REGULATING MANUFACTURED HOMES – Mississippi

REGULATING
MANUFACTURED HOMES
P
erhaps no single type of housing is more
stereotyped than manufactured, or mobile,
homes. They are considered to be dangerous
during storms, more prone to fire, subject to high
rates of depreciation, and generally occupied
by people with low income. Stereotype can
be defined as “a standardized mental picture
that is held in common by members of a group
and that represents an oversimplified opinion,
prejudiced attitude, or uncritical judgment.”1
While some of these assumptions are based
in fact, manufactured homes remain an
important source of housing for a large number
of Mississippians. In fact, Mississippi state law
requires counties and municipalities to allow
manufactured homes to be located someplace
within their respective jurisdictions.
Local government policy should respond not
to the stereotype but to the source of the
problems that generate the stereotype. Doing
so will allow manufactured homes to remain
a viable lower-cost housing option while also
contributing positively to the housing stock of
a community.
Manufactured homes in Mississippi
(APA) manufactured homes are a major source of housing
for the following:
• Young families
• First-time home buyers
• Older adults
• Others with limited income 4
Together the people in these groups represent a substantial
portion of the population of most Mississippi communities.
Because manufactured homes are an important source of
housing for these groups, we suggest communities establish
rules to make manufactured housing work better for its
occupants and the community as a whole.
What is in a name?
What is the difference between a manufactured home and
a mobile home? When it comes to manufactured homes, it
may denote the standards to which they were built. Among
other things, both terms describe a structure built on a
permanent chassis and designed to be used with or without
a permanent foundation. The term “manufactured home”
came about with the 1976 Department of Housing and
Urban Development (HUD) Manufactured Housing Code.
This code established the national standards to which all
manufactured homes must be built. Manufactured homes
Why do so many Mississippians live in manufactured built before the application of these standards may not have
houses? According to the American Planning Association been built to these specifications.
Manufactured homes contribute to a significant percentage
of housing in the state. According to the 2000 U.S. Census,
16.6 percent of homes in Mississippi were mobile or
manufactured homes.2 79.8 percent of manufactured homes
in the state are owned by the people who live in them.3 The
current percentage of manufactured homes as a total of all
homes is likely higher in the aftermath of Hurricane Katrina
and subsequent storms.
By state law, “mobile home” refers to a structure
manufactured before June 15, 1976.5
“Manufactured
home” refers to structures constructed after that date and
that were constructed in accordance with the HUD standards
(commonly referred to as the HUD code). A manufactured
home will have a permanently affixed label or tag certifying
its compliance with the HUD code.6
The Mississippi Code relies upon federal standards when
it comes to the definition of what constitutes a factory
manufactured moveable home. Title 42, Chapter 70 of the
United States Code establishes the construction and safety
standards for manufactured homes.8 As noted above,
counties and municipalities can regulate the appearance
and dimensional criteria for manufactured homes. Issues
related to site planning (e.g., placement on the lot, setback
The term “mobile home” has been in common use for
decades and continues to be used by the general public,
government agencies, and professional organizations.
When looking for information about manufactured homes,
be sure to include “mobile home” among your search terms.
You will find that the U.S. Census, the National Weather
Service, consumer organizations, and others continue to
use the term “mobile home”.
requirements, access requirements, environmental factors, etc.)
can also be regulated.
What’s the real problem?
It is not uncommon to hear local government officials
complain about a “mobile home problem.” The problem
may have more to do with unplanned, substandard “trailer
More information about manufactured homes and their parks” and deteriorating older-model single units than with
construction is available from the Manufactured Housing the type of housing as a whole.
Institute (www.manufacturedhousing.org).
