MANUFACTURED HOUSING:

REFLECTIONS FROM HUD LEADERSHIP

A HUD 50TH ANNIVERSARY PUBLICATION

U.S. Department of Housing and Urban Development | Office of Policy Development and Research

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Manufactured Housing:

Reflections From HUD Leadership

A HUD 50th Anniversary Publication

March 2016

Disclaimer

The contents of this publication are the views of the authors and do not necessarily reflect the views or policies of the U.S. Department of Housing and Urban Development or the U.S. government.

Contents

Introduction ............................................................................................................................................................................................................1

Profile of Rick Mendlen .......................................................................................................................................................................................3

Profile of Pamela Danner ...................................................................................................................................................................................5

Profile of Bob Ful er .............................................................................................................................................................................................6

Profile of David Nimmer ......................................................................................................................................................................................7

Profile of Wil iam Matchneer .............................................................................................................................................................................8

Conclusion ..............................................................................................................................................................................................................9

iii

Introduction

One of the U.S. Department of Housing and Urban

regard to housing, the federal government is more

Development’s (HUD’s) major contributions to affordable often associated with large markets, financial issues,

housing is its Manufactured Housing Program, which

or mortgage insurance. On the other hand, most

began operation in 1976. Congress gave HUD preemptive

mobile homes are modest housing types, constructed

authority to regulate the design and construction of

in factories, and marketed in the private sector.

manufactured housing (mobile homes) and to protect

the purchasers of those homes. As part of HUD’s

Moreover, building codes and the federal government also celebration of its 50

have limited interactions. Building codes historically have th anniversary, the Office of Policy

Development and Research (PD&R) profiled five individuals been the responsibility of local and state governments.

who were key to the development, administration, and

Congress, however, authorized the federal government’s

maturation of HUD’s Manufactured Housing Program.

Manufactured Housing Program because manufactured

homes are products subject to interstate commerce and,

• Rick Mendlen. Branch Chief and Division Director, 1976

therefore, open to be regulated by the federal government.

to 1984; senior structural engineer, 1984 to 2016.

Mendlen, who has been with the HUD Manufactured

Congress charged HUD with the responsibilities

Housing Program since August 1975, is the longest

of regulating the design and construction of

serving program staff person in the program.

manufactured housing and of enforcing how mobile

home manufacturers respond to defects and complaints

• Pamela Danner. Attorney advisor for the

about the design and construction of those homes.

Manufactured Housing Program, 1977 to 1979;

Manufactured Housing Program Director, 1982

to 1984; Administrator, Office of Manufactured

How did the federal government get involved in the

Housing Programs, March 2014 to present.

building standards business—usually the prerogative

of local governments?

• Bob Ful er. Senior engineer. Ful er, who began

his government career with the Federal Housing

Mobile homes have been popular as an affordable housing Administration (FHA) as a structural engineer in

option for many years, but states did not begin creating 1970, was brought on as Chief of the Manufactured

and enforcing their own building codes for manufactured Housing Compliance Division in the Manufactured

housing until the 1950s. These codes were based primarily Housing Program from 1985 to 1994.

on the National Fire Protection Association’s (NFPA’s) 501

standard for manufactured housing and on the American

• David Nimmer. Director, Office of Manufactured

National Standards Institute’s A119.1 standard for Mobile Housing Programs, 1986 to 1999.

Homes—Body and Frame Design and Construction:

• William Matchneer. Administrator, Office of

Instal ation of Plumbing, Heating and Electrical Systems.

Manufactured Housing Programs, 2002

Because a manufacturing plant in one state might serve

to 2003; Associate Deputy Assistant

retail and instal ation sites in multiple states, however, Secretary, Office of Regulatory Affairs and

compliance with multiple building standards was increasing Manufactured Housing Act, 2003 to 2009.

the cost of the housing and testing the limits of a low-cost industry. Coupled with concerns about the growing number Manufactured Housing

of fire deaths in mobile homes and President Lyndon B.

Johnson’s focus on urban communities and housing after

Manufactured housing and the federal government

the riots of 1968, congressional hearings in the 1960s and are not commonly associated with one another. In

1970s led to the Housing and Community Development

1

Act of 1974.1 Title VI of this act, administered and enforced by HUD, operates as the only national building code

in the United States. Operating now for 40 years, the

Manufactured Housing Program has updated and improved

the code, responded to consumer concerns regarding

design and construction, and followed congressional

direction to administer and enforce how homes are

instal ed and how disputes are brought to resolution.

