I 

117TH CONGRESS 

1ST SESSION H. R. 3333 

To ensure that federally backed financing for the construction, rehabilitation, 

or purchase of manufactured home communities is available only for 

communities whose owner has implemented minimum consumer protections in the lease agreements with residents of all manufactured home 

communities owned by such owner, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2021 

Mrs. AXNE (for herself and Mr. KHANNA) introduced the following bill; which 

was referred to the Committee on Financial Services 

A BILL 

To ensure that federally backed financing for the construction, rehabilitation, or purchase of manufactured home 

communities is available only for communities whose 

owner has implemented minimum consumer protections 

in the lease agreements with residents of all manufactured home communities owned by such owner, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Manufactured Housing 

5 Tenant’s Bill of Rights Act of 2021’’. 


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1 SEC. 2. REQUIREMENTS FOR COVERED LOAN PROGRAMS. 

2 (a) REQUIREMENTS.—No loan shall be eligible for in3 surance by the Secretary of Housing and Urban Develop4 ment or purchase by an enterprise (as such term is defined 

5 in section 1303 of the Housing and Community Develop6 ment Act of 1992 (12 U.S.C. 4502)), as applicable, under 

7 a covered loan program (as such term is defined under 

8 section 4 of this Act) unless— 

9 (1) the borrower under the loan certifies to the 

10 Secretary or the applicable enterprise that the bor11 rower will include, in any lease agreement for a pad 

12 site, or a pad site and manufactured home, located 

13 in any manufactured home community that the bor14 rower or an affiliate of the borrower owns, the min15 imum consumer protections specified in subsection 

16 (b) of this section; and 

17 (2) the borrower complies with regulations, 

18 which shall be issued by the Secretary or the Direc19 tor, as applicable, that require the borrower to sub20 mit documentation to the Secretary, or to the appli21 cable enterprise and Director that is sufficient, as 

22 determined by the Secretary or Director, to ensure 

23 that the borrower is complying with the certification 

24 pursuant to paragraph (1), which shall include a 

25 copy of the standard lease agreement used by the 

26 borrower that includes such minimum protections. 


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1 (b) MINIMUM CONSUMER PROTECTIONS.—The min2 imum consumer protections specified in this subsection are 

3 as follows: 

4 (1) One-year lease terms that are renewable for 

5 additional one-year terms unless there is good cause 

6 for non-renewal. 

7 (2) A right to receive written notice of any 

8 newly required charges (including water and other 

9 utilities) or increase in the rents for pad sites, or 

10 pad sites and manufactured homes, located in the 

11 community, including a written justification of the 

12 increase with information on increases in the costs 

13 of operating, maintaining, or improving the commu14 nity. Such notice shall be provided to the tenant not 

15 less than 60 days before the effective date of any 

16 newly required charge or increase in the rents, ex17 cept that— 

18 (A) in the case of any increase exceeding 

19 5 percent of the previous monthly rent, an addi20 tional 30-days notice must be provided for each 

21 additional 2.5-percent increase in the rent. 

22 (B) Such notice must also include identi23 fication of the amount of, and a description of, 

24 any newly required charges (including water 

25 and other utilities) that the tenant is not curVerDate Sep 11 2014 00:34 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333

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1 rently responsible for but will be responsible for 

2 upon the rent increase and, if available, an esti3 mate of the monthly amount of such charges. 

4 (C) MONTHLY RENT.—For purposes of the 

5 calculation in subparagraph (A), the amount of 

6 any increase in the monthly rent for a dwelling 

7 unit shall be considered to include any newly re8 quired charges described in subparagraph (B), 

9 and any charges without an estimate of the 

10 monthly amount shall be estimated at 5 percent 

11 of the previous monthly rent. 

12 (3) A 5-day grace period for rent payments. 

13 (4) A right to cure defaults on rent payments. 

14 (5) A right for a tenant to sell a manufactured 

15 home owned by the tenant without having to first re16 locate it out of the community. 

17 (6) A right for a tenant to sell a manufactured 

18 home owned by the tenant in place within a reason19 able time period, but not shorter than 45 days, after 

20 eviction by the manufactured housing community 

21 owner. 

