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January/February 2009
MESSAGE FROM THE EXECUTIVE DIRECTOR
Joan Fittz
This time of year the Board, Staff, and Committees of NJMHA are very busy
putting together events and tackling issues that affect our members and the
industry. This year offers additional challenges and opportunities as everyone
copes with the economy and the repercussions of the stimulus package that is
likely to be enacted any day. We know things will get better and certainly
hope it will be soon.
Accordingly, we are putting together programs to help you weather this frustrating time and
help you to position your business for better times ahead. We had a large turnout for our
January luncheon meeting where we learned the status of the MHIA (Manufactured Housing
Improvement Act) from our SAA and from the HUD official in charge. (See story on page
16).
The next program on the NJMHA Calendar is a Dinner Meeting on March 12 featuring
“Community Survival Strategies” with a panel of industry experts offering suggestions and
responding to your questions: Margaret Carmeli, Lori Greenberg, John Solly, and Joe Esola.
This is also a time to share ideas with your colleagues. The event is at the Farnsworth
House in Bordentown. (Details and registration on page 18).
On April 20 the Annual Golf Outing will be held at Olde York Country Club. This year the
proceeds will supplement the NJMHA Operations since we have funds in our CPC Fund.
(Registration form insert in this newsletter)
Also on the Calendar is a MHIA Installation Seminar on May 7 that will be held at Jensen’s
Deep Run. Co-presenters will be Jack Mallon and Chris Hanlon. Mark your calendars; registration information will be coming soon.
The biggest event of the year will be our 5-State Convention at Bally’s Atlantic City October 21 & 22. The Convention Committee welcomes your suggestions for speakers and educational sessions. Send your suggestions to [email protected]
INSIDE THIS ISSUE
Towns Can Ban Sex Offenders:
Can Landlords?
Floor Plan Lending Issue Update
Right of First Refusal
Mid-Year Rent Increases
Vendors in Your Communities
NJMHA Events
NJMHA Committee for MHIA
4
5
7
8
9
10
10
Somers-Baker Update
Triad Celebrates 50th Anniversary
Legislative/Regulatory Cmty Report
Modern Homes Suspended by MHI
HUD Limits Inspection of Hinged Roofs
January Meeting Highlights
NJMHA Website
March Dinner Meeting
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15
15
16
17
18
Housing Insight
January/February 2009
Page 2
Housing Insight
January/February
July/August 2008 2009
HOUSING INSIGHT
Ph: 609-588-9040
Published by NJMHA
Fax: 609-587-6697
Editor: Joan B. Fittz
2741 Nottingham Way
Trenton, New Jersey 08619
E-Mail: [email protected]
Website: www.njmha.org
2009 BOARD OF TRUSTEES
OFFICERS
PRESIDENT: Diane Oresto
Clearwater Village, Spotswood, NJ
1st VICE PRESIDENT: Stephen Coyle
Wickatunk Enterprises, LLC, Morganville, NJ
2nd VICE PRESIDENT: Bruce Callen:
Schechner Lifson Corp., Summit, NJ
SECRETARY: Sean Dalton
Haylor, Freyer & Coon, Inc., Syracuse, NY
TREASURER: Lori C. Greenberg, Esq.
Lori C. Greenberg & Associates, Marlton, NJ
PAST PRESIDENT: Lila Motter
Chapman MH, Vineland, NJ
TRUSTEES
Robert V. Dolan: Dolan Enterprises, Egg Harbor
Twp., NJ
Dan Dugan: Marlette Homes, Elkton, MD
Christopher J. Hanlon, Esq.: Hanlon Niemann,
P.C., Freehold, NJ
Fred Hebeler: Land O’Pines MHP, Jackson, NJ
Warren Keyes: Sunscape Homes, North East, MD
Tom McCann: Key West Insurance Agency, Sewell,
NJ
Debbie Skipper: Pine View Terrace, LLC
Jim Sonday: Jensen’s Deep Run
NancyLu Viviano: Fountainhead Properties,
Jackson, NJ
Jim Welsh: Tammac Corp., Wilkes-Barre, PA
PAST PRESIDENTS COUNCIL
Steve Bergstrom: Holly Tree Acres, Pittsgrove, NJ
Skip Chapman: Chapman MH, Vineland, NJ
David Rivkin: Galaxy Manor, Toms River, NJ
John C. Solly: Galaxy Manor, Toms River, NJ
STAFF
Joan B. Fittz, Executive Director
Valerie Buongiovanni, Administrative Assistant
Housing Insight serves as a medium of exchange of ideas and information
on the manufactured housing industry to members. No responsibility is
assumed by the publisher for its accuracy or completeness. The views expressed and the data presented by contributors and advertisers are not to be
construed as having the endorsement of NJMHA, unless so specifically
stated.
