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Summary of State Laws and Court Cases Regarding the Zoning, Placement, and Tax Treatment of Manufactured Housing

Print Version


ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH DAKOTA
SOUTH CAROLINA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING
     
     

ALABAMA

§ 32-8-31 Surrender of title.

No certificate of title shall be issued for any of the following: (9) A new manufactured home placed on the owner’s land when classified as real property, through the surrender of the manufacturer’s certification of origin and a real property deed issued.

The procedure to surrender a title on a manufactured home, if placed on the homeowners property that was issued a title, is still in place. This new law is for manufactured homes placed on real property after January 1, 2004.

ALASKA

Alaska has not addressed these issues at the state level.

ARIZONA

§ 42-15202 Assessment of permanently affixed mobile homes as real property.

A manufactured home that has been permanently affixed to real property, with a recorded affidavit of fixture, shall be assessed as real property. This section becomes effective on January 1, 1999.

ARKANSAS

§ 14-54-1604.Municipal regulation of manufactured homes.

(a) (1) Municipalities that have zoning ordinances shall allow the placement of manufactured homes on individually-owned lots in at least one (1) or more residential districts or zones within the municipality.
(2) Municipalities shall not establish or continue in effect any ordinance or regulation that restricts the placement of manufactured homes only to mobile home parks, subdivisions, or land lease communities.

(b) Municipalities may establish reasonable regulations or conditions for the placement of manufactured homes including but not limited to: perimeter foundation, connection to utilities, building setbacks, side or rear yard offsets, off-street parking, construction of carports, garages and other outbuildings, entry and exits, and other regulations that are applicable to other single family dwellings in the same residential district.

(c) Municipalities shall not impose regulations or conditions on manufactured homes that prohibit the placement of manufactured homes or that are inconsistent with the regulations or conditions imposed on other single family dwellings permitted in the same residential disctrict.

§ 26-3-203. Mobile homes and manufactured homes.

Mobile and manufactured homes shall be deemed real property for the purpose of ad valorem property taxation.

§ 20-25-109. Manufactured Homes Standards - Label of Compliance.

(d)(1) All manufactured homes bearing a department label issued by the department pursuant to this chapter shall be deemed to comply with the requirements of all ordinances or regulations enacted by any local government which are applicable to the construction of housing.

§ 27-14-1603.Cancellation of title.

(a)If a manufactured home is to be affixed to real estate, the manufacturer’s certificate of the original document of title may be surrendered to the Department of Finance and Administration for cancellation.

(b)(1) The Director of Finance and Administration may require the filing of pertinent information for the cancellation of manufactured home titles.

(2) The director shall have the authority to promulgate rules and regulations to establish a procedure for the cancellation of manufactured home titles.

CALIFORNIA

California Government Code § 65008

Section (h) declares that "discriminatory practices which inhibit the development of housing for persons and families of low, moderate, and middle income, or emergency shelters for the homeless, are a matter of statewide concern." Section (a) prohibits any action by a local government agency if it denies residence, landownership, tenancy, or any other land use because a residential development is intended for occupancy by persons or families of low, moderate or middle income. Local government agencies are also prohibited from imposing different requirements on residential developments for persons or families of low, moderate or middle income than those imposed on developments generally. The term "residential development" includes manufactured homes.

California Government Code § 65583 Contents of housing element.

Housing must be provided for all economic segments of the population. The housing authority, called the "housing element" shall "identify adequate sites for housing, including rental housing, factory-built housing, and mobilehomes." Under subsection (c)(1) the statute provides that adequate sites will be made available through "appropriate zoning and development standards . . . to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes."

California Government Code § 65852.3 Manufactured homes; installation on lots zoned for single-family dwelling.

Permanently sited manufactured homes built to the HUD Code may not be excluded from lots zoned for single-family dwellings, and are subject to the same rules as site-built homes, except architectural requirements concerning the manufactured home’s roof overhang, roofing materials, and siding materials. Lots zoned for single-family dwellings can be specifically designated for use by manufactured homes. This section was added in 1980, and amended in 1994 to substitute the term "manufactured home" for "mobilehome."

California Government Code § 65852.4 Manufactured homes; administrative permit.

A city or county may not subject an application to permanently site a manufactured home on a lot zoned for single-family residential dwelling, to any administrative permit, planning or development process, or requirement which would not be imposed on a conventional single-family residential dwelling. However, a city or county may require that the applicant comply with certain architectural requirements permitted by 65852.3 even if they are not required of conventional single-family residences. This section was added in 1988.

California Government Code § 65852.5 Manufactured homes; size requirements for roof overhang.

A city or county may not impose more restrictive size requirements for a roof overhang on a manufactured home than the size requirements for a conventional single-family dwelling. When there are no size requirements for either structure, a city or county may impose a roof overhang requirement not to exceed 16 inches on manufactured homes. This section was added in 1990.

California Health and Safety Code § 18551

Section (a)(4) provides that once a manufactured or mobile home is installed on a permanent foundation, on property which is owned (or in some cases leased) by the home owner, the home is a fixture to the real property. No local agency may require any manufactured home in a park to be placed on a permanent foundation.

California Health and Safety Code § 50007.5

This section declares that manufactured housing can provide a source of decent, safe, and affordable shelter for persons and families of low and moderate income. The Legislature intends to encourage the increased affordability and availability of manufactured housing for persons and families of low and moderate income.

California Civil Code § 714.5 Application of governing documents to structure intended for occupancy constructed in offsite facility or factory and subsequently moved or transported in sections or modules.

The covenants, conditions, and restrictions or other management documents shall not prohibit the sale, lease, rent, or use of real property on the basis that the structure intended for occupancy on the real property is constructed in an offsite facility or factory, and subsequently moved or transported in sections or modules to the real property. Nothing herein shall preclude the governing documents froom being uniformly applied to all structures subject to the covenants, conditions, and restrictions or other management documents. This section shall apply to covenants, conditions, and restrictions or other management documents adoped on or after the effective date of this section. Added Stats 1987 Ch. 1339, Section 1.

COLORADO

§ 30-28-115 Public welfare to be promoted--legislative declaration--construction regarding Part 1 on County Planning.

Section (3)(b) provides that no county may enact regulations which effectively exclude manufactured homes from the county, as long as the manufactured homes meet or exceed, "on an equivalent performance engineering basis," county building code standards. Section (3)(a)(II) defines this to mean that manufactured homes must meet health, safety, and functional requirements to the same extent as single family homes. Manufactured homes are defined in Section (3)(a) to mean single family dwellings which are manufactured in a factory, constructed at least 24 feet in width and 36 feet in length, installed on a permanent foundation, contains cosmetically equivalent siding, constructed with a pitched roof, and meet the standards of the National Manufactured Housing Construction and Safety Standards Act.

§ 31-23-301(5) Zoning - Grant of power.