22 (7) A right for a tenant who owns a manufac23 tured home— 

24 (A) to sublease or assign the pad site lease 

25 for the unexpired term to a new buyer of the 


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1 tenant’s manufactured home unless the pro2 spective tenant fails to meet the community’s 

3 reasonable and uniformly applied application 

4 criteria; and 

5 (B) in such a case of denial, a right to 

6 written notice provided by the owner of the 

7 community informing the tenant of the denial 

8 and the prospective tenant of the denial and the 

9 specific reason or reasons for denial. 

10 (8) A right for a tenant who owns a manufac11 tured home to post ‘‘For Sale’’ signs. 

12 (9) A right to receive 60-day advance written 

13 notice of the planned sale or closure of the manufac14 tured housing community. 

15 (10)(A) A right against termination of tenancy 

16 except in cases in which a tenant engages in a mate17 rial noncompliance with the rental agreement, a ten18 ant commits a material violation of the manufac19 tured home community reasonable rules or regula20 tions, or the community has a material, legitimate, 

21 and uniformly applied business reason for termi22 nation that was included in the lease agreement as 

23 grounds for termination. 

24 (B) In such a case of termination, a right to 

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1 nity informing the tenant of the termination and the 

2 specific reason or reasons for termination. 

3 Nothing in this subsection may be construed to annul, 

4 alter, or affect any State or local law providing greater 

5 protections to tenants of manufactured home communities 

6 than the protections afforded under this subsection. 

7 (c) PRICING INCENTIVES.—Any covered pricing in8 centive offered for loans issued after the date of the enact9 ment of this Act shall reward implementation of resident 

10 protections that are more protective than those specified 

11 in subsection (b). Any covered pricing incentive that does 

12 not comply with this requirement may not be offered for 

13 any loan issued after the date of the enactment of this 

14 Act. 

15 (d) PUBLICATION.—The Secretary and Director shall 

16 make the list of properties covered by the protections in 

17 subsection (b) publicly available on a single website. Prop18 erties which are covered as of the date of enactment by 

19 the Federal National Mortgage Association’s Tenant Site 

20 Lease Protections or the Federal Home Loan Mortgage 

21 Corporation’s MHC Tenant Protections shall also be made 

22 publicly available, and shall include an explanation of the 

23 differences between those protections and the minimum 

24 consumer protections in subsection (b). 


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1 (e) PENALTIES.—The Secretary and Director shall 

2 prohibit the borrower or an affiliate of the borrower from 

3 securing future federally backed financing or other hous4 ing-related Federal assistance for at least 3 years, and 

5 shall also determine appropriate penalties for any bor6 rower who fails to include the consumer protections in sub7 section (b) in any lease agreement, or fails to comply with 

8 a lease agreement including the protections in subsection 

9 (b). Such penalties shall be in addition to minimum pay10 ments to the injured tenant(s) as follows: 

11 (1) For a violation of paragraph (1) or (10), 6 

12 months of the current monthly rent. 

13 (2) For a violation of paragraph (2), any in14 creased rent must be paid back to the tenant with 

15 interest, plus 25 percent. 

16 (3) For a violation of paragraph (3), any pen17 alties or late fees must be paid back to the tenant 

18 with interest, plus 25 percent. 

19 (4) For a violation of paragraph (4), (5), or 

20 (6), the greater of the sale price of the manufac21 tured home if the borrower or an affiliate sells it 

22 within 12 months of the violation or 12 months of 

23 the prior monthly rent. 


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1 (5) For a violation of paragraph (7) or (8), the 

2 total remaining monthly rent owed on the tenant’s 

3 lease. 

4 (6) For a violation of paragraph (9), the great5 er of 12 months rent, or 20 percent of the sale price 

6 of the community divided by the number of tenants 

7 in the manufactured housing community. 

8 SEC. 3. MANUFACTURED HOME COMPANY LENDING STAND9 ARDS COMMISSION. 

10 (a) ESTABLISHMENT.—There is established a com11 mission to be known as the Manufactured Home Company 

12 Lending Standards Commission (in this section referred 

13 to as the ‘‘Commission’’). 