Page
Page3
MARK YOUR CALENDAR!
NJMHA EVENTS
January
15 Board of Directors Meeting
21 Membership Luncheon, Mt. Laurel Marriott Hotel
“How to Comply With the Manufactured Housing
Improvement Act”
February
1-3 MHI Winter Meeting
5 MHIA Committee Meeting
12 Programs Committee Meeting
18 Executive Committee Meeting
March
12 Dinner Meeting, Farnsworth House, Bordentown
Strategies for Communities in Challenging Times
19 Board of Directors Meeting
26 Programs Committee Meeting
April
14-16 MHI National Congress
15 Executive Committee Meeting
20 Golf Outing, Olde York Country Club
30 NeMHA Meeting
Watch for additional events on our website and in our
E-mail Updates—Remember, you can download registration
forms and directions for events from our website:
www.njmha.org
Please Support Our Advertisers!
Advertisers Index
Ernst, Ernst & Lissenden
Fleetwood Homes of PA
Garden Homes Management
GPM Associates, Inc.
Hanlon Niemann, P.C.
Key One, Inc.
Key West Insurance Agency
Lori C. Greenberg & Assoc.
Marlette Homes
Modern Financial Plans & Svc.
MSI
Rosenbluth, Corsanico & Matz
Schechner Lifson Corp
Security Mortgage Group
The Bank
Tyler & Carmeli, P.C.
U.S. Bank
732-349-2215
800-319-4087
203-653-2475
856-354-2273
732-863-9900
800-253-8018
856-374-1520
856-596-9300
717-248-3947
800-523-5686
800-247-1674
610-239-6960
908-598-7800
585-423-0230
866-248-bank
609-631-0600
866-300-8345
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19
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15
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12
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14
Housing Insight
January/February 2009
Page 4
TOWNS CAN NO LONGER BAN SEX OFFENDERS; CAN LANDLORDS?
In what has been viewed by many observers as a landmark decision an Appellate Division panel in the Superior Court of
the State of New Jersey ruled in favor of the convicted sex offenders on July 15, 2008 in two consolidated cases challenging municipal restrictions which ban the residency of convicted sex offenders within a designated distance of
schools, parks, playgrounds and daycare centers. G.H. v. Tp. of Galloway, 401 N.J. Super. 392 (App. Div. 2008). The
decision was based upon the doctrine of preemption which prohibits municipalities from exercising their legislative
power over matters where the State has implemented comprehensive control. In so ruling the Court relied upon a provision of the legislation known as Megan’s Law which prohibits “. . .use of any information disclosed pursuant to this
Act” to deny housing accommodations. The Appellate Division struck down two municipal ordinances as being violative of this statutory scheme.
The Court noted that one of the problems with these ordinances was their scope. Using five hundred foot zones (or one
thousand foot zones as many of these ordinances do) and applying them to most municipalities will render unavailable
many, or in some cases, any practical housing opportunities for these sex offenders. For example, in Cherry Hill (one of
the defendant municipalities in that case) there were only two areas which were not within these school zones. One was
an undeveloped field, and the other was a very expensive residential subdivision (not a practical housing opportunity for
parolees).
However, this decision did not decide the question of whether or not private housing providers are allowed to continue to
perform criminal background checks (not limited in their scope to information received pursuant to sex offender disclosures under the Megan’s Law) from continuing to do so. It expressly recognized that in a prior decision before the Appellate Division Mulligan v. Panther Valley Property Owners Association, 337 N.J. Super 293 (App. Div. 2001) involving a challenge to a prohibition of Tier 3 sex offenders (those most likely to violate the law again) in a common interest
development, the matter was not decided because of an inadequate record.
