Commissioner Montgomery, as Federal Housing Commissioner, to explore the re-vitalization and expansion of the FHA Title I manufactured housing program which, after being a significant source of consumer financing for HUD Code homes in the past, has declined drastically, to minimal activity levels in recent years. Such a revitalization and expansion in FHA Title I support for manufactured home financing is particularly crucial in light of the minimal and long-delayed “implementation” of the Duty to Serve Underserved Markets (DTS) by Fannie Mae and Freddie Mac, and their federal regulator, FHFA, and their failure to establish – any time soon – market-significant levels of securitization and secondary market support for manufactured home chattel loans, which comprise upwards of 80% of all manufactured home consumer loans.
In particular, MHARR noted that the “10-10” net worth and reserve rule implemented by the Government National Mortgage Association (Ginne Mae) for FHA Title I financial institutions has severely and unjustifiably limited lender participation in the Title I program to just two approved lenders, both of which are finance subsidiaries of the industry’s largest corporate conglomerate. As a result, for far too many Americans, the inherently affordable home ownership offered by today’s manufactured homes, is simply not available – contrary to HUD and FHA’s fundamental mission — due to the lack of available, accessible, competitive financing. Consequently, as MHARR stressed, in addition to the reform of its regulatory activities, HUD should also re-examine and reform its financing-related programs for manufactured housing.
MHARR, as it has since the inauguration of President Trump – in all forms of direct and formal interaction with relevant officials — will continue to press the case for HUD Code manufactured housing, for increased governmental support for manufactured home consumer financing, in full accordance with all applicable laws, and for fundamentalregulatory reform within the federal manufactured housing program in full compliance with the 2000 reform law, including proper program leadership in the person of an administrator appointed in accordance with the 2000 reform law.
cc: Other Interested HUD Code Industry Members