14 (b) DUTIES.— 

15 (1) PROPOSED STANDARDS.—Not later than 

16 the expiration of the 12-month period beginning on 

17 the date of the enactment of this Act, the Commis18 sion shall submit to the Congress, the Secretary of 

19 Housing and Urban Development, and the Director 

20 of the Federal Housing Finance Agency a report 

21 that sets forth proposed consumer protection stand22 ards for the covered loan programs that— 

23 (A) are in addition to and provide greater 

24 protection than the requirements under section 

25 2(b); and 


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1 (B) could be used as a basis for estab2 lishing covered pricing incentives under the cov3 ered loan programs that comply with section 

4 2(c). 

5 (2) STANDARD FOR DETERMINATIONS.—Any 

6 determination by the Commission to approve a con7 sumer protection in the proposed standards required 

8 under paragraph (1) shall be made by a vote of a 

9 simple majority of the members of the Commission. 

10 (c) MEMBERSHIP.— 

11 (1) NUMBER AND APPOINTMENT.—The Com12 mission shall be composed of 14 members, as fol13 lows: 

14 (A) The Secretary of Housing and Urban 

15 Development (or the Secretary’s designee). 

16 (B) The Director of the Federal Housing 

17 Finance Agency (or the Director’s designee). 

18 (C) Three each shall be appointed by the 

19 Speaker of the House of Representatives, the 

20 minority leader of the House of Representa21 tives, the majority leader of the Senate, and the 

22 minority leader of the Senate. Of the three 

23 members appointed by each such officer— 

24 (i) one shall be employed at the time 

25 of appointment as a professor or academic 


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1 researcher with demonstrated background 

2 in housing and consumer protection issues, 

3 especially as they relate to manufactured 

4 housing; 

5 (ii) one shall be a current or former 

6 member of Congress; and 

7 (iii) one shall be a current resident 

8 and tenant at a manufactured housing 

9 community. 

10 (2) CHAIRPERSON AND CO-CHAIRPERSON.— 

11 (A) CHAIRPERSON.—The chairperson of 

12 the Commission shall be designated by the 

13 President from among the members of the 

14 Commission. 

15 (B) CO-CHAIRPERSON.—The co-chairper16 son shall be selected as follows: 

17 (i) DESIGNATION BY SPEAKER OF

18 THE HOUSE.—If, on the date of appoint19 ment, the Speaker of the House is of a dif20 ferent political party than the President, 

21 the Speaker of the House shall designate 

22 the co-chairperson from among the mem23 bers of the Commission. 

24 (ii) DESIGNATION BY MINORITY LEAD25 ER OF THE HOUSE.—If, on the date of apVerDate Sep 11 2014 00:34 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333

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1 pointment, the Speaker of the House is of 

2 the same political party as the President, 

3 the minority leader of the House shall des4 ignate the co-chairperson from among the 

5 members of the Commission. 

6 (3) TIMING OF APPOINTMENTS.—Appointments 

7 to the Commission shall be made not later than 45 

8 days after the date of the enactment of this Act. 

9 (4) TERMS; VACANCIES.—Each member shall be 

10 appointed for the life of the Commission. Any va11 cancy in the Commission shall not affect its powers 

12 and shall be filled within 45 days of the vacancy in 

13 the manner in which the original appointment was 

14 made. 

15 (5) HEARINGS.—In carrying out its duties 

16 under this section, the Commission is authorized to 

17 hold such hearings and take testimony with respect 

18 to matters to which it has a responsibility under this 

19 section. The chairperson, or any member authorized 

20 by the chairperson, may administer oaths or affirma21 tions to witnesses appearing before the Commission. 

22 (6) PROHIBITION OF COMPENSATION.—Mem23 bers of the Commission shall serve without pay. 

24 (d) OPERATION AND POWERS.— 


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1 (1) MEETINGS.—The Commission shall meet 

2 not later than 30 days after the date upon which a 

3 majority of its members have been appointed and at 

4 such times thereafter as the chairperson or co-chair5 person shall determine. Detailed minutes of each 

6 meeting of the Commission, except for any closed 

7 session, shall be kept and shall include a record of 

8 the persons present and a complete and accurate de9 scription of matters discussed. 