No municipality can exclude manufactured homes that meet or exceed, on an equivalent basis, standards of the municipal building code. The manufactured homes must be no less than 24 feet by 36 feet, installed on a permanent foundation, with cosmetically equivalent exterior siding, and a pitched roof. This section shall not prevent a municipality from enacting requirements relating to permanent foundations, minimum floor space, unit size or sectional requirements, improvement location, side yard, and setback standards.

§ 31-23-303 Legislative declaration.

Section 3 declares the availability and affordability of housing to be a matter of statewide concern, and promotes the use of manufactured housing.

§ 38-41-201.5 Legislative declaration of homestead exemption for mobile homes.

The general assembly declared that "mobile homes are dwellings that should be accorded a status equivalent to conventional homes." Mobile homes have a dual nature in the area of taxation, and they should be entitled to a homestead exemption.

§ 38-41-201.6 Mobile home or manufactured home homestead exemption.

Mobile or manufactured homes that have been purchased and issued a certificate of title pursuant to section 38-29-110 or 38-29-108 are entitled to a homestead exemption. For the purposes of this exemption, the term "house" shall include mobile and manufactured homes. This law was enacted in 1982, but was amended to include manufactured homes in 1994 and became effective January 1, 1995.

§ 39-5-201 Legislative declaration.

The taxation of mobile homes must be equivalent to that of conventional homes. Local governments shall not impose licenses or other special fees on the ownership or occupancy of mobile homes that are not similarly imposed on conventional homes.

CMHA v. Pueblo County, 857 P.2d 507 (Colo. App. 1993).

The Colorado Supreme Court (Case No. 93SC235) affirmed the decision of the Colorado Court of Appeals, holding that the manufacturer and retailer of a HUD Code home had federal rights under the Commerce Clause of the U.S. Constitution. The court found that local restrictions requiring homes in single-family residential zones to be constructed to the UBC Code amounted to a restraint of trade. The manufacturer and retailer recovered damages and the decision opened the door to overturn "UBC only" local standards.

CMHA v. Board of Co. Comm’rs, 946 F. Supp. 1539 (D. Colo. 1996)

The Colorado Manufactured Housing Association (CMHA), along with its dealer and builder members, sued two towns and two cities with zoning ordinances that restricted the placement of manufactured homes. The District Court granted summary judgment against the Town of Silt and the City of Salida, finding that NMHCSSA preempted the zoning ordinances, which required all homes to meet the local building codes for placement in residential zoning districts. The Court found the City of Fountain and the Town of Frederick’s ordinances were not preempted by federal law because they uniformly excluded all manufactured homes from residential zoning districts. The Court also found that the City of Fountain’s ordinance was not preempted by state law, which prohibited municipalities from enacting zoning ordinances excluding manufactured homes. There was no state law preemption because the City of Fountain’s ordinance excluded manufactured homes from residential districts, but did not entirely exclude manufactured homes from the City. The District Court held that the case should go to trial to determine whether the plaintiffs could recover damages from the four municipalities based on claims of constitutional violations.

CMHA v. City of Salida, 977 F. Supp. 1080 (D. Colo. 1997)

The CMHA sued four municipalities with zoning ordinances that restricted the placement of manufactured homes. The District Court granted CMHA summary judgment, finding that two zoning ordinances were preempted by NMHCSSA (see CMHA v. Board of Co. Comm’rs). At trial, the District Court ruled that the plaintiffs could not recover damages from any of the municipalities pursuant to 42 U.S.C. 1983 because none of the ordinances violated the Constitution. The Court found that restricting the placement of manufactured homes was a valid exercise of police power because the municipalities reacted rationally to the public perception that manufactured homes threatened to devalue property, which did not violate the Equal Protection or the Due Process Clauses of the Constitution. The District Court also held that the ordinances did not unduly burden interstate commerce because the ordinances affected members of the industry equally, regardless of location.

CONNECTICUT

§ 8-2 Zoning regulations.

This section authorizes local zoning commissions to regulate land use within their jurisdiction, but such regulations shall provide substantially the same standards for manufactured homes built to the HUD Code, which are 22 feet or more in width, as for single-family site-built homes.

§ 8-25 Subdivision of land.

Local zoning commissions review plans and regulate subdivisions within their jurisdiction. However, such regulations may not impose substantially different requirements on manufactured homes built to the HUD Code, which are 22 feet or more in width, as on single-family dwellings. The regulations also may not differentiate between manufactured home developments and other multi-family dwellings.

§ 8-250 Purpose and powers of authority.

This section lists the purposes and powers of the Connecticut Housing Finance Authority, which include encouraging individual homeownership by persons of low and moderate income, and encouraging government agencies and others to assist in overcoming the lack of adequate housing for low and moderate income persons and families.

§ 12-63a. Taxation of mobile manufactured homes and mobile manufactured home parks.

A manufactured home placed on property owned by the home owner shall be assessed in the same manner as any dwelling house.

DELAWARE

9 Delaware Code § 313 Use of mobile homes on farms.

Farm owners have a right to place one (or two, if the farm is 50 or more acres) manufactured homes on their farm property. DISTRICT OF COLUMBIA The District of Columbia has not addressed these issues.

FLORIDA

§ 163.3177(6)(f) Required and optional elements of comprehensive plan.

As part of their comprehensive plan, localities must provide adequate sites for future housing, including sites for mobile homes.

Florida Administrative Code Rule 9J-5.010 Housing Element.

The purpose of the comprehensive plan’s "Housing Element" is to solve the problem of the shortage of affordable housing by providing "adequate sites for housing for very-low-income, low-income and moderate-income households, and for mobile homes."

§ 193.075 Mobile homes.

A mobile home which is permanently affixed to the land will be taxed as real property, if the owner of the mobile home is also the owner of the property on which it sits. A mobile home is considered permanent if it is tied down and connected to usual facilities. A mobile home that is not taxed as real property shall have a current license plate. This section was enacted in the 1995 session, and became effective on January 1, 1996.

§ 319.261 Process of retiring title

Provides a process to retire the title of a mobile, or manufactured, home when the home is permanently affixed to real property.

§ 320.015 Taxation of mobile homes.

A manufactured home is classified as real property when the home owner also owns the land, and the home is permanently affixed to such land.

§ 320.8285(5) Onsite inspection of mobile homes.

Local jurisdictions may impose architectural and aesthetic requirements on the siding and roofing of mobile homes, but all such regulations and requirements must be reasonable, uniformly applied, and enforced without distinction as to whether housing is manufactured, located in a mobile home park, or site-built. This provision was enacted in 1994.

§ 553.38 Application and scope of Part IV Factory-Built Housing.

All local land use and zoning requirements must be reasonable, and uniformly applied and enforced, without distinction as to whether a building is conventionally constructed or manufactured. This provision was enacted in 1984.

