The American Legislative Exchange Council (ALEC) is the nation's largest bipartisan, individual membership association of state legislators, with nearly 2,400 members across America. Among the leadership of America's state legislatures, ALEC members have an impressive presence with over 100 members holding senior leadership positions in the statehouse. Twelve sitting Governors are alumni of ALEC, as are over 80 members of Congress.

This past year, the Manufactured Housing Executives Council (MHEC) and MHI followed the sucess of the Factory Built Housing Act and worked with ALEC to develop model state legislation called the Factory-Built Development Act. Under the terms of the model legislation, local governments would be prohibited from excluding manufactured housing subdivisions simply because the proposed development contains factory built homes.


For more information on ALEC and its mission, visit them at www.alec.org.

Summary

This bill permits the market to determine the viability of factory-built subdivisions and land-lease communities consisting of factory built homes. It will prevent political subdivisions from adopting or enforcing development standards, permitting processes, or other ordinances or regulations which prohibit or make impracticable the plans and specifications of factory-built subdivisions or land-leased communities merely because the housing within the land-leased community will be factory-built. The bill does not mandate approval or consideration of factory-built subdivisions or land-lease communities consisting of factory built homes. [Provisions similar to this bill appear in the laws of Iowa, Minnesota and Utah.]

Model Legislation

{Title, enacting clause, etc.}

Section 1. This Act may be cited as the Factory-Built Development Act.

Section 2. {Definitions.} As used in this Act, the following terms have the following meanings:

(A) “Factory-built housing” means manufactured and modular housing;

(B) “Factory-built Subdivision” means a subdivision of factory-built homes where individual lots are owned by homeowners and where a portion of the subdivision or the amenities exclusively serving the subdivision are or may be retained by the subdivision developer.

(C) “Land-leased Community” means a parcel or tract of land under the control of a person or entity upon which {insert number corresponding to state definition} or more factory-built homes are located on a continual, non-recreational, residential basis regardless of whether a charge is made for that use, together with any social, recreational, commercial, and communal facilities used or intended for use incident to the occupancy of a factory-built home.

(D) “Manufactured housing” means housing built in a factory according to the Federal Manufactured Home Construction and Safety Standards which went into effect on June 15, 1976 as amended by the Manufactured Housing Improvement Act of 2000;

(E) “Modular housing” means housing built in a factory that meets the state, local or regional building codes where the home will be sited.


Section 3. {Non-discrimination clause.}

In the permitting process, adoption or enforcement of development standards or other ordinances applicable to factory-built subdivisions or land-lease communities, political subdivisions may impose different but not more stringent standards; however, political subdivisions shall not require plans and specifications so as to make a proposed development impracticable merely because the proposed development will consist of factory-built homes.

Nothing in this provision shall prevent a political subdivision from imposing aesthetic, health or safety standards different from other single family residential developments based on local conditions provided the standards are not adopted solely or in any part merely because the development will include factory built homes.

This provision does not mandate approval of factory-built subdivisions or land-lease communities.


Section 4. {Severability clause.}

Section 5. {Repealer clause}

Section 6. {Effective date.}