10 (2) RULES OF PROCEDURE.—The chairperson 

11 and co-chairperson shall, with the approval of a ma12 jority of the members of the Commission, establish 

13 written rules of procedure for the Commission, 

14 which shall include a quorum requirement to con15 duct the business of the Commission. 

16 (3) HEARINGS.—The Commission shall hold no 

17 fewer than 2 hearings on matters to carry out its 

18 duties under subsection (b). The Commission may 

19 take testimony and receive evidence as the Commis20 sion considers appropriate. Timely public notice of 

21 each hearing, including the time, place, and agenda 

22 of the meeting, shall be provided by any means de23 termined by the Commission to provide for wide 

24 publicity. Timely notice of each regular meeting 

25 shall be published in the Federal Register. InterVerDate Sep 11 2014 00:34 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333

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1 ested persons shall be permitted to submit written 

2 statements regarding the matters on the agenda of 

3 such hearings. 

4 SEC. 4. DEFINITIONS. 

5 For purposes of this Act, the following definitions 

6 shall apply: 

7 (1) AFFILIATE.—Except as provided by the 

8 Secretary of Housing and Urban Development or the 

9 Director of the Federal Housing Finance Agency, as 

10 applicable, the term ‘‘affiliate’’ means, with respect 

11 to a borrower referred to in section 2(a), any entity 

12 that controls, is controlled by, or is under common 

13 control with, the borrower. 

14 (2) COVERED LOAN PROGRAM.—The term ‘‘cov15 ered loan program’’ means any of the following pro16 grams: 

17 (A) The program under section 207 of the 

18 National Housing Act (12 U.S.C. 1713) for in19 surance of loans for financing for the construc20 tion or substantial rehabilitation of manufac21 tured home parks. 

22 (B) The program of the Federal National 

23 Mortgage Association for multifamily loans for 

24 manufactured housing communities. 


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1 (C) The program of the Federal Home 

2 Loan Mortgage Corporation for loans for manu3 factured housing communities. 

4 (3) COVERED PRICING INCENTIVE.—The term 

5 ‘‘covered pricing incentive’’ means any pricing dis6 count available to borrowers under any of the cov7 ered loan programs that rewards the borrower’s im8 plementation of one or more specific resident protec9 tions and is designed to ensure that the benefits of 

10 a covered loan program are provided at a lower cost 

11 for manufactured home communities based on the 

12 extent to which residents of a manufactured home 

13 community are better protected from predatory rent 

14 increases and management practices. 

15 (4) DIRECTOR.—The term ‘‘Director’’ refers to 

16 the Director of the Federal Housing Finance Agen17 cy. 

18 (5) MANUFACTURED HOME.—The term ‘‘manu19 factured home’’ has the meaning given such term in 

20 section 603(6) of the National Manufactured Hous21 ing Construction Safety and Standards Act of 1976, 

22 except that such term shall include any structure de23 scribed in such section without regard to whether 

24 such structure complies with any standards under 


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1 such Act and without regard to the date of the man2 ufacture of such structure. 

3 (6) MANUFACTURED HOME COMMUNITY.—The 

4 term ‘‘manufactured home community’’ means any 

5 community, court, or park equipped to accommodate 

6 manufactured homes for which pad sites or pad sites 

7 and the manufactured homes, or both, are leased to 

8 residents to be used primarily for residential pur9 poses, including any manufactured housing commu10 nity as such term is used for purposes of a program 

11 referred to in subparagraph (B) or (C) of paragraph 

12 (2). 

13 SEC. 5. FUNDING. 

14 No additional funds are authorized to be appro15 priated to carry out this Act. Any expenses required to 

16 carry out this Act shall be funded using amounts other17 wise available to the Department of Housing and Urban 

18 Development or to the Federal Housing Finance Agency. 

19 SEC. 6. TERMINATION. 

20 The Commission shall terminate upon the submission 

21 of the report required under section 3(b). 

Æ 


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