This report highlights the accomplishments of

five key leaders in HUD’s Manufactured Housing

Program who were fundamental in implementing

key program elements that have improved the safety

and affordability of these homes—a primary part of

HUD’s legacy as it celebrates its 50th anniversary.

1 12 United States Code §1706e.

2

Profile of Rick Mendlen

1975–present Engineer

1976–1984 Branch Chief and Division Director

1984–present Senior Structural Engineer

Early Years of the Program

After the final rule was published, but before the program Congress passed the Manufactured Housing Construction

was implemented, the Department invited manufactured

and Safety Standards Act2 in 1974, giving HUD until

housing industry leaders to HUD to hear staff provide

mid-June 1976 to create the standards and regulations

a briefing about what the program would do and what

by which it would regulate the design and construction

HUD would require of the manufacturers. Rick led the

of all manufactured homes in the United States and to

2-day discussion as the questions arose: “How will

create a program office to oversee complaints regarding this be interpreted?” “How will this be enforced?” The

design or construction. Staff worked continual y with

questions kept coming and, according to Rick, have

program counsel to write the building standards that

been coming ever since. The Manufactured Housing

would become 24 CFR Part 3280 of the Code of Federal

Program Director, Harvey Weiner, turned to Rick to work Regulations and then to complete Part 3282 to al ow

with program counsel, Bill Jordan, to draft the program for the program to commence on June 15, 1976.

regulations for publication as 24 CFR Part 3282.

The primary goal of the team pul ed together for this

In the first years of the program, the Department still had a task was to publish the final rule in the Federal Register great deal to learn about manufactured housing. From 1976

so that the program could start by the statutory June 15

to 1980, HUD conducted research on structural durability deadline. Rick was the principal author of the standards and fire safety—only two of multiple research areas. HUD

but still a relative novice to federal work. He was one staff agreed that a great deal about the manufactured

of the few staff members in the office the day the final housing standards stil needed examination and possible rule was to be reviewed by the Under Secretary’s Office enhancement. Some of the research was conducted in

and sent to the Federal Register. Rick—as the only staff coordination with the National Bureau of Standards (now person available to answer questions that day and as

the National Institute of Standards and Technology, or

one of the writers of the rule—was cal ed to the Office NIST), some with the Southwest Research Center in Texas.

of the Under Secretary. Before signing the package,

At that time, HUD administered the Federal Disaster

including the two final rules that were headed to the

Assistance Administration (FDAA, which was the

Federal Register for publication, Under Secretary John

predecessor of the Federal Emergency Management

Rhinelander seemed to be seeking some assurance from

Agency, or FEMA) and the National Flood Insurance

program staff. According to Rick, the Under Secretary

Program. After the Johnstown floods of July 1977, Rick

did not engage in a great deal of conversation but looked was cal ed by the Assistant Secretary for Housing and told, Rick in the face and asked, “Is this thing okay?” Even with

“You need to be in Johnstown this afternoon.” Temporary the Under Secretary’s limited knowledge of the program, housing needed to be purchased immediately, and,

Rick convinced Rhinelander to sign the proposed rule and although the FDAA held most of that responsibility, the send it forward for publication in the Federal Register.

Office of Manufactured Housing Programs had a role.

2 42 U.S.C. 5401–5426.

3

Over time, with his increasing experience and knowledge, and medical effects—while also making as strong an

Rick has become the primary technical and historical

argument as possible because industry lobbyists were

resource on the overall interpretation and enforcement of working to weaken or kill the new requirements.

the standards for manufactured housing. For 40 years, Rick has provided ongoing support and technical assistance to assistant secretaries, program directors, and col eagues.

He played a key role in the Department’s development of stronger design requirements for homes to be placed in

high-wind areas and a key role in developing more recent changes to the standards put forward by the program’s

advisory council—the Manufactured Housing Consensus

Committee—including the congressional y mandated

Model Manufactured Home Instal ation Standards.

The Formaldehyde Issue

Rick Mendlen considers one of the greatest challenges

in his work in the manufactured housing program to have been the formaldehyde issue. Formaldehyde, a colorless, flammable, strong-smel ing chemical, is used in pressed wood products, such as plywood, that are important for

manufactured housing, but it has been proven to have

negative health effects. The chal enge in the Manufactured Housing Program was for engineers and program

administrators to identify and understand the medical

distinctions and terminology, such as whether formaldehyde was a carcinogen or an irritant, because it affects different people in different ways. The U.S. Environmental Protection Agency, along with epidemiologists, had conducted quite a bit of research on the issue. In 1984, HUD published

the regulation requiring plywood and particleboard panels to be tested in air chambers according to requirements

outlined by the American Society for Testing and Materials and not to exceed limits outlined by HUD in its standards.