Accordingly, this Galloway decision does not mean that housing providers cannot continue to perform criminal background checks on all applicants. It would be the most prudent practice not to use a screening standard limited in its
scope to information received by a landlord from a sex offender disclosure which would typically come from a County
Prosecutor’s office pursuant to Megan’s Law, or made available through some other published source (such as the internet). A broader search of all criminal convictions would be the better practice.
In fact, there are numerous authorities which continue to endorse the practice of using a criminal background check as
part of a uniformly applied screening criteria even when dealing with members of protected classes. 42 U.S.C.A. 3604
(F)(9)(Fair Housing Act); 24 C.F.R. 982.307(a)(3) (H.U.D.’s regulations enforcing the Fair Housing Act); DCA’s Landlord’s Guide to Section 8 Housing. In Maglies v. Estate of Bertha Guy, 193 N.J. 108 (2007) the Supreme Court, in dicta,
referenced the right of a landlord to refuse to allow the continued occupancy of a resident otherwise disqualified because
of a “past conviction.”
Almost every legal authority dealing with private housing providers recognizes a landlord’s right to screen using criminal background checks. It would be the height of absurdity to restrict the housing provider’s right to turn away those
most likely to commit another sex crime while every other person with a criminal background could be the subject of an
adverse discretionary determination at the time of application made to a private housing provider. This author predicts
that will not happen in New Jersey. For now, there is no law that eliminates this discretion on the part of housing providers and therefore a uniformly applied written screening policy which contains specific reasonable criminal history
disqualifying criteria is sustainable.
Christopher J. Hanlon, Esq.
Hanlon Niemann, P.C.
732-863-9900
[email protected]
Housing Insight
January/February 2009
Page 5
MHI UPDATE ON FLOOR PLAN LENDING ISSUE
As you know, the lack of adequate floor plan lending continues to be an issue for industry retailers regarding the financing of their inventories. This Housing Alert outlines the various activities MHI has undertaken over the past few
months regarding this important issue.
Earlier this week, HR 384 passed the U. S. House of Representatives. This bill provides guidance to the Obama Administration on how to spend the second $350 billion of the TARP funds. MHI successfully advocated for language in
HR 384 to address the floor plan lending situation as it relates to our industry. As a direct result of our efforts, the bill
includes language that gives the Treasury Secretary the authority to take any action to support the availability of loans
to small businesses, including “dealer floor plan financing,” directly or through the Federal Reserve Board (Fed) or any
Federal Reserve Bank. Although it is unlikely that the Senate will consider this legislation, the House views this bill as
a marker for the Obama Administration to recognize as it allocates the remaining TARP funds.
In addition, in meetings with key Members of the House Financial Services Committee this week, MHI has learned
that the Committee will invite the Fed to testify before it in the coming weeks regarding commercial credit issues. MHI
will work with key Members of Congress to raise the floor plan lending issue during this hearing and to push the Fed to
address the lack of adequate liquidity in this market.
Below is a brief description of other actions MHI has undertaken since the first announcements were made by the 3
national floor plan lenders to curtail lending in mid-November:
 Outlined immediate course of action on Officers call on November 14.
 Contacted Independent Community Bankers Association (ICBA) and the Small Business Administration (SBA) to
(Continued on page 6)
***MARK YOUR CALENDARS***
The New Jersey Manufactured Housing Association
is proud to host the next
5-STATE MID-ATLANTIC CONVENTION
Explore the waves of the future for the industry
Learn how to navigate the choppy seas of our economy to your advantage
 Have a whale of a time with your colleagues


Housing Insight
January/February 2009
Page 6
(Continued from page 5)
explore inventory lending programs. (SBA advised that loan requests should refer to “inventory financing” as opposed
to “floor plan lending”).
 Distributed a Housing Alert to all MHI members on November 17 that: 1. provided a list of community bank lenders; 2. furnished information on SBA’s 7(A) inventory loan guaranty program.