Most mobile home or “trailer” parks were not built to
any particular standards other than, perhaps, a limit to the
Manufactured homes must be allowed
number of homes allowed per acre or other unit of land. For
someplace in your community. It’s the
this reason, many older manufactured home communities
provide a substandard living environment for their residents
law.
and may be perceived as a substandard neighborhood by
An additional reason local governments should establish the larger community. Park infrastructure, including roads,
rules and standards for manufactured homes is that state law driveways, septic systems, and wells, as well as landscaping,
requires that manufactured homes be allowed someplace may not be properly maintained in the absence of good
management.
within the community.
Section 17-1-39 of the Mississippi Code states:
“Any municipality or county of this state may adopt
and enforce zoning or other land use regulations or
ordinances relating to factory manufactured movable
homes, including, but not limited to, regulations and
ordinances which establish reasonable appearance
and dimensional criteria for factory manufactured
movable homes, provided that such regulations and
ordinances do not have the effect of prohibiting factory
manufactured movable homes which otherwise meet
applicable building code requirements from being
lawfully located in at least some part or portion of the
municipality or county.” 7
It is not unusual to hear complaints about the quality of
individual properties occupied by an older manufactured
home. The absence of skirts, the presence of buckled or
poorly-maintained skirts, and the leaving of tow tongues
in place reinforce the difference in appearance between
manufactured homes and their site-built kin. Like a sitebuilt home, maintenance and upkeep is necessary. And like
a site-built home, if circumstances are such that the property
is depreciating rather than appreciating in value, the owners
may be hesitant to invest in the home.
Our suggestion, then, is for local governments to establish
basic standards for both land lease communities – the
modern term for what has traditionally been referred to as
a mobile home or trailer park – and manufactured homes
located on individual lots. If maintenance of existing homes
is the issue, then the same rules should apply to site-built
homes and manufactured homes alike.
Addressing the real problems
State law gives county and municipal governments the
authority to regulate manufactured homes. What are the
issues that should be regulated? We suggest communities
begin with the following issues.
Treat manufactured housing as you would treat site-built
homes. Subdivision codes and residential ordinances should
not unnecessarily limit the use of manufactured housing.
The same site requirements that apply to site-built homes
should apply to manufactured housing. A noted exception
is the application of local or state building codes. Unlike
site-built homes, manufactured homes are constructed based
upon the HUD code. However, local or state building codes
can regulate permanent foundation requirements.
Concerns about the appearance of development in a
community should be addressed by design standards as a
component of a comprehensive development ordinance.
When it comes to the character of a place, the larger concern
is not how structures are built but rather the extent to which
their design and their relationship to other structures, the
street, and other public spaces contribute to the character of
the neighborhood.
For instance, assume a community is concerned about the
placement of manufactured homes in a historic residential
neighborhood or central business district. In this scenario,
the “fabric” of a specific neighborhood should be preserved
because of its unique character. This character has cultural,
historic and economic value. Is the core issue whether or
not manufactured homes should be allowed specifically,
or whether special regulations should be applied to all
Mississippi State Community Action Team
development within this neighborhood generally? The
answer is the latter: rules should be developed that establish
standards for new development and renovations generally
that preserve the integrity of the physical character of the
neighborhood. At issue is the character of the development,
not how it was built. Just as a conventional strip mall would
look out of place in a historic business district or a splitfoyer stick-built house would look out of place in a 1920’s
bungalow neighborhood, a conventional manufactured
home would look out of place. The rules should govern all
development.
The same rule applies to environmental characteristics
of sites. Just as subdivision development should be
constrained in areas characterized by flooding, steep
slopes, highly-erodible soils, wetlands, and other limiting
factors, so should all development generally. Too often
manufactured homes are placed on inexpensive land where
development potential is marginal at best because of such
environmental conditions. This situation tends to reflect
weak or absent development standards generally. If land
is not suitable for the construction of a site-built home, it
is not a suitable site for a manufactured home.
