Manufactured Housing Assoc says Loper Bright Enterprises v. Raimondo (U.S. Supreme Court Case Number No. 22-451) may be useful.

WASHINGTON, D.C. , UNITED STATES, May 3, 2023/EINPresswire.com/ -- In a news release published on 5.2.2023, the Manufactured Housing Association for Regulatory Reform (MHARR) said the following.

The United States Supreme Court has accepted for review later this year, a case that could significantly alter the landscape of federal regulatory law, including critical matters that directly impact the comprehensively federally-regulated manufactured housing industry.

The case, Loper Bright Enterprises v. Raimondo, which the court voted to accept on May 1, 2023, involves a legal concept known as “Chevron deference” and provides an opportunity for the Court to either eliminate, restrict, or clarify that doctrine. Chevron deference, first enunciated by the Supreme Court in Chevron USA v. Natural Resources Defense Council (1984), means that a court reviewing federal agency regulatory action will defer to an agency’s interpretation of a controlling statute if the statute itself is found by the court to be “ambiguous.”

For example, when HUD (in concert with its entrenched contractor) adopted current Subpart I procedures, including regulations, policy statements, “guidelines,” and other sub-regulatory criteria that have continually bedeviled industry production, MHARR – in the absence of Chevron deference – would, in 1985, have judicially challenged those actions. As MHARR members are aware, though, the Association chose not to proceed in that manner because of the adoption of Chevron judicial deference just a year before.

If Chevron deference were overruled, however – or significantly limited -- the likelihood of judicial relief concerning many regulatory issues affecting the industry would be enhanced, meaning that agencies would have to confront an increased likelihood of credible litigation over regulatory decisions and actions. This, in turn, would enable MHARR to more aggressively protect, defend and advance the views and interests of manufactured housing producers in Washington, D.C.

Given the importance of this case and its potentially far-reaching effects on the HUD Code manufactured housing industry, MHARR will continue to closely monitor this action, and will report to you further as developments warrant.

cc: Other Interested HUD Code Manufactured Housing Industry Members ##


About MHARR

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.


Manufactured Housing Production and Shipment Data

MHARR provides the largest known collection of monthly national manufactured housing production information. By contrast, the rival Manufactured Housing Institute (MHI) has for years kept production information for "members only."


Latest Manufactured Housing Industry News from MHARR

The largest known collection online of manufactured housing industry focused news provided by a manufactured home industry nonprofit focused on independent producers’ facts and views are found at the link below.

https://manufacturedhousingassociationregulatoryreform.org/mharr-news/


MHARR Issues and Perspectives

MHARR President and CEO Mark Weiss, J.D., routinely provides a column that explores an important issue facing the manufactured housing industry. Those reports are found at the link below. Those "Issues and Perspectives" shed light on why federally regulated manufactured housing is underperforming during an affordable housing crisis.

https://manufacturedhousingassociationregulatoryreform.org/category/mharr-issues-and-perspectives/

Key Issues holding the manufactured home industry at low ebb during an affordable housing crisis include the failure to fully and properly implement existing federal laws." The Manufactured Housing Improvement Act of 2000 and its 'enhanced preemption' provision is widely seen by industry professionals as not being properly enforced by the U.S. Department of Housing and Urban Development (HUD). Similarly, more cost-effective manufactured home lending has been provided for by federal law, but those laws - in MHARR's expert view - are not being properly enforced. See the MHARR website for articles on enhanced preemption.


Collection of MHProNews Q&As with Founding MHARR President and Current Senior Advisor Danny Ghorbani

Danny Ghorbani was a vice president for the Manufactured Housing Institute (MHI) before leaving and becoming the founding president and CEO of MHARR. Ghorbani's career spans some 5 decades and was recognized by the RV MH Hall of Fame. He was an engineer and played a key role in developing some 200,000 home sites for factory built mobile home homes prior to the HUD Code manufactured housing era. Those Q&A style interviews with Ghorbani are found at this link below.

https://manufacturedhousingassociationregulatoryreform.org/mhpronews-qa-with-danny-ghorbani/duty-to-serve-mh/


Some recent MHARR reports shed light on the finance, DOE energy rule related, and zoning/placement barrier challenges that have been identified as factors keeping manufactured housing underperforming during an affordable housing crisis.

https://manufacturedhousingassociationregulatoryreform.org/mharr-presses-hud-for-specific-inclusion-of-hud-regulated-manufactured-housing-in-new-affirmatively-furthering-fair-housing-affh-rule/

https://manufacturedhousingassociationregulatoryreform.org/why-manufactured-home-industry-members-must-comment-on-the-doe-manufactured-housing-energy-rule-to-demand-its-delay-and-withdrawal/

https://manufacturedhousingassociationregulatoryreform.org/increasingly-concerning-manufactured-housing-production-decline-continues-in-february-2023/

The Supreme Court docket for the case in question is linked below.

https://www.supremecourt.gov/docket/docketfiles/html/public/22-451.html

Mark Weiss, J.D., President & CEO
Manufactured Housing Association for Regulatory Reform
+1 202-783-4087
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