The formaldehyde issue was a chal enge to the industry, because manufacturers were concerned that requiring

formaldehyde testing would raise the fears of potential purchasers, reduce sales, and increase the production

cost and, therefore, the price of homes. Requiring

chemical testing and setting an emissions limit required engineers to study an area foreign to their usual areas of study, and it required program administrators to explain to nontechnicians, such as political appointees, the

mechanics of indoor air quality, air flow, and chemical 4

Profile of Pamela Danner

1977–1979 Program Counsel

1982–1984 Director

2014–present Administrator

Pamela Danner began as an attorney in HUD’s Office

representing clients regarding compliance with the

of General Counsel and served as the program counsel

federal manufactured housing standards and procedural

for the Manufactured Housing Program from 1977 to

and enforcement regulations, and she has brought that

1979. One of her greatest chal enges was serving as the experience and perspective back to the program.

lead attorney and winning the case on egress windows.

The question was whether egress windows conformed

Pamela returned to the program as Administrator of

to the HUD manufactured housing standards in 24 CFR

the Office of Manufactured Housing Programs in 2014

Part 3280. Pamela made a satisfactory case against the

and, since then, has implemented long-delayed goals

Phillips Window Company before the Administrative Law

of the program, undertaking a full launch of both the

Judge, who required the company to notify owners of

installation program (in 13 HUD-administered states) and manufactured homes with windows manufactured by the

the dispute resolution program (in 23 HUD-administered

Phil ips Company that they were al owed free inspection states), obtaining contractor services for each.

and free replacement of noncompliant egress windows.

After leaving the government for 3 years, Pamela returned as a political appointee from 1982 to 1984, tackling

important technical and safety issues, including the

publication of the formaldehyde standard and coordination with the Office of Single Family Housing as FHA developed requirements for permanent foundation that would qualify manufactured homes for FHA Title II mortgage insurance.

She also coordinated with PD&R and NFPA when stronger fire safety standards were implemented. Pamela spent a

great deal of energy working with staff members during

the governmentwide reductions in force as they applied

to HUD and the Manufactured Housing Program. Using

retirements and reassignments, Pamela and others were

able to develop a strategy for staff to leave the program or the government without anyone losing his or her job.

Pamela returned to the private sector in 1985 and

returned again to HUD’s Manufactured Housing Program

in 2014. In her private-sector work, Pamela undertook

a number of cases related to manufactured housing,

5

Profile of Bob Fuller

1985–1994 Chief, Manufactured Housing Compliance Division In 1985, the Acting Assistant Secretary for Housing

his concern about pressures from the industry to weaken asked Robert (Bob) Ful er to move from FHA’s Office of

the proposed standards. According to Bob, the Secretary Housing, where he served as a senior structural engineer, made it clear that he wanted HUD to “make these homes

to the Manufactured Housing Program, where he would

as strong as you can” because, where he grew up in

continue to use his engineering and management skil s

San Antonio, Texas, many people he knew had relied

as Chief of the Compliance Division. At first, Bob was

on those homes. The “Wind Standard,” as the upgrade

not interested in the position because, as a professional to the design and construction requirements for homes

engineer, he had concerns the job would not be sufficiently in high-wind areas is referred to, became effective in

chal enging. After several weeks and convincing by

1994. Bob left the program in the same year and was

others, however, he agreed to take the position—and he

pleased to say when he retired, “It’s a much safer home.”

certainly found the job chal enging. In 1990, he became Director of the Manufactured Housing and Construction

Standards Division. He said that two of the more notable accomplishments of that period were (1) the creation of the standard regulating levels of formaldehyde outgassing al owed in products used in manufactured housing and

(2) increased structural requirements to withstand high winds as had been experienced in Hurricane Hugo in 1989

and Hurricane Andrew in 1992. Regarding the high-wind

standards, industry fought the revisions and upgrades to the construction requirements for reasons similar to those they had for fighting the formaldehyde standard—the potential loss of customers due to bad publicity and costlier products.