Once development standards are enacted,
they can be applied to manufactured
homes that are to be replaced (i.e., the new
rules can be applied to the replacement of
existing manufactured homes that were
installed prior to the enactment of the
new development standards).
www.mscat.msstate.edu
662.325.6703
Permanent foundations. The APA’s report on trends and
issues associated with manufactured housing notes that 2001
Census figures showed 67 percent of new manufactured
homes were located on private property, with the remaining
33 percent located on leased land.9 The same report notes
that only about one in 100 manufactured homes are moved
once installed. Most purchasers of manufactured homes
intend for them to remain on their original site.
home occupants do not live near sirens and may not invest
in weather alert radios.
The American
following:
Meterological
Society
suggests
the
•
Mobile home residents use installation instructions
provided by home manufacturers to ensure that their homes
Requiring manufactured homes to be anchored to are properly anchored
permanent foundations not only makes them safer but also
Mobile home residents become familiar with the
allows them to be treated as real property for taxation10 and •
lending purposes (Title II FHA loans require permanent emergency procedures that they should follow in the event
foundations)11 and may reduce the difference in appearance of severe weather since injuries can occur during high wind
events even when proper anchoring procedures have been
relative to site-built homes.
used
“Packaging” manufactured homes with owned land may
also reduce the likelihood that they will depreciate over • Residents be prepared to immediately evacuate the
time, all things being equal. A study by the Consumers dwelling and seek a storm shelter in the event of a tornado,
Union found that appreciation rates of manufactured homes severe thunderstorm, or high wind warning
packaged with owned land “are statistically in line with the
site-built market.”12 As with site-built homes, location, • Adequate wind-resistant shelters be constructed in all
among other factors, makes a substantial difference in the mobile home communities 16
rate of appreciation or depreciation.
Foundation requirements should relate to conditions
characteristic of a community, the specific site, and the home
in question. Most areas of Mississippi are characterized
as being subject to the presence of active soils (meaning
soils shrink and swell with water content), potential seismic
activity, and/or high winds.13 The American National
Standards Institute (ANSI) has established standards for
manufactured home installation on permanent foundations.14
While a permanent foundation will increase the initial cost
of the home, it should improve the long-term value of the
investment and the overall safety of the structure.
Shelter from the storms. There seems to be an ongoing
battle between meteorologists and the manufactured home
industry concerning the relative safety of manufactured
homes during high wind events. A study by the National
Severe Storms Laboratory of the National Oceanic and
Atmospheric Administration estimates that mobile home
residents are killed at a rate of 15 times greater than those
occupying permanent homes.15 However, the study notes
that this is at least in part related to mobile home residents
not having sufficient access to warning information systems
and shelter. This could be because rural manufactured
written by:
Fire safety program. Firesafety.gov, a Web site providing
information from the centers for Disease Control and
Prevention, the Consumer Product Safety Commission,
and the U.S. Fire Administration, reports that manufactured
homes have a fire death rate that is 32-50 percent higher
than that of other dwellings.17 About one third of these
fires are attributable to the electrical system malfunctions.
Another issue is the maintenance of fire alarms. The HUD
code requires the installation of smoke alarms. However,
the National Fire Protection Association reported that in
1999, 38 percent of fires in manufactured homes built to
the current standards had no smoke alarms, suggesting
they had been unmaintained or removed by occupants.18
Most communities, and fire districts, have fire awareness
programs. Targeted outreach to occupants of manufactured
homes, including smoke alarm programs, is suggested.
Mobile home parks. While many mobile home parks can
provide a quality living environment for their occupants,
many were created prior to the adoption of national and
local standards and have not aged well. Now referred to as
land lease communities, those existing parks that provide
substandard living conditions should be rehabilitated and
L. Christopher Campany, ASLA AICP Assistant Professor Department of Landscape Architecture Mississippi State University
modernized. Enforcement of existing ordinances may be housing plan. This plan should address whether or not the
development of new land lease communities should be part
able to resolve some of the problems.
of the workforce housing strategy, and development law
Section 43-35-3 of the Mississippi Code addresses urban should reflect this plan.
renewal and redevelopment and gives municipalities
the authority to improve substandard conditions in
communities.
