This is long, but I am asking all my friends living in an RV or park model (remember a park model is considered an RV), seasonally or year-round, to read this blog post, copy my proposed comments and let HUD know how we feel about their proposed changes that could affect our way of living! This could affect anyone who is thinking about purchasing a park model in the future too!
There is a proposed rule document issued by the Department of Housing and Urban Development (HUD) titled FR-5877-p-01 - Manufactured Home Procedural and Enforcement Regulations; Revision of Exemption for Recreational Vehicles. To read the complete proposal, follow this link to FR-5877-p-01.
Keep in mind, this is only proposed and is only a rule or regulation, not a law. However, rules and regulations often become laws.
Lastly, HUD’s regulation of RVs, including Fifth-wheels, takes HUD away from the regulation of housing and into the regulation of vehicles-outside of HUD’s authority. It is important to note, that while RV owners can use their RVs as a dwelling, RVs of all types are subject to state registration as vehicles, regardless of the amount of time the owner resides in the RV. This wide-spread, established state level regulation of RVs as vehicles, and not as housing, would necessarily change if HUD began regulating RVs. HUD regulation of RVs would substantially impact the definitions of RVs as vehicles and cause many state and federal agencies to modify or terminate their regulation of RVs as vehicles. Therefore, HUD should not move to regulate RVs of any type.
The proposed rule impacts the full-time and seasonal-use Recreational Vehicle (RV) community by proscribing, and limiting, the usage of RVs to “only” for recreational use, precluding the use of RVs for full-time or seasonal use as a residence. This limitation from a Federal agency could supersede, due to historic interpretations of the Supremacy Clause of the US Constitution, state or local laws or rules, driver licenses, insurance, and banking. Even if HUD’s proposed regulation does not preempt state or local laws, if it is finalized, there is a substantial risk that federal rules will be inconsistent with local or state rules, or will place a great burden on RV owners. It is important to note that many states incorporate the language of HUD’s rules, verbatim, into the language of the state’s laws. The incorporation of HUD’s language into state (and local) laws could limit the usage of RVs. While HUD may claim that, at this time, they are not attempting to regulate the usage of RVs, the unintended, but potentially substantial, damaging effect of HUD’s language is a crippling limitation on the use of RVs.
I am urging HUD to rewrite the proposed rule to clarify, in the text of the rule and its accompanying notes, that the HUD definition of an RV is for the purposes of exempting RVs from the manufacturing requirements imposed upon manufactured homes and, in effect, from any regulation by HUD.
Moreover, I request that HUD modify the language of the proposed rule to state the following: Recreational vehicles are not subject to this part, part 3280. A recreational vehicle is a factory built vehicular structure designed to be registered with a state transportation agency as a vehicle, built and certified in accordance with NFPA 1192-15 or ANSI A119.5-09 consensus standards for recreational vehicles and not certified as a manufactured home.
Keep in mind, this is only proposed and is only a rule or regulation, not a law. However, rules and regulations often become laws.
In the text of the proposed rule, HUD issues an invitation for commentary on questions drafted by HUD. Below are our comments to selected HUD questions:
3. As described in the preamble to this proposed rule, HUD has not exercised regulatory oversight over Fifth Wheel Recreational Vehicles that might meet the statutory and regulatory definitions of “manufactured home.” This proposed rule proposes to except Fifth Wheel Recreational Vehicles from regulatory oversight. Should HUD take a different approach and begin exercising regulatory oversight of these units that meet the statutory and regulatory definitions of a “manufactured home?” Should HUD exercise and regulatory authority over Fifth Wheelers or other forms of recreational vehicles?
My answer is .....
NO. HUD should not regulate fifth-wheels or any other type of recreational vehicle.
HUD’s stated mission is to “strengthen the housing market to bolster the economy and protect consumers.” However, HUD’s proposed regulation to exempt RVs is too narrow and seriously risks limiting the RV owners by preventing RV owners from buying RVs or choosing how to use an RV consistent with state and local laws.
Simply, HUD’s best option is not to regulate RVs, especially THE USE OF RVs. Instead, HUD’s proposed regulation could impede many RV owners from using their RVs, in the manner they choose, by injecting HUD into the regulation of the use of RVs. RV owners, including active adult community residents and senior citizens, should be empowered to participate in their chosen community without limitations on the duration of the use of the RV. RV owners currently may reside in their RVs full- time and seasonally. This is a matter between the RV owner, local housing authorities, and other local and state officials, who are in the best position to address the regulation of the use of RVs.
3. As described in the preamble to this proposed rule, HUD has not exercised regulatory oversight over Fifth Wheel Recreational Vehicles that might meet the statutory and regulatory definitions of “manufactured home.” This proposed rule proposes to except Fifth Wheel Recreational Vehicles from regulatory oversight. Should HUD take a different approach and begin exercising regulatory oversight of these units that meet the statutory and regulatory definitions of a “manufactured home?” Should HUD exercise and regulatory authority over Fifth Wheelers or other forms of recreational vehicles?
My answer is .....
NO. HUD should not regulate fifth-wheels or any other type of recreational vehicle.
HUD’s stated mission is to “strengthen the housing market to bolster the economy and protect consumers.” However, HUD’s proposed regulation to exempt RVs is too narrow and seriously risks limiting the RV owners by preventing RV owners from buying RVs or choosing how to use an RV consistent with state and local laws.