Scurlock v. City of Lynn Haven, 858 F.2d 1521 (11th Cir. 1981).

The Eleventh Circuit struck down a city ordinance which imposed greater safety requirements on manufactured homes than the requirements of the National Manufactured Home Construction and Safety Standards Act, because the federal act preempted the local ordinance.

GEORGIA

§ 8.2.180 Provides for a Conversion to Real Property

Allows a manufactured or mobile home to become real property provided the home is or is to be permanently affixed on real property and one or more persons with an ownership interest in the home also has an ownership interest in such real property. Provides a process for title conversion.

Cannon v. Coweta County, 389 S.E.2d 329 (1990).

The court struck down a municipal zoning ordinance that prohibited siting manufactured homes in areas other than in manufactured home parks, because the ordinance was not sufficiently related to the public health, safety and welfare, and thus not within the scope of the county’s zoning authority.

Georgia Mfr. Housing Ass., Inc. v. Spalding Co., 148 F.3d 1304 (11th Cir. 1998).

The Eleventh Circuit Court of Appeals upheld Spalding County’s zoning ordinance, which imposed a 4:12 roof pitch requirement on manufactured homes. The Court overruled the lower district court’s decision that the local roof pitch requirement impaired the Federal government’s superintendence of the manufactured home industry, that the requirement had no substantial relation to the promotion of safe, attractive, and affordable housing, that the requirement unduly burdened interstate commerce, and that the ordinance violated the plaintiffs’ substantive due process rights.

The Eleventh Circuit held that the roof pitch requirement was an aesthetic standard that fell outside the preemptive reach of the Manufactured Housing Construction and Safety Standards Act. In a footnote, the Court criticized its own 1988 Scurlock v. Lynn Haven decision (see above), which broadly interpreted the preemptive scope of the Act. The Court also found that the ordinance satisfied the rational basis test because its purported purpose was to further aesthetic compatibility. Finally, the Court dismissed the argument that it burdened interstate commerce, because it treated all manufactured home manufacturers equally, regardless of their location.

HAWAII

HRS § 226-106 Affordable housing.

This section provides guidelines for how to promote affordable housing. Guideline two states, "Encourage the use of alternative construction and development methods as a means of reducing production costs." Guideline four states, "Create incentives for development which would increase home ownership and rental opportunities for Hawaii’s low- and moderate-income households." Both of these guidelines imply support for manufactured housing. This was enacted in 1986.

IDAHO

§ 63-303 Assessment of manufactured homes.

Manufactured homes shall be assessed the same as other residential housing. Manufactured homes eligible to be used under a dealer’s license plate and homes designated as sheep and cow camps are exempt from this provision. This statute was enacted in the 1996 session, and became effective January 1, 1997.

§ 63-304 Manufactured homes to constitute real property.

A manufactured home may constitute real property if the running gear is removed and 1) the manufactured home becomes permanently affixed to land which is owned or being purchased by the owner or purchaser of the manufactured home, and 2) the owner or purchaser records a statement of intent to declare the home as real property. All county assessors are required to treat those manufactured homes as any other site-built home. This section was enacted by the 1996 session and became effective on January 1, 1997.

§ 67-6502 Local planning - purpose.

One of the purposes of this Act is that accommodations be made for necessary types of development, such as "low cost housing and mobile home parks."

§ 67-6508 Planning duties.

Local Planning and Zoning Commissions must include in their housing plans the provision for manufactured housing on individual lots in single-family residential areas or in subdivisions, and mobile home parks.

§ 67-6509A regarding the siting of manufactured homes in residential areas.

Manufactured homes are permitted on all land zoned for single-family residential use, except in historic districts. Local zoning boards may adopt set standards, as spelled out in this section, or less restrictive standards relating to size, appearance, garage specifications, and roof pitch. The boards may not enact stricter standards than those listed in this section. This provision became effective on July 1, 1996.

ILLINOIS

§ 115/1 Legislative findings

The General Assembly finds that there is a serious housing shortage and that mobile homes can contribute to the quality housing of Illinois citizens.

§ 115/2.1 Mobile home

The term "mobile home" includes manufactured homes built in accordance with the HUD Code.

§ 515/1 Mobile home defined

A mobile home, including HUD Code manufactured home, shall be assessed and taxed as real property if it rests on a permanent foundation with the wheels, tongue and hitch removed.
Attorney General Ronald W. Burris’ Opinion "Zoning: Authority of a County or Municipality to Enact Ordinances Restricting the Placement of Manufactured Homes," June 9, 1994.

The Attorney General’s Opinion stated that non-home-rule counties may not require manufactured homes, produced after June 15, 1976, to satisfy construction and safety standards other than those set out in the National Manufactured Housing Construction and Safety Standards Act of 1974 and the rules promulgated thereunder. He stated that the satisfaction of other standards is preempted by federal law. The Attorney General gave his opinion that non-home-rule counties and municipalities may restrict, but not prohibit, the placement within their jurisdiction of manufactured homes as an exercise of their zoning authority.

The Attorney General stated that non-home-rule counties and municipalities may enact reasonable building and construction standards for manufactured homes which were produced before June 15, 1976, and may prohibit the use within their jurisdiction of manufactured homes which do not satisfy those standards. A county may not per se prohibit the placement of any manufactured home built prior to June 15, 1976, based solely upon the date of manufacture. Finally, the county or municipality may regulate the placement and use of buildings and structures through the use of their zoning powers.

INDIANA

§ 36-7-4-1106 Comprehensive plans and ordinances -- Standards and requirements for dwelling units and lots.

Comprehensive plans and ordinances adopted under the provisions of this chapter must subject dwelling units and lots to identical standards and requirements, whether or not the dwelling unit to be placed on a lot is a manufactured home or some other type of dwelling unit. Section (d) provides that local ordinances may not exclude manufactured homes built after January 1, 1981, which exceed 950 square feet, from installment as permanent residences on lots which do not restrict the placement of other types of dwelling units.

§ 9.13.2.96 Conversion to Real Estate

A person who holds a certificate of title or a certificate of origin for a manufactured home that is attached to
real estate by a permanent foundation may apply for an affidavit of transfer to real estate. Provides a process for retiring title.

IOWA

§ 335.30 and § 414.28 Manufactured home.

Cities and counties may not disallow manufactured homes as residential structures solely because they were built in a factory. Manufactured homes shall be installed in accordance with the same standards as site-built, single-family homes, and shall be assessed and taxed as site-built dwellings. These standards include requiring a foundation system, setback, and minimum square footage. A zoning ordinance or other regulation shall not require a perimeter foundation system for a manufactured home which is incompatible with the structural design of the manufactured home structure. A county shall not require more than one permanent foundation system for a manufactured home, and a pier foundation system may be used which has been deemed compatible with the structure and the site. Requirements may be imposed to ensure visual compatibility of the foundation system with other structures when the home is located outside a park.

