# Presentation: 734193

## 49 CFR Part 24Subpart F

*Mobile Homes*

- March 2005

## Key Topics	

**<date/time>**

**Key Topics****	**

- New definition.
- Reorganization.
- Early payment eligibility determinations.
- Payment options.

**Notes:**
NOTES:  The key items to be covered in this subpart are limited because the basic content did not change.

The new definition is marginally important, but only as tempered by added material in the appendix that relates how the recreational vehicle might be acceptable as an available replacement. DSS issues are a key consideration.

The reorganization approaches the various type of combinations of ownership/tenant/ site/dwelling possible and addresses each separately.  

In each scenario, the determination relating to realty/personalty is emphasized to be made at the front end of the process based on state law considerations. 

Determine availability of comparable replacement sites early in relocation planning.

Some clarification on how to handle certain payment eligibilities should make it easier for mobile home occupants to acquire conventional housing.

## Reorganization

**<date/time>**

**Reorganization**

- _Old Rule_
- § 24.501
- § 24.502
- § 24.503
- § 24.504
- § 24.505

- _New Rule_
- Moved to Subpart D, § 24.301(g)(8) to (10)
- § 24.501
- § 24.502
- § 24.503

**Notes:**
NOTES:

The subpart was shortened by taking the moving cost provisions in former § 24.502 and fitting them within Subpart D under the eligible expense list. A reference to the Subpart D location – § 24.301(g)(1) through (10) – is included under new § 24.501(a). That paragraph had been in old § 24.505, which was eliminated in the new rule; the content from this section was consolidated elsewhere in the subpart.

§ 24.501 Applicability.
§ 24.502 Replacement housing payment for 180-day mobile homeowner displaced from a mobile home and/or from the acquired mobile home site.
§ 24.503 Replacement housing payment for 90-day mobile home occupants.

## Reorganization (cont.)

**<date/time>**

**Reorganization (cont.)**

- Revised § 24.502 covers:
- (a) Eligibility for 180-day owner occupants.
- (b) Replacement housing payments.
- (c) Rental assistance.
- (d) Mobile home as personal property.
- Revised § 24.503 covers:
- Eligibility for 90-day occupants and tenants.

**Notes:**
NOTES:  A matrix is included in a later slide to assist in determining eligibility and a logic path for the process to calculate payment eligibility under various scenarios of tenancy and displacement.

## New Definition

**<date/time>**

**New Definition**

**§** **24.2(a)(17) **Mobile home.
- 	The term mobile home includes manufactured homes and recreational vehicles used as residences.
- Definition was added to clarify what is recognized by HUD for its programs.

**Notes:**
NOTES:  The appendix contains several paragraphs discussing each of these two types of housing that have been combined under the term “mobile home.”

The manufactured home addition comes from HUD-based programs that treat the two types of housing synonymously provided the housing is capable of being sectioned and moved.

The recreational vehicle is an option that is dependent on how these vehicles are perceived by the local jurisdiction to meet standards for DSS. If they do not qualify under local regulation as DSS, then they would not qualify as replacement dwelling.

This clarification adds specificity in appendix A, § 24.2(a)(17) regarding HUD criteria for mobile homes that must be met if such facilities are to meet DSS housing standards. The guidance defers to local code requirements. HUD criteria is also provided including:
Size minimum of 8’ X 40’ in length or when erected on a site is 320 square feet or more
Connected to utilities, etc.

## Mobile Homes

- Pre-1976 Mobile Home

- Manufactured Housing

- Recreational Vehicle

- F-

- March 2005

**Notes:**
NOTES:

Modular homes are generally considered real estate and are generally dealt with in the same way as conventional housing.
Mobile homes can be considered either real estate or personal property based on state law.
Recreational vehicles are generally considered personal property.
May include a live aboard boat.

Photographs of the various types of housing referenced in this subpart are as follows:
Recreational vehicles.
Manufactured housing.
Mobile homes.

## Determinations	

**<date/time>**

**Determinations****	**

- Basic to mobile home situations:
- Is the mobile home being acquired as real or personal property?
- If personal property, is the mobile home:
- Able to be moved?
- Able to be DSS?
- Are comparable replacement sites available prior to displacement?

**Notes:**
NOTES:  In each of the situations outlined for mobile homes, in order to handle occupant eligibility, the Agency must first know if real estate, either the site or the mobile home, is being acquired. If not, and the home is considered to be personal property, then additional determinations must be applied to ensure that the appropriate benefits are being provided.

## Mobile Home Replacement Scenarios

**Replacement Housing Payments**

**Owner of Mobile Home (MH) Owner of Land**

**Tenant of Mobile Home**
**Owner of Land**

**Tenant of Mobile Home**
**Tenant of Land**

**Owner of Mobile Home Tenant of Land**

- F-

- March 2005

**Notes:**
NOTES:  This graphic summarizes the possible mobile home ownership/tenancy situations that may be encountered. 
Depending upon ownership and tenancy arrangements, several combinations of replacement housing calculation will need to be made and replacement housing and sites will need to be available.

Q.:	Does the final rule change the treatment of mobile home owner/occupants who elect not to move their mobile homes?

The final rule reorganized and rewrote the provisions that apply to owner/occupants who elect not to move their mobile homes.  The new rule, at § 24.502(d), defines an owner who elects not to relocate their mobile home as not displaced from their dwelling and not entitled to a replacement housing payment.  The owner, as a displaced person, is entitled to moving costs to relocate the mobile home to a replacement site.  The final rule allows such an owner to claim moving expenses under § 24.301.  Eligible costs include the net payment allowable under the former regulation if the mobile home is moved under § 24.301(g)(8). (9), or (10), as well as other eligible costs under § 24.301(g)(1) to (7).  If the mobile home is not moved by the owner, it may be sold on site, traded in on a replacement mobile home, or an agency could choose to purchase and dispose of it at its salvage value.  The net benefits to the displaced person under the final rule are expected to be similar to those available under the former rule. 

## Payment Option	

**<date/time>**

**Payment Option****	**

- § 24.502(c) permits using combined payment computations:
- Housing supplement for mobile home.
- Rental supplement for site.
- To purchase conventional dwelling.
- Limited to $22,500 unless last resort applies.

**Notes:**
NOTES:  The revised provision adds clarity to the ability to apply the potential split payments calculated where an owner of a mobile home rents the site.

As in all situations where housing supplements are insufficient, housing of last resort could exceed the limitation. The rental supplement would just be added to the last resort housing supplement to determine the total that would have to be applied to the purchase of a conventional dwelling.

The calculated cost differential for the mobile home would be added to the rental supplement calculated for the site. This gross amount could be used to replicate the procure replacement housing based on assumptions in calculation, or it could be applied to the purchase of a mobile home and site or to the purchase of conventional housing.

INSTRUCTOR NOTES:  It is possible for an Agency to acquire a site but not the mobile home on that site.  This often happens if the dwelling unit is called personal property and not purchased by the Agency.  In these instances, the owner-occupant of the mobile home unit is not displaced from the dwelling unit.  However, this person is a displaced person and could be paid for moving cost and a replacement housing payment for the rent or purchase of a replacement site.