Manufactured Housing Programs
Manufactured homes, previously known as mobile homes, are designed, constructed, inspected, and certified under a federal program administered by the U. S. Department of Housing and Urban Development (HUD).
These homes are built on a permanent chassis, are transportable in one or more sections, are designed to be used as single family dwellings when connected to the required utilities, may be sited with or without a permanent foundation, and include the plumbing, heating, air-conditioning, and electrical systems contained in the structure.
The Virginia Department of Housing and Community Development (DHCD) regulates Virginia’s manufactured housing industry through the Virginia Manufactured Home Safety Regulations (MHSR) and the Virginia Manufactured Housing Licensing and Transaction Recovery Fund Regulations (Licensing Regulations).
Local code officials handle the permits, inspections, and certificates of occupancy for the installation and related site work for manufactured homes according to their authority under the Virginia Construction Code .
As the HUD designated State Administrative Agency (SAA), DHCD receives and investigates as necessary complaints from manufactured home owners, and refers them to the manufacturers, dealers, to HUD, or to SAA’s in other states. DHCD staff also monitor the manufacturers and dealers to ensure conformance with state and federal requirements.
The Virginia Manufactured Housing Board promulgates the licensing regulations to carry out the requirements for licensing of manufactured home manufacturers, dealers, brokers, and salespersons. All licenses, except temporary or special licenses, are issued for a one-year period and must be renewed annually by the license holder.
The regulations include fees for licensing, warranty requirements, consumer complaint resolution procedures, and restrictions on advertising practices. The regulations also establish a Manufactured Housing Transaction Recovery Fund and the administrative procedures to carry out this consumer protection program, including mandatory assessments for all license applicants, procedures for filing claims, holding hearings or conferences, payment of claims for damages, and possible disciplinary actions against license holders in the program. The Manufactured Housing Board makes case decisions to carry out the provisions of the program.
Manufactured home dealers that include the installation and site work for the manufactured homes in their sales contracts are required to have a contractor’s license from the Board for Contractors in the Department of Professional and Occupational Regulation. According to the Board for Contractors, the dealers are acting as “contractors” whether they use their own employees for the site work or subcontract with other persons or companies to perform the site work for the installation of the manufactured homes the dealers sell.
Manufactured home dealers and brokers also must obtain either a Certificate of Dealer Registration or a Motor Vehicle Dealer License from the Department of Motor Vehicles. This license or certificate is required in order for the dealer or broker to collect and forward to the Department of Motor Vehicles the title fees and sales taxes collected as part of the sales contract on the home.
DHCD has no authority to regulate manufactured home parks. Such parks are subject to the Virginia Manufactured Home Lot Rental Act enacted by the General Assembly as part of the Landlord Tenant Act. Enforcement of the Lot Rental Act falls to the courts in Virginia. DHCD publishes a Manufactured Home Lot Rental Act Handbook for information purposes only.
For more information on manufactured housing programs, please select here for a question form or call (804) 371-7160. For licensing questions, please call (804) 371-7160.
Related Links:
Forms:
Publications:
|
