42 U.S.C. § 5401

Findings and purposes

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(a) FindingsCongress finds that—(1) manufactured housing plays a vital role in meeting the housing needs of the Nation; and(2) manufactured homes provide a significant resource for affordable homeownership and rental housing accessible to all Americans.(b) PurposesThe purposes of this chapter are—(1) to protect the quality, durability, safety, and affordability of manufactured homes;(2) to facilitate the availability of affordable manufactured homes and to increase homeownership for all Americans;(3) to provide for the establishment of practical, uniform, and, to the extent possible, performance-based Federal construction standards for manufactured homes;(4) to encourage innovative and cost-effective construction techniques for manufactured homes;(5) to protect residents of manufactured homes with respect to personal injuries and the amount of insurance costs and property damages in manufactured housing, consistent with the other purposes of this section;(6) to establish a balanced consensus process for the development, revision, and interpretation of Federal construction and safety standards for manufactured homes and related regulations for the enforcement of such standards;(7) to ensure uniform and effective enforcement of Federal construction and safety standards for manufactured homes; and(8) to ensure that the public interest in, and need for, affordable manufactured housing is duly considered in all determinations relating to the Federal standards and their enforcement.(Pub. L. 93–383, title VI, § 602, Aug. 22, 1974, 88 Stat. 700; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L. 97–35, title III, § 339B(c), Aug. 13, 1981, 95 Stat. 417; Pub. L. 106–569, title VI, § 602, Dec. 27, 2000, 114 Stat. 2997.)Editorial NotesAmendments

2000—Pub. L. 106–569 amended section catchline and text generally. Prior to amendment, text read as follows: “The Congress declares that the purposes of this chapter are to reduce the number of personal injuries and deaths and the amount of insurance costs and property damage resulting from manufactured home accidents and to improve the quality and durability of manufactured homes. Therefore, the Congress determines that it is necessary to establish Federal construction and safety standards for manufactured homes and to authorize manufactured home safety research and development.”

1980—Pub. L. 96–399 substituted “manufactured home” for “mobile home” wherever appearing.

Statutory Notes and Related SubsidiariesEffective Date of 2000 Amendment

Pub. L. 106–569, title VI, § 612, Dec. 27, 2000, 114 Stat. 3012, provided that: “The amendments made by this title [see Short Title of 2000 Amendment note below] shall take effect on the date of the enactment of this Act [Dec. 27, 2000], except that the amendments shall have no effect on any order or interpretative bulletin that is issued under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) and published as a proposed rule pursuant to section 553 of title 5, United States Code, on or before that date of the enactment.”

Effective Date

Pub. L. 93–383, title VI, § 627, formerly § 628, Aug. 22, 1974, 88 Stat. 714, renumbered § 627, Pub. L. 106–569, title VI, § 611(2), Dec. 27, 2000, 114 Stat. 3012, provided that: “The provisions of this title [enacting this chapter and provisions set out as a note under this section] shall take effect upon the expiration of 180 days following the date of enactment of this title [Aug. 22, 1974].”

Short Title of 2000 Amendment

Pub. L. 106–569, title VI, § 601(a), Dec. 27, 2000, 114 Stat. 2997, provided that: “This title [amending this section and sections 5402 to 5404, 5406, 5407, 5409, 5412 to 5415, 5419, 5422, and 5426 of this title, repealing section 5425 of this title, and enacting and amending provisions set out as notes under this section] may be cited as the ‘Manufactured Housing Improvement Act of 2000’.”

Short Title

Pub. L. 93–383, title VI, § 601, Aug. 22, 1974, 88 Stat. 700, as amended by Pub. L. 96–399, title III, § 308(c)(5), Oct. 8, 1980, 94 Stat. 1641, provided that: “This title [enacting this chapter and provisions set out as a note under this section] may be cited as the ‘National Manufactured Housing Construction and Safety Standards Act of 1974’.”

