Keeping America’s Dream Affordable
To promote and protect the manufactured housing industry in Tennessee!
Your legislative, regulatory, and educational voice for the factory built industry in Tennessee.
Proud Member of the
Next Board of Director’s Meeting:
Thursday, February 14, 2019
Click: 2019 Class Schedule
You must be registered in advance of the class. No walk-ins.
Tennessee Housing Association
P. O. Box 569
Mount Juliet, TN 37121
1002 Meb Court, Suite B
Mount Juliet, TN 37122
Since December 22, 2018, a lapse in funding for portions of the federal government has resulted in a partial federal government shutdown. Federal agencies covered by appropriations bills that were not finalized on schedule by the end of the September 30 fiscal year are affected, including Housing and Urban Development (HUD), the Department of the Treasury (which includes the IRS), the Department of Agriculture (USDA), Homeland Security, Justice, Interior, Transportation, Commerce, and the Environmental Protection Agency.
The following is a summary of some areas affected by the shutdown that could impact manufactured housing. With continued disagreement about how to resolve the matter of immigration control on the southern border, it remains unclear how long the shutdown will last. Impacts will be greater the longer agencies remain closed.
- Department of Housing and Urban Development (HUD): The shutdown affects HUD, which regulates the construction of HUD Code homes and provides financing for manufactured housing through the Federal Housing Administration’s (FHA) Title I and Title II programs. All “non-essential” staff at HUD (about 95 percent or 7,109 employees) are not reporting to work.
According to its “contingency plan,” the FHA will continue to endorse single-family loans during the shutdown, but it is not endorsing Title I loans. The Title I program insures chattel loans made by private lending institutions to finance the purchase of a new or used manufactured home. According to HUD’s 2018 Annual Management Report, FHA Title I manufactured home loan volume was 526 loans in Fiscal Year 2018, down from 848 loans in 2017. While Title II loans can still be closed, there will likely be delays in endorsements given the high number of furloughed HUD staffers.
Because the Office of Manufactured Housing Programs is not open during the shutdown, alternative construction approvals will be delayed, as will progress on HUD’s comprehensive review of manufactured housing regulations. MHI is also concerned about the impact a long shutdown could have on the availability of HUD labels. MHI is working with the Administration and Congress to ensure there is not a negative impact on the ability of manufacturers to continue production.
- Internal Revenue Service (IRS): The IRS will process tax returns and refunds as scheduled. Many lenders require prospective borrowers to provide copies of their prior tax returns as a part of the application and approval process. Due to the shutdown there could be delays in the IRS sending out copies of old returns.
- Department of Agriculture (USDA): USDA will not issue new rural housing Direct Loans or Guaranteed Loans during the shutdown and all scheduled closings of Direct Loans will not occur. A scheduled closing of a Guaranteed Loan without the issuance of the USDA’s guarantee will be closed at the lender’s own risk.
Environmental Protection Agency (EPA): Under the EPA’s shutdown plan, most employees are now furloughed, which will affect various regulatory programs and compliance activities. This impacts the ENERGY STAR program. EPA has posted a notice that for the duration of the government shutdown, all ENERGY STAR tools, resources, and data services will not be available.
Since Fannie Mae and Freddie Mac (the Government Sponsored Enterprises or GSEs) are not appropriated, they will continue to operate normally, along with the Federal Housing Finance Agency, the regulator and conservator of the GSEs. Additionally, the National Flood Insurance Program (NFIP) will continue to issue new insurance policies and renew expiring policies during the partial shutdown.
With respect to MHI’s efforts to extend the Energy-Efficient New Home Tax Credit (45L), it is unlikely Congress will take up any legislation related to tax-break extensions until the government shutdown is over.
As the shutdown continues, MHI will continue to be closely engaged with the Administration and Congress to ensure the manufactured housing market is not disrupted.
MHI Publishes Information to Help Manufactured Housing Retailers, Sellers,
and Community Owners Understand The Impact of Recent Changes
to the Dodd-Frank Act on their Businesses
MHI released a high-level summary and Frequently Asked Questions (FAQ) paper regarding compliance with Section 107 of the “Economic Growth, Regulatory Relief, and Consumer Protection Act” (Pub. L. 115-174 § 107), which was signed into law by President Trump on May 24, 2018. Entitled “Dodd-Frank Act Changes Provide Relief for Manufactured Housing Retailers and Community Owners,” the paper addresses common questions that members have shared concerning the implementation of this law, which amended the Truth in Lending Act (TILA) by adding an exception to the definition of mortgage originator that excludes manufactured home retailers, sellers, and their employees.
MHI’s paper summarizes the Bureau of Consumer Financial Protection’s (Bureau) next steps as the agency prepares to implement the changes to the law. Specifically, it explains what is and is not permitted under the new law and answers questions that have been submitted to MHI since the law was signed. The paper also explains restrictions that might still apply under the Secure and Fair Enforcement for Mortgage Licensing Act and other state-specific laws that regulate many of the activities that are now permitted under TILA’s revised definition of mortgage originator.
The change to TILA’s definition of mortgage originator is the result of MHI’s successful advocacy efforts in Washington. MHI’s government affairs team worked closely with Congress and the Administration to secure inclusion and passage of this important provision to the “Economic Growth, Regulatory Relief, and Consumer Protection Act.” The grassroots outreach from MHI members and state executive directors – totaling more than 20,000 calls and emails – was an instrumental part of this advocacy effort to help members of Congress understand the importance of this provision to their constituents.
See the Summary HERE.