This is very serious business and should be done in
accordance with a well-conceived plan developed through
an extensive public participation process – especially the
participation of those who live in the substandard park. Such
actions almost always result in the displacement of current
residents, many of whom will be renters. Remember – most
people who occupy substandard housing do so because
they have no alternative. Quality affordable housing may
not be available. Provisions should be made to relocate
within the same locale those who will be displaced whether
they are owners or renters. Those same people should be
participants in the development of the relocation plan.
Plans, rules, and regulations are tools
that can be used to promote orderly
development and protect public health,
safety, and welfare. But planning tools, like
any other tools, can be abused. Planning
tools should be used to improve conditions
for those living in substandard housing
within your community.
These tools
should not be used to displace from your
community those who have been forced by
circumstance to depend upon substandard
housing for basic shelter needs.
Manufactured homes in Mississippi
Manufactured homes are not the same thing as modular or
panelized homes. Whereas the construction of manufactured
homes is regulated under the HUD code, the construction of
modular or panelized homes is regulated by the same local
and state building codes that regulate other site-built homes
(i.e., they are covered by the same codes as conventional
stick-built homes).
Modular homes are constructed from different “modules”
constructed in a controlled factory environment. These
modules are transported to and assembled together on
the home site. Like modular homes, panelized homes are
constructed from components assembled in a factory. The
most common panel-built components are roof and floor
If new land lease communities are to be allowed, standards trusses. Kit houses are another type of factory-built home
should be established that regulate their development and that make use of precut or prefabricated components and
ongoing maintenance. The trend has been away from the may make use of panel construction.
development of new land lease communities, but events
such as the opening of a major new employment center The benefits associated with both modular and panelized
may spur the interest of landowners. State law requires homes are decreased construction and assembly times,
that manufactured homes be allowed in at least some part which may decrease labor costs. Material costs may also
of a county or municipality. The law does not require that be less than those associated with a conventional stick-built
land lease communities be allowed. If substantial job home. The National Association of Home Builders (nahb.
growth is anticipated, the housing of workers – including org) provides information about these types of building
temporary workers – should be addressed by a workforce systems.
Mississippi State Community Action Team
www.mscat.msstate.edu
662.325.6703
Example: One house. Four types of
construction.
The advent of the “Katrina Cottage” as an alternative means
of both temporary and highly-adaptable permanent housing
are examples of affordable housing that may be developed
using stick-built, manufactured, modular, or panelized
housing systems. The traditional design of the structure
allows it to fit in with the character of most neighborhoods,
but the construction and installation costs are competitive
with the travel trailers used for temporary housing. A
number of variations on the design can be found at the New
Urban Guild Web site www.katrinacottages.com.
Mississippi was a leader in the development of this housing
model. One of the unique aspects of this model is the relative
simplicity with which the unit may be added to for expansion.
The Katrina Cottage website (katrinacottagehousing.org/
location.html) provides examples of this housing model
constructed using each type of building system.19
Additional Resources
• American Association of Retired Persons Issues in
Manufactured Housing
-www.aarp.org/research/housing-mobility
affordability/aresearch-import-770-FS16R.html
• American Planning Association (APA) Policy Guide on
Factory Built Housing
-myapa.planning.org/affordablereader/
policyguides/factoryhousing.htm
• American Planning Association Practicing Planner.
Manufactured Housing: Trends and Issues in the ‘Wheel
Estate’ Industry by Jerry Weltz
- myapa.planning.org/affordablereader/
pracplanner/essentialsvol2no4.htm
• Consumer’s Union’s Tips on Mobile Homes
-www.consumersunion.org/mh/
-www.consumersunion.org/other/mh/
brochure.htm
Mississippi State Community Action Team
• Katrina Cottages
-www.katrinacottagehousing.org
-www.katrinacottages.com
• Manufactured Housing Institute
-www.manufacturedhousing.org
• National Association of Home Builders
-www.nahb.org
• Permanent Foundations Guide prepared by the
Manufactured Housing Research Foundation for the U.S.