 Conducted conference call with state execs to outline course of action and provide link to state-based community
bank associations.
 Petitioned U.S. Treasury Secretary Paulson in a formal letter sent on November 21, calling on Treasury to require
non-bank lending institutions offering MH inventory financing who receive TARP funds to dedicate a portion of those
funds to maintain this financing.
 Sent a letter to Fed Chairman Bernanke emphasizing that their Commercial Paper Funding Facility (CPFF) restricted to the highest rated issuers should go beyond the top-rated issuers, as lower-rated issuers have suspended inventory lending to retailers.
 Participating in a coalition with large, 2nd tier issuers on CPFF, e.g. Nissan, Textron Financial, to coordinate strategy with Fed and Treasury.
 Ongoing conversations with Fed staff who are evaluating extending the CPFF to lower-rated issuers.
 Met with the Equipment Leasing and Finance Association whose members have business lines that include inventory financing.
 Distributed survey to manufacturers to assess impact of national floor plan lending on the industry’s structure and
production.
 Conducted webinar on January 21 with community bank lenders which briefed over 100 MHI-member retailers and
members on lending criteria and inventory lending programs.
 Drafted prototype presentation for retailers to use when approaching their local banks for inventory financing.
 Signed a joint letter, dated January 22, 2009, to the leadership of both the United States Senate and the U.S. House
of Representatives, which requests Congress to work with the Treasury and the Fed to encourage the expansion of the
CPFF to include Tier 2 commercial paper.
MSI
MANUFACTURED HOME SERVICE
HEATING
AIR CONDITIONING
HEAT PUMPS
SALES & SERVICE for
COLEMAN
INTERTHERM
MILLER
TOLL FREE
1-800-247-1674
web site: www.msi-mhs.com
Housing Insight
January/February 2009
Page 7
RIGHT OF FIRST REFUSAL
When is the right of first refusal triggered? What does it mean? The Legislative Committee continues to track case interpretation of the Mobile Home Protection Act which affords, in certain cases, the owners of manufactured homes a
“right of first refusal” to purchase the community in the event that the community is being sold by the community
owner. A review of legislative action in other states is informative.
The majority of States do not have a similar statute. States having this type of legislation include: Connecticut, Washington, Delaware, Florida, Massachusetts, New Hampshire, Rhode Island and Vermont. The legislation enacted in the State
of Washington was held to be in violation of the Washington State Constitution. There is a great deal of variability
among the various States’ legislation. For example, Alaska does afford this right to homeowners in a manufactured
housing park, but only in the situation where the community has common interest ownership. Similarly, Delaware’s legislation applies only to the case of a conversion of a community to a manufactured housing condominium or cooperative
community. Connecticut’s statute only applies in the situation where the owner intends to discontinue the use of land as
a manufactured housing community or to sell the land used as a manufactured housing community to any person who
intends to discontinue its use as such. The Florida statute has been interpreted to apply broadly to transfers, including
where there is not change in use.
In some of these states, the offer is made only to the homeowner’s association, and not to the individual homeowners. In
some of these states, including Massachusetts and Rhode Island, the homeowner’s association must represent at least
fifty-one percent (51%) of the individual homeowners, in order to exercise the right of first refusal. However, in Vermont, if the homeowners association does not exercise its right of first refusal, the right of first refusal is extended to the
individual homeowners.
Massachusetts and Washington have considered their respective state’s legislation in the context of whether or not requiring an owner to offer a right of first refusal constitutes a constitutional violation. In Massachusetts, the State Supreme Court held that the statute giving tenants of manufactured housing communities the right of first refusal to purchase property did not create a facially unconstitutional regulatory taking of property without just compensation. In that
case, the Court held that the statute substantially advances legitimate state interest in preservation of available property
to accommodate manufactured housing communities, and further held that the statutory right of first refusal does not materially affect marketability of the property so as to deprive it of economic value. However, the Supreme Court of Washington found that the statutory grant of a right of first refusal to tenants of mobile home parks amounts to a taking and
transfer of private property without a judicial determination of public necessity and without just compensation having
been paid as required by the Washington State Constitution.
