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Code · BILL · 119th Congress · H.R. 6644 (Reported in House) — A bill to increase the supply of housing in America, and for other purposes. · Sec. 301

Sec. 301. Manufactured Housing Innovations

1,240 words·~6 min read·/bill/119/hr/6644/rh/section-301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 603(6) of the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5402(6) ) is amended by striking on a permanent chassis and inserting with or without a permanent chassis . Section 604(a) of the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5403 ) is amended by adding at the end the following: The Secretary shall issue revised standards for manufactured homes built without a permanent chassis and shall consult with the consensus committee in the development of such revised standards, using the process described in paragraph (4).
The Secretary shall, after consulting and conferring with the consensus committee, establish standards to ensure manufactured homes without a permanent chassis have— a distinct label to be issued by the Secretary distinguishing manufactured homes built without a permanent chassis from manufactured homes built on a permanent chassis; a data plate, as described in section 3280.5 of title 24, Code of Federal Regulations, distinguishing manufactured homes built without a permanent chassis from manufactured homes built on a permanent chassis; and a notation on any invoice produced by the manufacturer of a manufactured home that is distinguishable from the invoice for a manufactured home constructed with a permanent chassis. .
Section 604 of the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5403 ) is amended by adding at the end the following: Subject to subparagraph (B), not later than 1 year after the date of enactment of this subsection, a State shall submit to the Secretary an initial certification that the laws and regulations of the State— treat a manufactured home without a chassis in parity with a manufactured home (as defined and regulated by the State); and subject a manufactured home without a permanent chassis to the same laws and regulations of the State as a manufactured home built on a permanent chassis with respect to financing, title, insurance, manufacture, sale, taxes, transportation, installation, and other areas as the Secretary determines, after consultation with and approval by the consensus committee, are necessary to give effect to the purpose of this section.
Any State plan submitted under section 623(c) of the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5422(c) ) shall contain the required State certification under subparagraph
(A)or paragraph
(3)and, if contained therein, no additional or State certification under subparagraph
(A)or paragraph (3). With respect to a State with a legislature that meets biennially, the deadline for the submission of the initial certification required under subparagraph
(A)shall be 2 years after the date of enactment of this subsection. The Secretary may not waive the prohibition described in paragraph (5)(B) with respect to a certification submitted after the deadline under subparagraph
(A)or paragraph
(3)unless the Secretary approves the late certification. Nothing in this subsection shall be construed to prevent a State from submitting the initial certification required under subparagraph
(A)after the required deadline under that subparagraph. The initial certification required under paragraph (1)(A), if not submitted with a State plan under paragraph (1)(B), shall contain, in a form prescribed by the Secretary, an attestation by an official that the State has taken the steps necessary to ensure the veracity of the certification required under paragraph (1)(A), including, as necessary, by— amending the definition of manufactured home in the laws and regulations of the State; and directing State agencies to amend the definition of manufactured home in regulations. Not later than a date to be determined by the Secretary each year, a State shall submit to the Secretary an additional certification that— confirms the accuracy of the initial certification submitted under subparagraph
(A)or
(B)of paragraph (1); and certifies that any new laws or regulations enacted or adopted by the State since the date of the previous certification do not change the veracity of the initial certification submitted under paragraph (1)(A). The Secretary shall publish and maintain in the Federal Register and on the website of the Department of Housing and Urban Development a list of States that are up-to-date with the submission of initial and subsequent certifications required under this subsection. In this paragraph, the term covered manufactured home means a home that is— not considered a manufactured home under the laws and regulations of a State because the home is constructed without a permanent chassis; considered a manufactured home under the definition of the term in section 603; and constructed after the date of enactment of this subsection. If a State does not submit a certification under paragraph (1)(A) or paragraph
(3)by the date on which those certifications are required to be submitted— with respect to a State in which the State administers the installation of manufactured homes, the State shall prohibit the manufacture, installation, or sale of a covered manufactured home within the State; and with respect to a State in which the Secretary administers the installation of manufactured homes, the State and the Secretary shall prohibit the manufacture, installation, or sale of a covered manufactured home within the State. . The Secretary of Housing and Urban Development may coordinate with the heads of other Federal agencies to ensure that Federal agencies treat a manufactured home (that is defined in Federal laws and regulations other than section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5402 )) in the same manner as a manufactured home (that is defined in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5402 )), as amended by this Act. Section 609 of the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5408 ) is amended— in paragraph (1), by striking and at the end; in paragraph (2), by striking the period at the end and inserting ; and ; and by adding at the end the following: model guidance to support the submission of the certification required under section 604(i). . Nothing in this section or the amendments made by this section may be construed as limiting the scope of Federal preemption under section 604(d) of the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5403(d) ). The National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5401 et seq. ) is further amended— in section 603(7), by inserting energy efficiency, after design, ; and in section 604, by adding at the end the following: The Secretary shall have the primary authority to establish Federal manufactured home construction and safety standards. The head of any Federal agency that seeks to establish a manufactured home construction and safety standard on or after the date of the enactment of this subsection— shall submit to the Secretary a proposal describing such standard; and may not establish such standard without approval from the Secretary. The Secretary shall reject a standard submitted to the Secretary for approval under subparagraph (A)— if the standard would significantly increase the cost of producing manufactured homes, as determined by the Secretary; if the standard would conflict with existing manufactured home construction and safety standards established by the Secretary; or for any other reason as determined appropriate by the Secretary. Nothing in this subsection may be construed to require the Secretary to establish new or revised Federal manufactured home construction and safety standards. .
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cites case law
Sec. 301
Manufactured Housing Innovations
U.S.C.§ 5402
U.S.C.§ 5403
U.S.C.§ 5422
U.S.C.§ 5408
U.S.C.§ 5401
Cites 5Cited by 0 across 0 sources
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