APRIL 12, 2023

TO: HUD CODE MANUFACTURED HOUSING INDUSTRY MEMBERS

FROM:           MHARR

 RE:                 WHY INDUSTRY MEMBERS MUST COMMENT
                       ON THE DOE MANUFACTURED HOUSING ENERGY
                       RULE TO DEMAND ITS DELAY AND WITHDRAWAL

As promised in its March 28, 2023 memorandum, entitled “DOE Delays Energy Rule – Industry Must Now Demand Total Revocation of Destructive Regulation,” attached for your information and use, in whole or in part, if you so wish, is a copy of MHARR comments to the U.S. Department of Energy (DOE) supporting not only a delay in the enforcement of its May 31, 2022 “final” manufactured housing “energy conservation” standards, but, more importantly, seeking once again, the complete withdrawal of those standards and DOE’s return “to the drawing board” to completely re-start its standards development process in full compliance with the requirements of both the Energy Independence and Security Act of 2007 (EISA) and relevant parts of the Manufactured Housing Improvement Act of 2000 (2000 Reform Law).

As MHARR has asserted and stated from the outset of the DOE rulemaking process, 15 years ago, DOE’s development of manufactured housing energy standards has been and continues to be in complete defiance of the most important provisions of EISA – i.e., its cost-benefit mandate and, even more importantly, its requirement for the development of manufactured housing energy standards in full cooperation, coordination and consultation with both HUD and the statutory Manufactured Housing Consensus Committee (MHCC). As industry members are fully aware, however, DOE has never engaged with HUD and the MHCC regarding the substance, cost or enforcement of such standards, but instead has resorted to a sham “negotiated rulemaking” process and other subterfuges, which have now resulted in a destructive and totally unacceptable standard that would devastate the manufactured housing market and destroy the housing choices of the lower and moderate-income Americans who rely the most on the genuine affordability of today’s modern manufactured housing.

 MHARR, accordingly, strongly encourages all industry members to submit comments (due by April 24, 2023) to DOE addressing both the delay of the implementation/enforcement date of the DOE manufactured housing energy standards, as well as the full withdrawal of these inappropriate and unlawful standards combined with a return to the “drawing board” for a complete and total “re-do” of the standards in full cooperation, coordination and consultation with both HUD and the MHCC as required by EISA and federal manufactured housing law. In doing so, please feel free to cite or reference MHARR’s attached comments.

 MHARR will continue to closely monitor this rulemaking which has extremely serious implications for the industry and its consumers.

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: MHARR@MHARRPUBLICATIONS.COM
Website: manufacturedhousingassociation.org