For community owners in New Jersey, it is not surprising that the legislature enacted protective litigation. The New Jersey Statute is subject to specific exemptions and does not apply to all transfers. The New Jersey Statute is more narrowly drafted than some legislation. However, it has not been subject to the challenge and Court interpretation to the
same level as some other State statutes.
By Margaret B. Carmeli, Esquire, Tyler and Carmeli, P.C.
TYLER & CARMELI, P.C.
Attorneys at Law
George J. Tyler
Margaret B. Carmeli
Serving New Jersey business in the following areas of law:
Environmental Issues  Contract & Construction Issues  Commercial Transactions  Insurance Coverage
Litigation  Regulatory & Legislative Representation  Planning & Zoning  Real Estate
1 AAA Drive, Suite 204, Robbinsville, New Jersey 08691
Tel 609-631-0600
Fax 609-631-0651
[email protected]
[email protected]
Housing
Insight
Housing
Insight
July/August 2008
January/February
2009
Page 8
BE CAREFUL MID-YEAR RENT INCREASES ARE GENERALLY NOT VALID.
Requirement for a written lease. The Mobile Home Act requires park owners to give at least a one-year written lease
to all renters of space within a month after they move in. This is the only form of residential tenancy in New Jersey
where a written lease for a particular period of time is required. N.J.S.A. 46:8C-4.
In a recent court decision the judge found against a landlord of a manufactured housing community for raising rents on
an annual basis. Meaning that all rents were raised on January 1, regardless of when the residents moved in. Unless a
landlord has rent control with no vacancy decontrol this is not permitted. Rent should be raised on the new resident
when they move in and may not be raised again for 12 months. If a landlord wants to have an annual increase date, that
may mean as many as 23 months pass before the next increase.
There are several options in this case:
 Increase the rent on the incoming resident when they move in. Set an annual increase date and only increase
residents who have been in the community for 12 months on that date.

Establish an annual rent increase date for every resident depending on their lease date even though it may mean
12 different increase dates. The landlord can still send out the notices to quit in one batch but have different start
dates for the rent increase on the notices to quit to the residents.

The court found the residents could not waive their right to have an initial 12 month lease and that no increase in
rent could be given in the first 12 months except for charges like municipal service fees or other government
assessments against the residents. (If your community has a municipal service fee, make sure you disclose it in
your lease or rent receipts.)
By: Lori C. Greenberg, Esquire , 856-596-9300, [email protected]
Thinking of Selling your Manufactured Housing Community?
Contact
GARDEN HOMES MANAGEMENT CORPORATION
One of New Jersey’s Largest Community Owner/Managers
Since 1984 - 19 locations - 1,727 sites
All sizes considered (our communities range from 34 to 244 sites)
Cash or owner financing to suit your needs
Quick response and quick closing
Deal directly with the principal:
Richard Freedman, President (203) 653-2475
[email protected]
HousingInsight
Insight
Housing
July/August 2008 2009
January/February
Page9
Page
CAUTION ON VENDORS IN YOUR
COMMUNITY
Recently Gas Companies have been coming into communities and trying to strong arm residents into switching. One
such gas company went into a community in Jackson and
told residents that if they did not switch their gas would be
turned off.
Communities should require any vendor who comes into
the community to register and show their license and proof
of insurance to make sure they are legitimate. If the technology is available, Google the company.
If there continues to be a problem, contact the local police
and advise them that this is going on. Here is a web site
about rip offs and cons by a gas company that went to Jackson. Here is what the internet had to say about one such
company:
http://www.google.com/search?
q=mx+energy+scam&ie=utf-8&oe=utf8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a
http://www.complaintsboard.com/bycompany/
LORI C. GREENBERG & ASSOCIATES
"I take pride in personal and responsive service to my clients."
Lori C. Greenberg,
More than twenty years of experience in land lease community issues
including but not limited to:





Rent Control
Landlord/Tenant Disputes
Evictions
Oil Tank & Resale Issues
Contract and Lease Issues



Abandonment
Title Transfers
Fair Rate of Return and Hardship
Increase
1 Eves Drive, Suite 111
Marlton, New Jersey 08053
Phone: (856) 596-9300
Fax: (856) 424-7264
E-mail: [email protected]
17th Annual
NJMHA Golf Tournament
Olde York Country Club
228 Old York Road
Chesterfield, NJ 08515
April 20, 2009
Join your colleagues and friends for a day of fun at this
premium Gary Player designed course. This year all
proceeds will benefit NJMHA directly!