Cities and counties may not impose width standards greater than 24 feet, roof pitch, or other design standards on manufactured homes. Width standards may not be imposed at all on a single manufactured home sited on agricultural land. The Manufactured Housing Developer Protection Act amended these sections in 1997.

§ 335.30A and § 414.28A Land-leased communities.

Cities and counties may not disallow the plans and specifications of land-leased communities solely because the housing within the community consists of modular or manufactured homes. These sections were enacted by the Manufactured Housing Developer Protection Act in 1997.

§ 403.22 Public improvements related to housing and residential development--low income assistance requirements.

Municipal public improvement projects related to housing and residential development must include assistance for low and moderate income family housing. Section 6 states that a municipality may not prohibit or restrict the construction of manufactured homes in any public improvement project finalized under this section.

§ 435.26 Conversion to real property.

Mobile, modular, and manufactured homes may be converted to real estate and assessed as such by being placed on a permanent foundation on property outside a park. After conversion to real estate, the home is eligible for the homestead tax credit and the military tax exemption.

§ 435.26A Conversion to Real Property - Leasehold

A person who owns a manufactured home that is located in a manufactured home community and is installed on a permanent foundation may surrender the manufactured home’s certificate of title. After the surrender of a manufactured home’s certificate of title under this section, the manufactured home shall continue to be taxed under section 435.22.

§ 435.35 Existing home outside of mobile home park--exemption.

If a mobile, manufactured, or modular home was located on property outside a park on or before January 1, 1995, it shall be assessed and taxed as real estate. The home does not have to be placed on a permanent foundation unless it is relocated.

Letter from Assistant Attorney General Julie F. Pottorff, January 10, 1985 Advisory Opinion.

Pottorff’s letter advised that 42 U.S.C. 5401 prevents a municipality from excluding a manufactured home from a residential zone solely because it does not comply with the Uniform Building Code (UBC).

KANSAS

§ 12-763 Planning and zoning.

The governing body shall not adopt or enforce zoning laws that exclude manufactured homes from entire zoning jurisdictions, or that exclude "residential design" manufactured homes from single-family districts solely because they are manufactured homes. This was enacted in 1991.

§ 12-742 Same; definitions.

"Residential-design manufactured home" is a manufactured home on a permanent foundation constructed at least 22 feet wide with a pitched roof and siding and roofing materials customarily used in site-built homes.

§ 79-340 Mobile and manufactured homes as personal property; exception.

Mobile and manufactured homes will not be classified as personal property if the home is located on a permanent foundation on land that is also owned by the home owner or that person’s spouse.

KENTUCKY

§ 132.751 Classification of certain mobile homes and certain recreational vehicles as real property.

Mobile homes that are not held for resale by a dealer shall be classified as real property.

§ 100.348 Compatibility standards for manufactured homes-Definitions-Adoption of standards by local governments (Effective July 1, 2003)

Section (2)
"Compatibility standards" means standards that have been enacted by a local government under the authority of this section for the purpose of protecting and preserving the monetary value of real property located within the local government’s jurisdication;

"Manufactured home" means a single-family residential dwelling constructed after Jun 15, 1976, in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974. . . and designed to be used as a single-family residential dwelling with or without permanent foundation when connected to the required utilities, and which includes the plumbing, heating, air conditioning, and electrical systems;

"Qualified manufactured home" means a manufactured home that meets the following criteria: Is manufactured on or before July 15, 2002; is affixed to a permanent foundation; has a width of at least twenty feet at its smallest width measurement or is two stories high and oriented on the lot or parcel so that its main entrance door faces the street; has a minimum total living area of nine hundred square feet; and is not located within a manufactured home land-lease community.

Section (3)
Any local government may adopt and enforce as a part of its zoning regulations, compatibility standards governing the placement of qualified manufactured homes in residential zones. . . Compatibility standards shall be adopted, amended, and enforced in the same manner as other zoning regulations and shall be in addition to any zoning regulations that are generally applicable to single-family residences. The compatibility standards shall be designed to ensure that when a qualified manufactured home is placed in a residential zone it is compatible, in terms of assessed value, with existing housing located with a one-eighth mile or less radius from the proposed location of the qualified manufactured home.

LOUISIANA

Louisiana has not addressed these issues at the state level. Expected to in the 2004 Session.

MAINE

§ Title 30-A 4326 Local growth management program.

A municipality’s local growth management program shall include a comprehensive plan and an implementation program. This statute lists items which a comprehensive plan must include. Section 3.G. provides that land use policies and ordinances must encourage the siting and construction of affordable housing within the community, and comply with the siting and design requirements for mobile homes and mobile home parks of section 4358. Municipalities are encouraged to use cluster zoning, reduction of lot sizes, and increased density of municipally owned land to assist the development of affordable housing. This section was added in 1993 and became effective October 1, 1994.

§ Title 30-A 4358(2) Location of manufactured housing.

Manufactured homes are permitted on single-family zoned lots, but may be subject to certain design criteria, e.g. permanent foundations; pitched, shingled roof; and exterior siding that is residential in appearance. This was enacted in 1989.

MARYLAND

§ 8-234

A manufactured or mobile home that is or may be used for residential purposes and is permanently attached to land or connected to utilities shall be assessed as an improvement to real property to the owner of the land, unless such home is located on a rented space in a manufactured home park.

MASSACHUSETTS

Chapter 40A: Section 3. Subjects which zoning may not regulate; exemptions; public hearings; temporary manufactured home residences.

No zoning ordinance may prohibit the owner and occupier of a residence which has been destroyed by fire or other natural holocaust from placing a manufactured home on such site for a period not to exceed 12 months, while the residence is being rebuilt.

MICHIGAN

§ 125.1401 Purpose

This section declares that there is a seriously inadequate supply of and pressing need for safe and sanitary dwelling accommodations for low and moderate income families or persons. Therefore, it is a valid public purpose to finance mobile homes, mobile home parks, and mobile home condominium projects in order to facilitate the provision of affordable housing.

§ 125.2307 Higher standards proposed by local governments

Section 7, (3)-(6) provides that a local government ordinance shall not be designed to exclude mobile homes, whether the mobile homes are located in or outside of mobile home parks. Local installation ordinances shall not impose stricter requirements than federal standards or those recommended by the manufacturer. In the absence of any installation standards, the local standards for site-built housing apply. Local standards for roof configuration or special use regulations may not apply only to, or exclude, manufactured homes. Manufacturing or construction standards that are more stringent than or incompatible with federal standards are also prohibited. A local government may develop reasonable aesthetic standards to ensure that manufactured housing compares favorably with site-built housing.

§ 211.2a Mobile homes; assessment

Mobile homes (including manufactured homes) shall be assessed as real property. They are not required to be permanently affixed to the land.

§ 125.2330i Conversion to Real Property

Provides conditions and process for retiring title for manufactured and mobile homes when permanently affixed to real estate or long term leasehold interest.

