What is the HUD Manufactured Home Dispute Resolution Program (DRP)?
The HUD Manufactured Home Dispute Resolution Program is a program of the U.S. Department of Housing and Urban Development, Office of Manufactured Housing Programs that provides the timely resolution of eligible disputes between manufacturers, retailers and installers of manufactured homes regarding responsibility, and for the issuance of appropriate orders for the correction or repair of defects in manufactured homes, (within one year of the installation of the home).
Which states are eligible to use the HUD Manufactured Home Dispute Resolution Program?
Currently, manufactured homes installed in 24 states and the District of Columbia are eligible for dispute resolution administered under the HUD Manufactured Home Dispute Resolution Program. These states include: Alaska, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Montana, Nebraska, New Jersey, North Dakota, Pennsylvania, Rhode Island, South Carolina, Utah, Vermont, West Virginia, Wisconsin, and Wyoming.
What if my state is not eligible to use the HUD Manufactured Home Dispute Resolution Program?
There are 26 states with an established dispute resolution program that HUD has accepted. If your state does not participate in the Dispute Resolution Program, you may contact HUD. To find the contact information for your state’s program, visit: /program_offices/housing/rmra/mhs/mhdrp/mhdrc.
Which homes are eligible for HUD Manufacture Home Dispute Resolution?
New homes, located in HUD dispute resolution states, are eligible so long as the unresolved issue was reported to the home manufacturer, retailer, installer, State Administrative Agency, or HUD during the one-year period beginning on the date of installation and a complete request for dispute resolution is received by HUD.
If your home has an unresolved issue that was not reported to any party within the first year beginning on the date of installation, you should contact your state’s manufactured housing program or HUD to learn about other ways the issue may be resolved. Programs may vary in each state. Documentation should be kept for all contact with disputed party(ies).
My home was installed more than one year ago, but I reported the unresolved issue within the first year after installation, am I still eligible for assistance?
Yes. You will be required to demonstrate or otherwise have documentation showing that you initially reported the issue within one year of the date of first installation to be eligible for assistance.
Am I eligible under the program if I am the second owner of the home, but it has not been a whole year since the home was installed?
HUD Manufactured Home Dispute Resolution Program is only for the first owner of the home. In the case of a second owner, they should contact the State Administrative Agency or HUD.
What types of manufactured home issues are eligible for HUD’s dispute resolution?
The HUD Manufactured Home Dispute Resolution Program exists to ensure that manufactured homes adhere to HUD construction and safety standards and that installation of homes meets HUD’s Model Installation Standards.
How do I demonstrate that I reported the issue within the first year after installation?
Be sure that your initial report of an alleged defect is date-stamped and in writing or electronic format so that there will be proof of the date of delivery. Also, make a copy to keep with your records so that you have proof in your possession. Persons who report an alleged defect by telephone should make a contemporaneous note of the telephone call, including date, time, the name of the person who received the report, the name of the business contacted, and the telephone number called.
Before You Request Dispute Resolution
Who should I contact first about an issue with my home?
If an issue arises with your manufactured home, you should first contact your retailer or the home manufacturer. Most issues can be resolved in a timely manner. If the retailer or home manufacturer is not able to resolve your issue, the second contact should be the State Administrative Agency or HUD.
How much time should I allow for correction before contacting the Dispute Resolution Program?
After reporting an issue, unless the alleged defect presents an unreasonable risk of injury, death, or significant loss or damage to valuable personal property, the reporting party or homeowner is encouraged to allow a reasonable amount time for a satisfactory resolution of the issue before initiating the HUD Manufactured Home Dispute Resolution Program.
What should I do if the party that built the home, sold me the home, or the installer of the home is no longer in business?
There are in some instances alternative means to resolve a problem. The defect should be reported to the Dispute Resolution Program.
Requesting Dispute Resolution
How do I submit a request for federal dispute resolution?
Download a dispute resolution complaint form and submit the completed form to the program contact for your state.
Do I have to pay a fee to submit a request for federal dispute resolution?
There are no fees associated with submitting a request for federal dispute resolution.
As a homeowner, what level of involvement will I have during the dispute resolution process?
Homeowners report a defect to the home’s manufacturer, retailer, and/or installer. If an eligible reported defect is not resolved to your satisfaction (refer to FAQ 7 for a description of eligible issues), the homeowner may request dispute resolution. Under the HUD Manufactured Home Dispute Resolution Program, the homeowner is not a party to dispute resolution, but can initiate a request for HUD Manufactured Home Dispute Resolution and is entitled to be an observer in the process and will receive a report on the outcome of the dispute resolution process.
What happens after I submit a request for HUD dispute resolution?
The complaints will be reviewed by the federal dispute resolution neutral screener. If alleged items are found to be a non-conformance to the Manufactured Construction and Safety Standards (CFR 3280) or the Model Installation Standards (CFR 3285), a mediation will be held and all parties noticed of the date and time of the mediation.
In circumstances where the parties agree that one or more of them, and not the homeowner, is responsible for the alleged defect, the parties will first have the opportunity to resolve the dispute using an alternative process. Homeowners will maintain the right to be informed in writing of the outcome when the alternative process is used, within 5 days of the outcome. At any time after 30 days of the alternative process notification if the issues are not resolved, the mediator will schedule it to be heard for nonbinding arbitration.
Thirty days are allowed from the start of mediation to reach a settlement unless the defect poses an unreasonable threat of injury, or significant loss or damage to valuable personal property, in which case 10 days are allowed. If issues are not resolved through mediation, any party may request non-binding arbitration.
How long will it take to get my issue resolved?
Where mediation results in a settlement, the responsible party must agree to correct the defect within 30 days of the settlement.
What if I don’t like the mediated agreement?
If a party or the homeowner is not satisfied with the mediated agreement, the party or homeowner may request nonbinding arbitration.
What is nonbinding arbitration?
When mediation fails to reach a settlement, any of the parties to the dispute or the homeowner may request nonbinding arbitration. HUD will assign an arbitrator to investigate and make a recommendation. Nonbinding arbitration is a type of arbitration in which the arbitrator makes a determination of the rights of the parties to the dispute, but this determination is not binding upon them, and no enforceable arbitration award is issued. Rather, the arbitrator makes an advisory opinion of the respective merits of the respective party’s cases for HUD to review and issue an appropriate order.
Failure to comply with an order issued by HUD is a violation of the National Manufactured Housing Construction and Safety Standards Act.