Schedule:
9:00 a.m.
10:00 a.m.
10:30 a.m.
4:00 p.m.
Registration and Continental Breakfast
Putting Contest
Shotgun Start
BBQ Buffet, Prizes and Happy Hour
Includes:
Golf & Cart, Contest markers, Scoring services, Continental Breakfast,
Beverage & Snack Cart, Buffet and Happy Hour
Golfers
Donations
Company: _____________________________
 I have a foursome; players names are:
1. ____________________________________________
2. ____________________________________________
3. ____________________________________________
4. ____________________________________________
 Place me in a foursome.
Name____________________________________________
 Door prizes (bring them to registration table)
 Golf Gift Bag items (send before April 14)
($175 per person)
Total_____________
Sponsors
Sponsorship promotes your business on a sign, listing in program book, and recognition in Housing Insight:
Hole/Specialty Sponsorships are $175 each:
 Hole Sponsor
 Longest Drive (one each male, female)
 Straightest Drive (one each male, female)
 Closest-to-Pin (one each male, female)
 Golf Balls
 Beer Sponsor
 Beverage/Snack Cart Sponsor
 Hole-In-One Sponsor is $250
Total______________
Buffet & Happy Hour Only
$65 per person. List persons attending:
_______________________ __________________________
Total_______________
Gift Bag Items: Tees, hats, pens and other promotional donations accepted!
Payment for all selections
Contributor Name: _________________________________
Occupation: ______________________________________
Employer: ________________________________________
Employer Address: _________________________________
_________________________________________________
_________________________________________________
Phone ______________ E-mail_______________________
Grand Total________________
Scoring:
Scramble
(One score per
foursome, play
best ball)
Mail to:
NJMHA
2741 Nottingham Way
Trenton, NJ 08619
Ph: 609-588-9040
Fax: 609-587- 6697
E-Mail: [email protected]
All fees are non-refundable—we
play rain or shine!
Driving directions on the back and on
www.njmha.org
About Olde York Country Club
Olde York Country Club is a modern masterpiece, designed by Gary Player, carved out of the undulating grasslands and
wooded slopes of Central New Jersey. This 18th century dairy farm is golf design and natural beauty coming together
at its best, offering a world-class private club experience. Since opening in April of 1995, Olde York Country Club has
received national recognition for its Gary Player Signature designed golf course.
Olde York’s extraordinary new clubhouse which opened in 2003, sits as the focal point for this 180-acres masterpiece.
From the casual patios, to one of our two full-service dining rooms, the clubhouse offers spectacular panoramic views
of the golf course. Additionally, the clubhouse offers an aquatic facility, private conference room, business meeting
areas, and is equipped with the state-of-the-art technology to satisfy any needs for presentations, meetings and special
events. Olde York’s clubhouse is the perfect choice if you are relaxing with family and friends, planning a business or
social event, or hosting a golf outing.
Olde York’s banquet facility uniquely captures the spirit and elegance of life’s celebrations and offers a superb location
for any special occasion. Our banquet facility offers seating 30 to 200 guests, and is equipped with all the amenities
your celebration or event deserves. Our goal is to provide you with world-class quality and service, and to ensure that
your special occasion is a memorable one.
Directions
From Southern New Jersey: Take Interstate 295 North to exit 57 (Route 130). Proceed off the exit onto Route 130
North. Take Route 130 North for approximately .25 miles to the 1st traffic light (Farnsworth Avenue). Make a right turn
onto Farnsworth Avenue. Take Farnsworth Avenue for approximately .25 miles to the intersection of Route 206 (1st
traffic light). Make a right at intersection onto 206 South proceed through the next two traffic lights. Stay in right lane
and take the Route 68 jug handle. Turn Left onto 206 North, make your first right after the Gas Station onto Old York
Road (Sign for Golf Course). Proceed .4 miles to the Olde York Country Club entrance on right. Make a right turn and
follow entrance road to the top of the hill.