Robinson Township v. Knoll, 302 N.W.2d 146 (1981).

The court ruled that an ordinance which excluded manufactured homes from all areas outside of mobile home parks was unconstitutional. But the municipality could exclude manufactured homes from some residential areas. Also, the municipality could require reasonable standards to assure that manufactured homes would compare favorably with site-built housing.

MINNESOTA

§ 273.125 Assessment of manufactured homes.

Subdivision 8(b) provides that manufactured homes are valued and assessed as an improvement to real property if the home owner also owns title to the land where the home is located, the home has a permanent foundation or is affixed to the land like other real property in the taxing district, and the unit is connected to public utilities.

§ 168A.141 Manufactured Homes; affixed to real property

Allows for manufactured homes affixed to real property to surrender certificate of origin or title. Provides for other terms and conditions.

§ 366.151 - Manufactured Homes.

A town board, county and municipality must not enact, amend, or enforce a zoning ordinance that has the effect of altering the existing density, lot-size requirements, or manufactured home setback requirements in any manufactured home park constructed before January 1, 1995, if the manufactured home park, when constructed, complied with the existing density, lot-size and setback requirements.

§ 366.152 Conditional uses.

A manufactured home park is a conditional use in a zoning district that allows the construction or placement of a building used or intended to be used by two or more families.

§ 394.25 Forms of control.

Subdivision 3 provides that zoning ordinances may not prohibit manufactured homes from residential districts, if the homes comply with all other zoning ordinance requirements. Subdivision 3a prohibits a county from enacting, amending, or enforcing a zoning ordinance that "has the effect of altering the existing density, lot-size requirements, of manufactured home setback requirements in any manufactured home park constructed before January 1, 1995." Subdivision 3b provides that a manufactured home park is a conditional use in a multi-family zoning district. The sentence regarding manufactured homes in Subdivision 3 was added in 1979, Subdivision 3a was added in 1994, and Subdivision 3b was added in 1997.

§ 462.357 Procedure for plan effectuation; zoning.

Subdivision 1 titled "Authority for zoning" provides municipalities with the power to promote the public health, safety, morals, and general welfare through zoning authority, but disallows regulations which prohibit manufactured homes that comply with all other zoning ordinances. Subdivision 1a provides "[a] municipality must not enact, amend, or enforce a zoning ordinance that has the effect of altering the existing density, lot-size requirements, or manufactured home setback requirements in any manufactured home park constructed before January 1, 1995." Subdivision 1b provides that a manufactured home park is a conditional use in a multi-family zoning district. The section in Subdivision 1 regarding manufactured housing was added in 1987, Subdivision 1a was added in 1994, and Subdivision 1b was added in 1997.

MISSISSIPPI

§ 17-1-39 Zoning Ordinances Relating to Factory Manufactured Movable Homes Authorized.

Any municipality or county of Mississippi may adopt and enforce zoning or other land use regulations or ordinances relating to factory manufactured movable homes, including regulations and ordinances which establish reasonable appearance and dimensional criteria. However, such regulations and ordinances must 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. This was enacted in 1989.

§ 27-53-15 Option for classification of mobile homes as real property or personal property; conditions for classification as real property; security interests; certificates of classification and reclassification; fees.

The mobile home owner has the option of classifying the home as real property if the home owner owns the land where the home is located, the wheels and axles are removed, and the home is anchored and blocked in accordance with the requirements of the Commissioner of Insurance.

§ 63.21.30 Cancellation of title.

Provides that a title of a manufactured home classified as real estate may be delivered to the State Tax Commission for cancellation.

Petition of Carpenter v. City of Petal, 669 So.2d 928 (Miss. 1997).

The City of Petal enacted a zoning ordinance that restricted the placement of manufactured homes to parks and banned them altogether from rural fringe and all residential zones. The Supreme Court of Mississippi struck down the City’s ordinance, finding that it was not rationally related to its stated purpose of enhancing residential property values. The Court noted that the prohibition of manufactured homes, while allowing pig pens and dog runs, seemed to conflict with the ordinance’s purpose. Thus, the Court held that the ordinance violated the home owner’s due process rights.

MISSOURI

§ 700.111 Conversion of manufactured home to real property, procedure--conversion prohibits other classification by political subdivision.

A manufactured home owner may convert the home to real property by attaching the home to a permanent foundation on property owned by the home owner, and removing or modifying the transporting apparatus. Political subdivisions of Missouri are prohibited from treating any manufactured home that was converted under this section as anything other than real property. This was enacted in 1991.

MONTANA

§ 15-1-116 Manufactured home considered as improvement to real property--requirements.

A manufactured home will be classified for tax purposes as an improvement to real property if the running gear is removed, the home is attached to a permanent foundation, and the home is located on land owned by the home owner or the land owner permits such real property classification. A manufactured home that is classified as an improvement to real property must be treated by the department and lending institutions in the same manner as any other residence. This was enacted in 1997.

§ 76-2-202 and § 76-2-302.

These sections provide a rebuttable presumption that placement of a manufactured home, which is at
least 1,000 square feet, on a permanent foundation within a residential zoning district will not adversely affect property values of conventional housing.

NEBRASKA

§ 14-402, § 15-902, § 19-902, and § 23-114.

These provisions discuss the regulatory authority of metropolitan and primary cities, other cities and villages, and counties. These provisions prohibit such localities from adopting or enforcing any zoning ordinance which prohibits the use of land for siting HUD Code manufactured homes or modular homes. The local jurisdictions may require manufactured homes to be installed to the same standards for foundation system, utility connections, setback, and minimum square footage, as site-built homes, and may impose certain additional standards concerning square footage, width, roof pitch, siding and roofing materials, and removal of running gear assembly. This became effective on January 1, 1995.

§ 77-103 Real property, defined.

Mobile homes are classified as real property, unless they are part of a retailer’s inventory.

NEVADA

In 1999, the state legislature enacted a law that states that local jurisdictions may not prohibit the use of multi-section manufactured homes meeting certain aesthetic requirements on any lot zoned for single-family housing.

§ 361.244 Classification of mobile homes and factory-built housing as real property.

A mobile home is eligible to become real property if it is permanently affixed to the land, and if the owner of the home also owns the land. An affidavit of conversion must be recorded in the county where the home is located. This was added to the Nevada Revised Statutes in 1979, with Section 2(d) added in 1997.

NEW HAMPSHIRE

§ 21:21 Land: Real Estate.

Manufactured housing, defined in 674:31, shall be included in the term "real estate."

§ 674:32 Manufactured housing.

Encourages municipalities to afford reasonable opportunities for the siting of manufactured housing. Municipalities are prohibited from completely excluding manufactured housing, and may not require special permits for location on individual lots or in a manufactured housing subdivision unless such permits are required for all single-family housing. Municipalities which permit manufactured housing parks must afford realistic opportunities for the development and expansion of such parks, along with reasonable lot size and density requirements.