As frequently occurs with regulatory programs, nearly

all decisions and plans of the Manufactured Housing

Program were chal enged by the industry, represented

by two primary trade associations: (1) the Association

for Regulatory Reform, which is now the Manufactured

Housing Association for Regulatory Reform, and (2) the

Manufactured Housing Institute. Every program director

has cited these two organizations as the external political pressure groups working to influence program direction

and decisions. In 1992, Bob was cal ed into a meeting

with Secretary Henry Cisneros and Assistant Secretary

Nicholas Retsinas concerning the proposed changes to

the standards that would increase the wind resistance

of manufactured housing. Secretary Cisneros expressed

6

Profile of David Nimmer

1986–1999 Director

In 1986, David Nimmer became Director of the

HUD construction standards—as “Better! Stronger! Safer!”

Manufactured Housing Program. After a long career

The years that have passed have proven that the new

at HUD, David had worked in multiple parts of the

standards did produce better, stronger and safer homes.

Department, including the Office of Public and Indian

Of course, the matters of program administration were

Housing, the Office of Multifamily Housing Programs, the ongoing, which, among other things, included improvements New Communities and Model Cities programs, and the

to HUD’s oversight of home construction in factories

Office of Single Family Housing, and he was interested

and consumer assistance in the states, changes and

in joining the Manufactured Housing Program. Assistant

improvements to the construction standards, research,

Secretary for Housing Tom Demery expressed interest in

and enforcement of the standards when manufacturer

David’s moving to the Director’s position, where he served or supplier violations of the standards were discovered.

for approximately 12 years. David was Program Director

when Hurricane Andrew hit Florida in August 1992.

Congressional hearings sent multiple HUD leaders to

Congress to explain what HUD would do to minimize future devastation in similar events. David sent program engineers to Florida to examine mobile home parks and manufactured housing located in the storm path and, from their research, to develop “lessons learned” to shape future HUD actions.

The most important lesson, David said, was that in the

relatively few units that were well anchored to the ground, the chassis and the floor remained, but everything else blew away because the structural connections to the chassis

and floor were inadequate. Drawing from the lessons of

Hurricane Andrew, program staff developed new wind

standards—standards that strengthened support and

anchoring to foundation systems, fastening of roof framing to wall framing, and connections of wall to floor. In place of the wind map with two “wind zones” used previously

for manufactured housing construction standards, the

new wind standards created a third high-wind zone that

is shaped by its proximity to the U.S. coastline—primarily from Texas eastward around Florida and up through the

Carolinas, although not limited exclusively to states in these areas. While industry bitterly fought HUD’s efforts to strengthen its construction requirements to withstand high winds, many manufacturers moved immediately into

marketing their “stronger” homes—required by the new

7

Profile of William Matchneer

2002–2010 Administrator

In 2002, Wil iam (Bil ) Matchneer became the first

plant passed its initial certification inspection. HUD then and, so far, only political y appointed Administrator of counted on the plant to keep its QC manual up to date

the Office of Manufactured Housing Programs, when

with its ongoing designs and operations. Manufacturing

the program was reorganized under the Manufactured

processes and products change all the time, however,

Housing Improvement Act (Title VI of the American

and QC manuals often become out of date. Bill set out

Homeownership and Economic Opportunity Act of

to change the program’s assumption that the operative

2000).3 The act provides the opportunity for (but does

QC manual and QC process reflected the designs and

not require) an administrator who can be a noncareer

construction practice that were operative on the floor. In appointment. Bil ’s previous work at the Occupational

many instances, HUD’s Manufactured Housing Program

Safety and Health Review Commission provided him

discovered that when QC manuals, staff training, and

familiarity with national regulatory program administration overall communication within plants were brought up to

required for the Manufactured Housing Program work.

date and improved—reflecting current practices, designs, and processes—employees were more satisfied with the

Bill joined the Manufactured Housing Program charged

quality of their own work. They expressed professional

with implementing the new requirements outlined in

satisfaction that the plant was better organized, was

the 2000 act. Although the act did not create a new

better run, and produced a higher-quality product. Bill then Manufactured Housing Program, it did make major changes ensured that HUD program staff would work with each

and additions that required implementation: establishing manufacturer and its primary inspection agency to review a new federal advisory committee, the Manufactured

and consistently update QC manuals and practices.

Housing Consensus Committee; implementing regular

review and updating of the standards; and creating two

new programs: (1) standards and inspection of home

instal ation and (2) a new dispute resolution program.

In addition, Bill refocused the enforcement aspect of

the program to emphasize quality control (QC), fol owed by enforcement. This refocusing involved working with

manufacturers to maintain the quality of units during

manufacturing and ensuring that each manufacturer’s

QC process was enforced as a condition for the plant to maintain its certification by HUD and continue operations.