Simply, HUD’s best option is not to regulate RVs, especially THE USE OF RVs. Instead, HUD’s proposed regulation could impede many RV owners from using their RVs, in the manner they choose, by injecting HUD into the regulation of the use of RVs. RV owners, including active adult community residents and senior citizens, should be empowered to participate in their chosen community without limitations on the duration of the use of the RV. RV owners currently may reside in their RVs full- time and seasonally. This is a matter between the RV owner, local housing authorities, and other local and state officials, who are in the best position to address the regulation of the use of RVs.
I am urging HUD to rewrite the proposed rule to clarify, in the text of the rule and its accompanying notes, that the HUD definition of an RV is for the purposes of exempting RVs from the manufacturing requirements imposed upon manufactured homes and, in effect, from any regulation by HUD.
Moreover, I request that HUD modify the language of the proposed rule to state the following: Recreational vehicles are not subject to this part, part 3280. A recreational vehicle is a factory built vehicular structure designed to be registered with a state transportation agency as a vehicle, built and certified in accordance with NFPA 1192-15 or ANSI A119.5-09 consensus standards for recreational vehicles and not certified as a manufactured home.
Copy and paste everything from the word NO to the end of the paragraph above and use this link to send your comments to HUD.
After you post the comment, you will need to enter your name, city state and zip code. You will have a chance to review your comment, then you will need to submit.
Thanks in advance for your help!
We have until April 11th to comment and there are less than 200 comments already! I know we can triple that with my friends and all our friends friends!
We have until April 11th to comment and there are less than 200 comments already! I know we can triple that with my friends and all our friends friends!
ReplyDeleteNO. HUD should not regulate fifth-wheels or any other type of recreational vehicle.
HUD’s stated mission is to “strengthen the housing market to bolster the economy and protect consumers.” However, HUD’s proposed regulation to exempt RVs is too narrow and seriously risks limiting the RV owners by preventing RV owners from buying RVs or choosing how to use an RV consistent with state and local laws.
Simply, HUD’s best option is not to regulate RVs, especially THE USE OF RVs. Instead, HUD’s proposed regulation could impede many RV owners from using their RVs, in the manner they choose, by injecting HUD into the regulation of the use of RVs. RV owners, including active adult community residents and senior citizens, should be empowered to participate in their chosen community without limitations on the duration of the use of the RV. RV owners currently may reside in their RVs full- time and seasonally. This is a matter between the RV owner, local housing authorities, and other local and state officials, who are in the best position to address the regulation of the use of RVs.
Lastly, HUD’s regulation of RVs, including Fifth-wheels, takes HUD away from the regulation of housing and into the regulation of vehicles-outside of HUD’s authority. It is important to note, that while RV owners can use their RVs as a dwelling, RVs of all types are subject to state registration as vehicles, regardless of the amount of time the owner resides in the RV. This wide-spread, established state level regulation of RVs as vehicles, and not as housing, would necessarily change if HUD began regulating RVs. HUD regulation of RVs would substantially impact the definitions of RVs as vehicles and cause many state and federal agencies to modify or terminate their regulation of RVs as vehicles. Therefore, HUD should not move to regulate RVs of any type.
The proposed rule impacts the full-time and seasonal-use Recreational Vehicle (RV) community by proscribing, and limiting, the usage of RVs to “only” for recreational use, precluding the use of RVs for full-time or seasonal use as a residence. This limitation from a Federal agency could supersede, due to historic interpretations of the Supremacy Clause of the US Constitution, state or local laws or rules, driver licenses, insurance, and banking. Even if HUD’s proposed regulation does not preempt state or local laws, if it is finalized, there is a substantial risk that federal rules will be inconsistent with local or state rules, or will place a great burden on RV owners. It is important to note that many states incorporate the language of HUD’s rules, verbatim, into the language of the state’s laws. The incorporation of HUD’s language into state (and local) laws could limit the usage of RVs. While HUD may claim that, at this time, they are not attempting to regulate the usage of RVs, the unintended, but potentially substantial, damaging effect of HUD’s language is a crippling limitation on the use of RVs.
I am urging HUD to rewrite the proposed rule to clarify, in the text of the rule and its accompanying notes, that the HUD definition of an RV is for the purposes of exempting RVs from the manufacturing requirements imposed upon manufactured homes and, in effect, from any regulation by HUD.
Moreover, I request that HUD modify the language of the proposed rule to state the following: Recreational vehicles are not subject to this part, part 3280. A recreational vehicle is a factory built vehicular structure designed to be registered with a state transportation agency as a vehicle, built and certified in accordance with NFPA 1192-15 or ANSI A119.5-09 consensus standards for recreational vehicles and not certified as a manufactured home.
I read the proposed regulation. It deals with the manufacturing of the units and NOT the use of the units. In addition, it relates to the park models and not over the road recreational vehicles. This type of scare tactics needs to stop.
ReplyDeleteYes, it deals with park models. Many people reside in park models year round and seasinally. The change in the manufacturing could change the use. That is how things start to snowball, one small change effects something else, and so one. Thanks for your comment. Hopefully, nothing changes!
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