No municipality may prohibit an owner whose house was destroyed by fire or other disaster from placing and inhabiting a manufactured home on the lot of such residence while their residence is being rebuilt, for a period not to exceed 12 months. This statute became effective in July 1993.

NEW JERSEY

§ 40:55D-101 Legislative findings and declarations.

This section declares there to be a conventional housing shortage in New Jersey, and promotes the use of manufactured housing as a source of affordable housing. This was enacted by The Affordable Housing Act of 1983.

§ 40:55D-104 Prohibition of discriminatory regulations.

Municipalities must not exclude or restrict the use, location, placement, or joining of sections of manufactured homes which are 22 feet or more in width and are sited on permanent foundations on land owned by the manufactured homeowner, unless the regulations apply equally to all structures of similar use. This provision became effective in 1984.

§ 40:55D-105 Review and approval of development regulations by municipal agency; determination of mobile home parks as means of affordable housing.

When reviewing and approving development regulations pertaining to residential development, municipal agencies are encouraged to consider mobile home parks as a practicable means of providing affordable housing.

§ 52:27D-311 Housing element; techniques for providing low and moderate income housing.

Municipalities must "provide a realistic opportunity" for the provision of low and moderate income housing. The statute lists eight techniques which the municipality must consider. The listed techniques include rezoning, expansion and rehabilitation, municipal land donations, tax abatements, and municipal funding, which may be favorable for manufactured housing.

§ 54:4-1.5 Manufactured homes subject to taxation as real property.

A manufactured home shall be subject to taxation as real property when it is affixed to the land by a permanent foundation, or lacks a permanent foundation but is connected to utility systems which render the home habitable as a permanent dwelling. A manufactured home located in a mobile home park is not subject to real property taxation. This was enacted in 1983.

NEW MEXICO

§ 3-21A-3 Manufactured housing: permissible regulations.

A governing body may not exclude manufactured homes that are built to the HUD Code and are at least 36 feet x 24 feet, and at least 864 square feet, from being sited in a single-family housing district. A governing body also may not place more severe restrictions on manufactured homes than on site-built homes. This section was added in 1987.

§ 3-21A-4 Mobile homes; permissible regulations.

Municipalities are free to exclude mobile homes built prior to 1976 and single-section manufactured homes built to the HUD Code from residential districts and restrict them to mobile home parks. This was enacted in 1987.

NEW YORK

Real Property Tax Law § 1802 Classification of real property in a special assessing unit.

Owner-occupied mobile homes that are separately assessed, shall be classified as class one real property in a special assessing unit (an assessing unit with a population of one million or more).

NORTH CAROLINA

§ 160A-383.1 and § 153A-341.1 Zoning regulations for manufactured homes.

Cities and counties should consider allocating more residential areas for manufactured homes to offer affordable housing opportunities for low and moderate income residents. This was enacted in 1987.

Briggs v. Rankin, 127 N.C.App. 477, 491 S.E.2d 234 (N.C. Ct. App. 1997); aff’d, 348 N.C. 686, 500 S.E.2d 663 (N.C. 1998).

The North Carolina Court of Appeals held that a modular home, which was delivered to the home on wheels and a frame, did not constitute a "trailer" prohibited by the subdivision’s restrictive covenant. The North Carolina Supreme Court affirmed the decision.

NORTH DAKOTA

North Dakota has not addressed these issues at the state level.

OHIO

In 1998, the state legislature passed and the governor signed into law revised taxation and zoning provisions for manufactured housing. Most of the tax provisions went into effect as of January 1, 2000, while the zoning provisions went into effect on April 1, 1999. The following is a summary of the enacted statutes:

1. R.C. 303.212 and R.C. 509.212 are the zoning statutes permitting the placement of “permanently sited manufactured homes” in every zoning district in a township or unincorporated county area permitting single family homes. The permanently sited manufactured home must meet all other uniform zoning requirements (other than a uniform building code or roof pitch requirement) of the zoning district. Another statute, R.C. 3781.184, that would have required municipal corporations (cities and villages) to permit the placement of permanently sited manufactured homes was declared by the Ohio Supreme Court to be unconstitutional as applied to municipal corporations because the statute was held to violate the constitutional zoning power of municipal corporations. Townships and counties in Ohio do not possess similar constitutional zoning powers.

2. R.C. 3781.06(C)(4) and R.C. 4501.01(O) set forth new definitions for manufactured homes and mobile homes respectively. R.C. 3781.06(C)(6) sets forth the criteria that a manufactured home must satisfy to be classified as a permanently sited manufactured home.

3. R.C. 4503.06 provides that owners of manufactured and mobile homes first acquiring situs in Ohio or transferred on or after January 1, 2000, are to pay an annual “manufactured home tax” computed in the same manner as site-built and modular homes. Owners of manufactured and mobile homes that acquire situs or are transferred on or after January 1, 2000, and are placed on a permanent foundation on real property owned by the home owner will pay real property taxes like site-built and modular homes. Owners of manufactured and mobile homes that acquired situs in Ohio prior to January 1, 2000, and have not been transferred after that date continue to pay an annual “manufactured home tax” computed using a different formula than real property taxes unless the homeowner elects to be taxed like real property under the new formula.

City of Canton v. State of Ohio, 95 Ohio St.3d 149, 766 N.E.2d 963 (2002)

The Ohio Supreme Court held that R.C. 3781.184 was unconstitutional as applied to municipal corporations but remains in effect as to townships and unincorporated county areas.

OKLAHOMA

Oklahoma has not addressed these issues at the state level.

OREGON

§ 197.296 Amendment of urban growth boundary or comprehensive plan to include sufficient buildable land within boundary; analysis and determination of residential housing patterns.

Local governments must submit a comprehensive plan with a designated urban growth boundary that contains sufficient buildable land to accommodate the housing needs for 20 years. This section suggests that local governments may act in the following manner to increase buildable lands: increase permitted density, provide financial incentives for higher density housing, ease approval standards or procedures, encourage redevelopment or infill housing, authorize housing types not previously allowed, and adopt an average residential density standard.

§ 197.303 "Needed housing" defined.

The term "needed housing" includes mobile or manufactured home parks and manufactured homes on individual lots in designated subdivisions and in single-family residential zones.

§ 197.307 Effect of need for certain housing in urban growth areas; approval standards for certain residential development; placement standards for approval of manufactured dwellings.