Savings Provisions

Pub. L. 106–569, title VI, § 613, Dec. 27, 2000, 114 Stat. 3012, provided that:“(a)Standards and Regulations.—The Federal manufactured home construction and safety standards (as such term is defined in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 [42 U.S.C. 5402]) and all regulations pertaining thereto in effect on the day before the date of the enactment of this Act [Dec. 27, 2000] shall apply until the effective date of a standard or regulation modifying or superseding the existing standard or regulation that is promulgated under subsection (a) or (b) of section 604 of the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended by this title [42 U.S.C. 5403(a), (b)].“(b)Contracts.—Any contract awarded pursuant to a Request for Proposal issued before the date of the enactment of this Act [Dec. 27, 2000] shall remain in effect until the earlier of—“(1) the expiration of the 2-year period beginning on the date of the enactment of this Act; or“(2) the expiration of the contract term.”

Notes of Decisions

Cited in 63 cases (4 in the last 5 years), 1977–2025 · leading case: Lassiter v. Bliss, 559 S.W.2d 353 (Tex. 1977).

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Lassiter v. Bliss, 559 S.W.2d 353 (Tex. 1977). · cites it 4× “In the National Mobile Homes Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 , et seq., Congress determined that ".”

Rodney Bodine v. Cook's Pest Control, Inc., 830 F.3d 1320 (11th Cir. 2016). · cites it 2× “633 (codified as amended at 42 U.S.C. § 5401 et seq. (2012)). There, Congress limited the effect of the statute’s non-waiver provision to “any provision of a contract or agreement” that purported to limit the rights of mobile home purchasers under the Act.”

Dan Bennett v. CMH Homes, Inc., 770 F.3d 511 (6th Cir. 2014). · cites it 4× “§ 1437 , and the Housing and Community Development Act of 1974, 42 U.S.C. § 5401 . For example, the Housing and Community Development Act of 1974 defined mobile home as a structure, transportable in one or more sections, which is eight body feet or more in width and is…”

City of Brookside Vill. v. Comeau, 633 S.W.2d 790 (Tex. 1982). · cites it 2× “See National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.; Texas Manufactured Housing Standards Act, Tex.”

Gonzalez v. Drew Indus. Inc., 750 F. Supp. 2d 1061 (C.D. Cal. 2007). · cites it 5× “42 U.S.C. § 5401 , et seq. (1974). The purpose of the Act, among other things, was “to protect quality, durability, safety, and affordability of manufactured homes; .”

Florida Manufactured Hous. Ass'n v. Cisneros, 53 F.3d 1565 (11th Cir. 1995). · cites it 3× “” 42 U.S.C.A. § 5401 (West 1983). In order to achieve these objectives, the Act authorizes the Secretary of HUD to “establish by order appropriate Federal manufactured home construction and safety standards.”

Palm Harbor Homes, Inc. v. Crawford, 689 So. 2d 3 (Ala. 1997). “The manufactured home identified above has been constructed in compliance with the manufactured home standards prescribed by the Secretary in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., as evidenced…”

Redman Homes, Inc. v. Ivy, 920 S.W.2d 664 (Tex. 1996). “See 42 U.S.C. § 5401 . To the contrary, state-law consumer protections enforcing such regulations further promote this purpose by encouraging manufacturers to build safe and suitable units.”

DRN, Inc. v. Pennsylvania Dep't of Labor & Indus., 853 A.2d 8 (Pa. Commw. Ct. 2004). · cites it 2× “901(a)): (1) Except as provided in paragraph (2), the [Code] does not apply to manufactured housing assembled by and shipped from the manufacturer and which bears a label which certifies that it conforms to Federal construction and safety standards adopted under the Housing and…”

Georgia Manufactured Hous. Ass'n v. Spalding Cnty., 148 F.3d 1304 (11th Cir. 1998). · cites it 2× “Preemption The district court ruled that the 4:12 requirement is preempted by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 ~5426(Act), because the 4:12 requirement “interferes with the Act’s construction and safety…”

Schanzenbach v. Town of Opal, Wyoming, 706 F.3d 1269 (10th Cir. 2013). “42 U.S.C. § 5401 (b) (emphases added). The Act instructs the Secretary of Housing and Urban Development (HUD) to promulgate regulations establishing “appropriate Federal manufactured home construction and safety standards.”

Bibco Corp. v. City of Sumter, 504 S.E.2d 112 (S.C. 1998). · cites it 2× “Federal Preemption Bibco argues that the restriction in City’s zoning ordinance excluding mobile homes from R-9 districts is preempted by the National Manufactured Housing Construction and Safety Standards Act of 1974, codified at 42 U.S.C. § 5401 et seq. (“Federal Act”).”

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