From Southern New Jersey: Take Route 206 North to intersection of Route 68. Proceed straight through the intersection for approximately .25 miles to Old York Road (1st turn after Gas Station). Make a right turn onto Old York Road.
Take Old York Road for approximately .4 miles to Olde York Country Club entrance on the right. Make a right turn
and follow entrance road to top of hill.
From Northern New Jersey: Take Interstate 295 South to exit 57A (Route 130). Proceed off the exit onto Route 130
North. Take Route 130 North for approximately .25 miles to the 1st traffic light (Farnsworth Avenue). Make a right turn
onto Farnsworth Avenue. Take Farnsworth Avenue for approximately .25 miles to the intersection of Route 206 (1st
traffic light). Make a right at intersection onto 206 South proceed through the next two traffic lights. Stay in right lane
and take the Route 68 jug handle. Turn Left onto 206 North, make your first right after the Gas Station onto Old York
Road (Sign for Golf Course). Proceed .4 miles to the Olde York Country Club entrance on right. Make a right turn and
follow entrance road to the top of the hill.
From Northern New Jersey: Take Route 206 or Route 130 South to the interchange of Route 206 and Route 130. Bear
left onto Route 206 South for approximately 3.5 miles, bear right to the Route 68 jug handle. Make left onto 206 North,
make first right after Gas Station onto Old York Road. Proceed .4 miles to the Olde York Country Club entrance on
right. Make a right turn and follow entrance road to the top of the hill.
From New Jersey Turnpike: Take the New Jersey Turnpike to Exit 7. Bear left through the toll booths onto Route 206
South. Take Route 206 South for approximately .5 miles to Route 68 jug handle. Turn left onto 206 North, make first
right onto Old York Road, after the Gas Station. Make a right turn on to Old York Road. Take Old York Road for approximately .4 miles to Olde York Country Club entrance on the right. Make a right turn and follow entrance road to
top of hill.
Housing Insight
January/February 2009
NJMHA COMMITTEE WORKING ON
MANUFACTURED HOUSING IMPROVEMENT
ACT OF 2000 (MHIA)
As our members all know, New Jersey has very stringent
installation requirements for manufactured homes. At
this point, however, the State has not implemented the
Standards set forth by the MHIA.
The NJMHA Board of Directors has appointed a committee to review the MHIA and the current NJ Installation
Standards. Members of t his committee are Diane Oresto,
Chris Hanlon, Jack Mallon, Steve Coyle, Dan Dugan,
Nancylu Viviano, Lila Motter , and Joan Fittz. As of today it is expected that NJ will receive conditional approval of existing standards. The Committee is studying
the best strategy for our association.
To read the actual Rule you can access this site:
http://www.hud.gov/offices/hsg/sfh/mhs/mhip.cfm
___________________________________________
MEMBERSHIP NEWS
Please Update Your Who’s Who Directory:
Brighton At Barnegat
Kathy Collins, Mgr.
E-mail: [email protected]
Grande Woods North
Kimberly J. Nardy, Mgr.
Triad Financial Services
E-mail: [email protected]
Garden Homes Management
Don Paetzold, Mgr.
Pine Crest Village
Community Street Address Change:
46 Baltimore Avenue
UPDATE ON DEBBIE SOMERS-BAKER
Our friend Debbie Somers-Baker who trained many of
our members in the ACM Course and other educational
programs in the industry has sent a heartfelt thank you to
everyone who contributed towards the fund that New
York Housing collected to help offset her medical expenses. This gift was presented to her at Christmas
time. Debbie is improving and getting stronger physically every day. She is comforted emotionally by the
caring thoughts and encouragement from all of us.
Page 10
Housing
Insight
Housing
Insight
January/February
2009
July/August 2008
Page Page
11 11
TRIAD FINANCIAL SERVICES CELEBRATES 50TH ANNIVERSARY
January 21, 2009. (JACKSONVILLE, FL) – Jacksonville-based Triad Financial Services, one of the top five manufactured housing lenders in the nation, celebrates its 50th anniversary in 2009. The company, which was founded in
1959 as The Investment and Insurance Company to provide mortgage and insurance services to the manufactured
home industry, currently services more than $350 million in loans and enjoys solid relationships with more than 40
lending partners. Triad has branch offices in Jacksonville, Chicago, Houston and Newport Beach, California.