Bill observed that QC in modern manufacturing is required in the production of nearly any manufactured product.

In manufactured housing, the Department had been

primarily emphasizing steps different from those historical y emphasized in the QC process. The HUD review and

approval process was to ensure that a manufacturing

3 Public Law 106–569 (December 27, 2000).

8

Conclusion

These profiles of a handful of key leaders in the federal wind areas. After the Florida hurricanes in August

Manufactured Housing Program provide a portrait of some 2004, a damage assessment of homes affected by

of the important accomplishments of this HUD program.

Hurricane Charley concluded that manufactured homes

Congress created and HUD established this program to

produced after HUD’s post-1994 enforcement of the

protect the health and safety of purchasers of a significant high-wind requirements performed significantly better

component of affordable housing in the United States. The than pre-1994 homes. In addition, homes built before the accomplishments of the program are recognized in the

implementation of the HUD Code in 1976 were much

multiple assessments and measurements that have been

more severely damaged than post-HUD Code units.

carried out since the program’s inception. For example, in fires reported from 2007 to 2011, NFPA measured the

The leaders of HUD’s Manufactured Housing Program

number of civilian deaths per 100 fires in manufactured profiled in this report agree: manufactured homes are

homes constructed before HUD’s administration of the

now safer, more energy efficient, and longer lasting; have program at 3.1 civilian deaths compared with 1.3 civilian remained affordable; and are regulated by a program that deaths per 100 fires since HUD’s administration of the

has improved consumer satisfaction, securing its role as program began—a decrease of more than 50 percent.

a fundamental element in America’s housing market.

HUD was the agency that took the lead on recognizing

formaldehyde’s health impact in housing and housing

products and on limiting the amount of formaldehyde and indoor occupancy exposure. Subsequent to HUD’s actions

to limit the level of formaldehyde that specific products can emit in manufactured homes, the International Agency for Research on Cancer has classified formaldehyde as

a human carcinogen. Formaldehyde exposure is also

known to cause respiratory problems and sensory irritant responses in humans at various levels of exposure.

The improved integrity of manufactured homes as they

perform in high-wind events could be observed during

and after many high-wind events after HUD increased

its standards requirements for homes instal ed in high-

HUD Office of Policy Development and Research

Lynn M. Ross, AICP, Deputy Assistant Secretary for Policy Development Rachelle L. Levitt, Director, Research Utilization Division Elizabeth A. Cocke, Author, Director, PD&R’s Affordable Housing Research and Technology Division 9

U.S. Department of Housing and Urban Development Office of Policy Development and Research

Washington, DC 20410-6000

March 2016

Document Outline

- Contents

- Introduction

- Profile of Rick Mendlen

- Profile of Pamela Danner

- Profile of Bob Fuller

- Profile of David Nimmer

- Profile of William Matchneer

- Conclusion

- HUD2-090 Manufactured Housing Reflections From HUD Leadership (sm)1.2_508.pdf

- Contents

- Introduction

- Profile of Rick Mendlen

- Profile of Pamela Danner

- Profile of Bob Fuller

- Profile of David Nimmer

- Profile of William Matchneer

- Conclusion

Table of Contents

Contents

Introduction

Profile of Rick Mendlen

Profile of Pamela Danner

Profile of Bob Fuller

Profile of David Nimmer

Profile of William Matchneer

Conclusion

Introduction

Profile of Rick Mendlen

Profile of Pamela Danner

Profile of Bob Fuller

Profile of David Nimmer

Profile of William Matchneer

Conclusion

HUD2-090 Manufactured Housing Reflections From HUD Leadership (sm)1.2_508.pdf

Contents

Introduction

Profile of Rick Mendlen

Profile of Pamela Danner

Profile of Bob Fuller

Profile of David Nimmer

Profile of William Matchneer

Conclusion

Introduction

Profile of Rick Mendlen

Profile of Pamela Danner

Profile of Bob Fuller

Profile of David Nimmer

Profile of William Matchneer

Conclusion

Contents

Introduction

Profile of Rick Mendlen

Profile of Pamela Danner

Profile of Bob Fuller

Profile of David Nimmer

Profile of William Matchneer

Conclusion

Introduction

Profile of Rick Mendlen

Profile of Pamela Danner

Profile of Bob Fuller

Profile of David Nimmer

Profile of William Matchneer

Conclusion