HUD regulates the construction of certain factory built
homes, called “manufactured homes.” We used to call them
“mobile homes. Be sure to read our Manufactured Homes
Consumers Guide.
If you have a problem with your manufactured home, the
first thing you should do is contact the business who sold
you the home or the manufacturer that produced the home, to
try to resolve the problem. If that fails, you can file a
complaint. Include a description of the problem, along with
copies of any correspondence or contacts with the retailer
and the manufacturer to resolve the problem. Also include:
Send your complaint to your State Administrative Agency
or, if your state doesn’t have such an agency, send it to:
Manufactured Housing and Standards Division
Office of Consumer and Regulatory Affairs
Department of Housing and Urban Development
451 7th St. SW, Room 9152
Washington, D.C. 20410-8000
The Manufactured Housing program is a national program
established to protect the health and safety of the owners
of manufactured (mobile) homes. Under the program HUD
issues, monitors, and enforces Federal manufactured home
construction and safety standards. The intent of the
program is to: reduce personal injuries, deaths, property
damage, insurance costs, and to improve the quality and
durability of manufactured homes. The standards preempt
State and local laws which are not identical to the
Federal standards. The standards may be enforced by HUD
directly or by various States which have established State
Administrative Agencies (SAAs) in order to participate in
the program. HUD has the authority to inspect factories
and obtain records needed to enforce the standards. If a
manufactured home does not conform to Federal standards,
the manufacturer may be required to notify the consumer.
If the home contains a defect which presents an
unreasonable risk of injury or death, the manufacturer may
be required to correct the defect.
Under the program, State or third-party agencies are
established to check and approve designs and calculations
used in the construction of manufactured homes. Other
State or third-party agencies certify and inspect each
manufacturing plant to assure construction in compliance
with the standards and with approved designs. HUD's
monitoring contractor acts as a repository for design
packages submitted to HUD under the regulations and
reviews a percentage of the approved designs to assure
compliance. HUD's contractor also monitors the State or
third-party inspection agencies to assure adequate
performance.
The program also provides a system for handling consumer
complaints relating to failures to conform in the
construction of homes. Thirty-eight States have been
approved by HUD to participate in the program as State
Administrative Agencies. Each of these States agencies
handles its own consumer complaints, conducts,
inspections, makes enforcement determinations, and
conducts hearings. For the remaining non-SAA States, for
non-compliances that amount to a serious defect or
imminent safety hazard, or for non-compliances occurring
in homes manufactured in more than one State, HUD conducts
investigations, holds hearings and issues orders requiring
remedial action or notification of homeowners.
The Act gives HUD broad investigatory authority to conduct
inspections, issue subpoenas and issue orders. HUD may
bring administrative actions against manufacturers or
inspection agencies for violations of the Act or
regulations. The Act also provides for injunctive actions
in Federal court and civil money penalties and criminal
sanctions.
Legal Authority: The National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 U.S.C.
5401 et seq.; 24 CFR Part 3280 and Part 3282.
Program Status: The program is funded by collection
of a $39 inspection fee paid to the Treasury for each
transportable section of a home produced. The inspection
fee was increased $15 from $24 for each transportable
section, August 13, 2002. In FY 2001, HUD collected
approximately $8 million in program fees.
Within the last year, HUD has carried on a number of major
investigations, filed cases in Federal court for civil
penalties and injunctive relief and entered into several
settlements with manufacturers. These actions have
resulted in stopping violations of the Act by
manufacturers and in manufacturers notifying consumers of
defects in their homes and correcting the consumers'
homes.
HUD issued a Final Rule amending the smoke alarm
provisions of the manufactured housing construction and
safety standards on March 19, 2002. Subsequently HUD
issued technical amendments to the March 2002 Final Rule.
These amendments aim to improve the effectiveness and
performance of smoke alarms in early detection of
manufactured home fires and to reduce the rate of fire
fatalities in new manufactured housing.
On April 24, 2002, HUD issued a waiver for constuction of
homes sited in Humid and Fringe climates. This waiver
affects the condensation control provisions for the
exterior walls of the manufactured home construction and
safety standards.
In May, 2002, Housing and Urban Development Secretary Mel
Martinez appointed William Wade Matchneer III to become
the agency's first Administrator of the Manufactured
Housing Program, a position established by the
Manufactured Housing Improvement Act of 2000. As
Administrator of the Manufactured Housing Program,
Matchneer is responsible for advising the Federal Housing
Commissioner on the development and evaluation of the
Department's manufactured housing policy, as well as
program administration.
Housing and Urban Development Secretary Mel Martinez
announced the 21 members of the Manufactured Housing
Consensus Committee (MHCC) on June 11, 2001. The Committee
was established by the Manufactured Housing Improvement
Act of 2000. MHCC members are expected to serve two-year
terms from one of three categories: producers, users, and
general interest and public officials.
The MHCC is an advisory body charged with providing
recommendations to the Secretary on the revision and
interpretation of HUD's manufactured housing construction
and safety standards and related procedural and
enforcement regulations. The MHCC is also charged with
developing proposed model installation standards for the
manufactured housing industry and will forward its
proposals to HUD's Manufactured Housing Program for
review. MHCC activity can be reviewed on the website
administered by the Administrating Organization.