Affordable, decent, safe and sanitary housing opportunities for persons of lower, middle and fixed income is a matter of statewide concern. Section 3 provides that when a comprehensive plan indicates a need for housing within urban growth areas at low price ranges, the local government must allow needed housing in one or more zones that contain sufficient buildable land. A city or county may adopt the following placement standards, or any less restrictive standards, for manufactured homes sited outside of manufactured home parks: multi-sectional homes with at least 1000 square feet, permanent foundations no more than 12 inches above grade, 3:12 pitched roofs, exterior siding and roofing materials comparable to the surrounding housing, exterior thermal envelopes meeting the state building code standard, and garages or carports constructed with materials comparable to the surrounding housing. This was enacted in 1981, and has been frequently revised.

§ 197.312 Limitation on city and county authority to prohibit certain kinds of housing.

No city or county charter may prohibit manufactured homes from all residential housing zones.

§ 197.314 Required siting of manufactured homes; minimum lot size; approval standards.

Each city and county shall amend its comprehensive plan and land use regulations to allow for the siting of manufactured homes on individual lots in single-family residential zones within urban growth boundaries. A city or county shall not adopt a minimum lot size of less than 1 acre for homes located in a manufactured home park in a residential zone inside an urban growth boundary where a manufactured home park is otherwise permitted. The following standards may be imposed on manufactured homes located in parks that are smaller than 3 acres: 3:12 roof pitch, exterior siding and roof materials comparable to surrounding residential dwellings.

§ 197.475 Policy.

It is Oregon’s policy to provide mobile or manufactured home parks within all urban growth boundaries to allow a choice of residential settings.

§ 197.480 Planning for parks; procedures; inventory.

Cities and counties must provide for the siting of manufactured dwelling parks as an allowed use. Cities and counties must project the need for mobile or manufactured dwelling parks based on population projections, household income, and housing market trends, and determine the siting of parks based on these items along with other clear and objective criteria. But pursuant to section 5(c), no criteria or standards may preclude the development of manufactured dwelling parks. This statute was enacted in 1987.

§ 197.485 Prohibition on restrictions of manufactured dwelling.

A jurisdiction may not prohibit the placement of a mobile or manufactured home, due solely to its age, in a park with eight to twelve units per acre density. A jurisdiction may impose reasonable safety and inspection requirements for non-HUD Code manufactured homes. This was enacted in 1987.
§ 197.490 Restriction on establishment of park.
Unless no other access is available, a mobile or manufactured home park may not be established on land within an urban growth boundary that is planned for commercial or industrial use, subject to ORS 446.105.

PENNSYLVANIA

§ 10604 Zoning purposes

Zoning ordinances shall be designed to provide for residential housing "of various dwelling types and encompassing all basic forms of housing . . . including . . . mobile homes and mobile home parks" and should provide opportunities for development of such residential housing.

§ 1651.2 Findings and declarations of policy

This section declares that there is a shortage of safe and sanitary housing in Pennsylvania. It acknowledges that building and related codes are not enacted and applied uniformly, and that such codes "impede the utilization of new and improved technology, techniques, methods and materials in the production of housing."

Lauderbaugh v. Hopewell Township (Penn.) (3rd Cir. 2003).

The evidence clearly showed that the township discriminated against Ms. Lauderbaugh by enforcing its zoning ordinance against her based on the fact that she wanted to site a HUD Code home instead of a CABO/BOCA home. The court, however, sided with the township which argued that its zoning ordinance was established to protect aesthetics and property values, and those underlying reasons can be used to limit or ban the placement of manufactured homes.

The dissenting judge issued a strong opinion agreeing that the actions of the township were preempted by federal law.

Geiger v. Zoning Hearing Board, 507 A.2d 361 (1986).

The court found that a local zoning ordinance was unconstitutional, where it permitted multi-section manufactured homes on permanent foundations, but prohibited single-section, permanently sited manufactured homes.

RHODE ISLAND

§ 31-44-1.4 Powers and duties of department.

The department monitors and determines the sufficiency of the state mobile and manufactured home act as well as local ordinances. The department may act for the purpose of promoting a uniform policy relating to all phases of mobile and manufactured home business and use. The department shall "[c]onduct a public education program to improve public perception and local acceptance of mobile and manufactured homes and to promote them as affordable housing."

§ 45-53-2 Legislative findings and intent.

The general assembly determined that there is a shortage of affordable housing, and each city and town must take action immediately "to assure the availability of affordable, accessible, safe, and sanitary housing" for citizens of low and moderate income. This policy was enacted in 1991.

SOUTH CAROLINA

§ 12-37-250 Homestead exemption for taxpayers sixty-five and over or those totally and permanently disabled or legally blind.

Paragraph 2 indicates that where a mobile home is owned by the same person who owns the underlying land, it is classified as real property and the owner may be eligible for a homestead exemption. Where the mobile home is located on rented land, the home owner may be eligible for a homestead exemption from the payment of personal property taxes.

§ 56-19-4 Uniform procedure to retire title of certain manufactured homes affixed to real property

Provides a process for retiring a title on certain manufactured homes affixed to real property for the purpose of securing real property mortgages. Provides a form for the Manufactured Home Affadavit for the Retirement of Title Certificate.

§ 56-19-510 Manufactured Home Retirement of Title

An owner of a manufactured home may affix the home to real property by:
(1) installing the home in accordance with the required installation standards and removing the wheels, axles, and towing hitch; and
(2) filing with the register of deeds or clerk of court, as appropriate, for the county in which the manufactured home is located the Manufactured Home Affidavit for the Retirement of Title Certificate in the form prescribed in this article together with proof of ownership as evidenced by a copy of the most recent deed of record or other instrument vesting title, and paying the filing fee required for affidavits by Section 8-21-310.
(B) The register of deeds or clerk of court must record the affidavit as if it were a deed to real property with the homeowner being identified as grantor and give notification to the county assessor.
(C) Upon the filing of the affidavit, the manufactured home is to be treated for all purposes except condemnation as real property and title to the manufactured home is thereby vested in the lawful owner of the real property to which it is affixed. A warning notice to those filing the affidavit must be included in the affidavit.

SOUTH DAKOTA

§ 10-4-2.4 Manufactured home as real property

Real property includes manufactured homes manufactured on or after 1997, excluding homes in the inventory of a retailer.

§ 10-13-39 Classification of owner-occupied single-family dwelling.

Owner-occupied single-family dwellings include separately assessed mobile or manufactured homes. This was enacted in 1995.

TENNESSEE

Constitution of the State of Tennessee Sec. 28 Taxable property - Valuation - Rates.

"House trailers, mobile homes, and all similar movable structures used for commercial, industrial, or residential purposes shall be assessed as Real Property as an improvement to the land where located."

§ 13-24-201 Manufactured residential dwellings.

Multi-section manufactured homes may not be excluded from land zoned for single-family residential use, provided the manufactured homes have the same general appearance as site-built homes. This was enacted in 1980.

§ 13-24-202 General appearance of manufactured residential dwellings.

"Such manufactured dwelling shall have the same general appearance as required for site-built homes." This was enacted in 1980.

§ 55-1-105 Procedure and requirements for the surredering of title for manufactured homes.