Department of Housing and Urban Development Office
of Policy Development and Research available from
Huduser.org
-www.huduser.org/publications/destech/
permfound.html
www.mscat.msstate.edu
662.325.6703
1
Merriam-Webster Online www.merriam-webster.com/dictionary/
stereotype%5B2%5D
12
Jewell, Kevin. Manufactured Housing Appreciation: Stereotypes and Data. April,
2003. Consumers Union Southwest Regional Office. www.consumersunion.org/pdf/
mh/Appreciation.pdf
2
U.S. Census Bureau Structural and Occupancy Characteristics of Housing: 2000
www.census.gov/prod/2003pubs/c2kbr-32.pdf
3
U.S. Census Bureau Historical Census of Housing Tables Homeownership by
Selected Demographic and Housing Characteristics
www.census.gov/hhes/www/housing/census/historic/ownerchar.html
13
Partnership for Advanced Technology in Housing Excellence in Design,
Manufacturing and Installation Series: Guide to Foundation and Support Systems
for Manufactured Homes. March 27, 2002. www.huduser.org/publications/destech/
permfound.html
14
4
American Planning Association (APA) Policy Guide on Factory Built Housing.
March 11, 2001. myapa.planning.org/affordablereader/policyguides/factoryhousing.htm
American Planning Association (APA) Policy Guide on Factory Built Housing.
March 11, 2001.
15
5
Section 75-49-3 of the Mississippi Code of 1972. Definitions. http://michie.com/
mississippi/lpext.dll?f=templates&fn=main-h.htm&cp=
NOAA National Severe Storms Laboratory. NSSL Briefings – Mobile Homes and
Tornado Fatalities. August, 2005. Volume 5, Number 2 www.nssl.noaa.gov/briefings/
vol5_no2/mobilehomes.html
6
16
This website of the Institute for Building Technology and Safety provides examples
of certification, or HUD, labels. www.ibts.org/certification_label.shtml
7
Section 17-1.39 of the Mississippi Code of 1972. Zoning ordinances relating to
factory manufactured movable homes authorized. http://michie.com/mississippi/lpext.
dll?f=templates&fn=main-h.htm&cp=
American Meteorological Society Statement on Mobile Homes and Severe
Windstorms. Bulletin of the American Meteorolgical Society 86. October 8, 2004.
www.ametsoc.org/POLICY/statement_2004_mobilehomes.html
17
Firesaftey.gov for Citizens. Manufactured Home Fire Safety www.firesafety.gov/
citizens/firesafety/manufactured.shtm
18
8
42 USC Chapter 70 Manufactured Home Construction and Safety Standards. http://
uscode.house.gov/download/pls/42C70.txt
National Fire Protection Association. Fire Safety in Manufactured Homes.
www.nfpa.org/itemDetail.asp?categoryID=408&itemID=17750&URL=Safety%20
Information/For%20consumers/Escape%20planning/Fire%20safety%20in%20
manufactured%20homes
9
Weltz, Jerry. American Planning Association Practicing Planner. Manufactured
Housing: Trends and Issues in the ‘Wheel Estate’ Industry. Winter, 2004. myapa.
planning.org/affordablereader/pracplanner/essentialsvol2no4.htm
19
Marianne Cusato www.katrinacottagehousing.org
10
Section 27-53-15 of the Mississippi Code of 1974 establishes the conditions by
which a manufactured home may be taxed as real property or personal property.
11
Federal requirements for permanent foundations may be found in the U.S.
Department of Housing and Urban Development Office of Policy Development and
Research “Permanent Foundations Guide for Manufactured Homes”. http://portal.hud.
gov/pls/portal/docs/PAGE/FHA_HOME/CONSUMERS/MANUFACTURED_HOMES/
FOUND_GD/FOUNDATION_GUIDE_COMPLETE.PDF
written by:
L. Christopher Campany, ASLA AICP Assistant Professor Department of Landscape Architecture Mississippi State University