Provides that a title for a manufactured home does not need to be maintained as long as it is affixed to real property and meets the requirements necessary to be considered real property. Includes necessary form and provisions.

TEXAS

Property Code Sec. 2.001 Manufactured Housing.

A manufactured home is real property if it is permanently attached to real property, the manufacturer’s certificate of title is surrendered for cancellation, and the certificate of attachment is filed in the county where the home is located.

UTAH

§ 9-4-1202 Legislative policy and purpose.

It is the state’s policy to remedy the acute shortage of decent, safe, and sanitary dwellings for families of medium and low income. The state will provide low-cost housing for medium and low income persons and encourage cooperation between political subdivisions and the nonprofit sector to make low-cost housing available in all areas of the state.

§ 10-9-106.5 Manufactured homes.

Manufactured homes may not be excluded from any zone or area permitting single-family residences, as long as that home complies with all applicable requirements for single-family housing within that zone. This was enacted in 1996.

§ 17-27-105.5 Manufactured homes.

Manufactured homes, which comply with the HUD Code, may not be excluded from any single-family residential zone or area where a site-built home would be permitted, as long as the home complies with all zoning and deed restrictions on the property. This bill took effect on July 1, 1996.

§ 59-2-602 Qualifications of manufactured home or mobile home as improvement to real property--Requirements--Removal from property.

A mobile or manufactured home may be qualified as an improvement to real property if it is permanently affixed to land owned by the home owner and if the home owner files an affidavit of fixture with the county where the home is located.

VERMONT

24 V.S.A. § 4302 Purpose and goals of the Municipal and Regional Planning and Development.

This provision establishes a coordinated, comprehensive planning process and policy framework to guide decisions by municipal regional planning commissions and state agencies regarding the appropriate development of all lands in the state. Section (c)(11) states that one of the specific goals of municipal land development will be "[t]o ensure the availability of safe and affordable housing for all Vermonters." Section (c)(11)(C) provides that sites for manufactured housing should be "readily available in locations similar to those generally used for single-family conventional dwellings."

24 V.S.A. § 4406(4) Equal treatment of housing.

A municipality may only prohibit manufactured homes on the same terms and conditions as site-built homes. Section 4 was added in 1975.

24 V.S.A. § 4407(6) Design Control Districts.

This non-discriminatory statute does not apply to specifically designated "design control districts."

VIRGINIA

§ 15.1-486.4 and § 15.2-2290 Uniform regulations for manufactured housing.

This statute was amended in 1995 to provide that both single- section and multi-section permanently sited manufactured homes are permitted in agricultural zones, and are subject to development standards equivalent to those for site-built housing.

WASHINGTON

§ 35.21; § 35A.21; § 36.01; (New Chapters)- Prohibiting discrimination against consumers’ choices in housing;

A city or town [code city and county] may not enact any statute or ordinance that has the effect, directly or indirectly, of discriminating against consumers’ choices in the placement or use of a home in such a manner that is not equally applicable to all homes. Homes built to 42 U.S.C.7 Sec. 5401-5403 standards (as amended in 2000) must be regulated for the purposes of siting in the same manner as site built homes, factory built homes, or homes built to any other state construction or local design standard. However, any city or town may require that (a) a manufactured home be a new manufactured home; (b) the manufactured home be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative; (c) the manufactured home comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located; (d) the home is thermally equivalent to the state energy code; and (e) the
manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW 35.63.160.

§ 35.22.670, § 35.63.190, § 35A.63.147, § 36.32.530, and § 36.70.492 Mobile home parks--Review of need and demand.

Every first class city, city or municipality with a population of ten thousand (10,000) or more, county with a population of one hundred fifty thousand (150,000) or more, or county enacting zoning ordinances under its charter authority, should have conducted a review of the need and demand for mobile home parks, and sent the results to the department of community development by June 30, 1990.

§ 35.63.160 and § 35A.63.145 Prohibitions on manufactured homes--Review required--"Designated manufactured home" defined.

Those localities that disallow manufactured housing on individual lots are subject to review by the city of the need and demand for such homes. These section were enacted in 1988.

§ 36.70A.020 Planning goals.

Washington established its goal for planning housing development; that counties and cities "[e]ncourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock." This was enacted in 1990.

§ 43.185B.030 Affordable housing advisory board--Duties.

The affordable housing board shall analyze solutions and programs that address the state’s need for affordable housing. The board shall consider "various types of residential construction and innovative housing options, including but not limited to manufactured housing." This was enacted in 1993.

§ 59.21.105 regarding forced relocation of older mobile homes.

Localities may not require mobile homes that are relocated due to closure or conversion of a mobile home park to comply with any applicable new fire, safety, or construction code merely because of the home’s relocation. This section does not apply to homes that are substantially remodeled or rehabilitated. The purpose of this section is to relieve the economic burden of relocation on tenants who live in older mobile homes. This was enacted in 1991.

§ 65.20.010 Purpose.

The purpose of Chapter 65 is to clarify the property classification of manufactured homes and to provide procedures to make the home real property by eliminating the title when the home is affixed to land owned by the home owner. This was enacted in 1989.

§ 65.20.030 Clarification of type of property and perfection of security interests.

When the manufactured home owner eliminates the title pursuant to Chapter 65, "the manufactured home shall be treated the same as a site-built structure and ownership shall be based on ownership of the real property through real property law."

§ 84.04.090 "Real property."

A mobile home that has been permanently affixed with a permanent foundation upon land owned by the home owner shall fall within the term "real property."

WEST VIRGINIA

§ 11-4-10 Land and buildings assessed separately; town lots; back taxing of omitted buildings.

Land and buildings shall be assessed and entered separately in the landbooks (real property records). Buildings include mobile homes used for residential purposes which are permanently affixed to the land owned by the home owner.

WISCONSIN

§ 70.043 Mobile homes.

Mobile homes are improvements to real property if they are connected to utilities and set upon a permanent foundation on land owned by the home owner.

Collins v. City of Beloit, Rock County Circuit Court (1993).

The court found that a HUD-approved manufactured home can be located on any property zoned for residential use and any requirements which the city may impose on such homes by adoption of the Uniform Dwelling Code are preempted by the HUD Act.

Wisconsin Mfr. Housing Ass. v. Town of Suamico, Case No. 95-C-1288, March 13, 1996.

The court found that the Town of Suamico could not deny a building permit application to a manufactured home owner who had failed to comply with the local Uniform Dwelling Code (UDC), because the National Manufactured Housing Construction and Safety Standards Act preempted the local building requirements. The court also found that the Town’s application of the UDC implicitly discriminated against manufactured homes which originated outside of Wisconsin. The local requirements discriminated between site-built and manufactured homes, and were arbitrary and capricious because they had no rational basis.

WYOMING

Wyoming has not addressed these issues at the state level.

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