Once a small, niche player in the regional market, Triad enjoyed tremendous growth following its purchase by
Don Glisson, Sr. in 1975. In the 1980s, Glisson’s two sons, Don Jr. and Mike, came on board to help run the family
business, and Triad quickly grew to a multi-million-dollar lender with a strong reputation for responsive service and
consistently high-quality loans. The company has since made its name as a “no-brainer” in the manufactured housing
industry, as it offers manufactured housing dealers fast turnaround and responsive service on loans backed by a diverse range of lending partners. Given the fact that one out of every ten homes sold in the United States today is a
manufactured home, the company has an expansive market sphere and offers a high-profit solution to dealers.
“I’m proud to say we’ve grown our company through the last fifty years because we offer a simple, profitable
program to manufactured home dealers. It’s a win-win situation, in which dealers find it easier to make sales, and
lenders find it easier to build their portfolios with high-quality, low-risk loans,” said Don Glisson, Jr., Triad Chairman
and CEO. “Fifty years is certainly a big milestone for us. We’re proud and gratified to be market leaders in our industry after our first five decades.”
In 2007 Triad was named by The Jacksonville Business Journal as one of Northeast Florida’s 50 Fastest-Growing
Companies. Triad Financial Services is headquartered in Jacksonville, Florida. For more information, visit
www.triadfs.com.
LAW OFFICES
HANLON NIEMANN, P.C.
CHRISTOPHER J. HANLON
CERTIFIED BY THE NEW JERSEY SUPREME COURT AS A CIVIL TRIAL ATTORNEY
HANLON NIEMANN, P.C. is the most experienced firm specializing in resolving legal issues for the
manufactured housing industry in the State of New Jersey. Our attorneys have decades of experience in
dealing with public entities on every level of State, County and Municipal government, in every court
and administrative agency throughout the State.
No one has more experience or success in dealing with complex or everyday resident related matters.
â Rent Control – Rent
Increases
â Land Use and Zoning matters
â Utility issues
PHONE: 732-863-9900
FAX: 732-780-3449
â
â
â
â
Employment Law
Tax Appeals
Oil Tanks – Spill Act matters
Commercial Litigation
JUNIPER BUSINESS PLAZA
3499 ROUTE 9 NORTH
SUITE 1-F
FREEHOLD, N.J. 07723
â All matters involving
Commercial Real Estate
â Refinancing
E-mail: [email protected]
Web: www.hnlawfirm.com
Housing Insight
January/February 2009
Page 12
Housing Insight
January/February 2009
Page 13
LEGISLATIVE/REGULATORY COMMITTEE REPORT
Margaret B. Carmeli, Chair
JANUARY 2009
LEGISLATIVE MATTERS – I would like to thank the Board and Officers for the opportunity to again serve as Chair
of the Committee. I appreciate the opportunity and look forward to working with NJMHA members this year. If you are
interested in becoming a member of the Legislative/Regulatory Committee, please call Joan Fittz or me.
Sub-Metering – Sub-metering legislation will be retuning in this legislative session. We expect that in this year,
NJMHA members will be called upon to consider the benefit and detriment of being authorized in legislation to submeter.
The Assembly did not vote on December 15, as scheduled, on the bill that was released from Committee to allow submetering and billing for water use by the owners of multiple family dwellings. Session schedules are being monitored in
the current session. The legislation does not include land-leased communities and only applies to multi-family dwellings.
Legislation now before the Assembly includes restrictions on requiring tenants to pay for individual meters and costs pass
through formulas that may result in economic losses to communities which sub-meter. Acceptable cost sharing provisions would need to be a part of any legislation that owners of manufactured housing communities could support.
Whether legislation is pursued, and if pursued whether inclusion in the legislation covering multiple family dwellings or
separate legislation is a better course of action, are likely to be in the forefront of our legislation efforts next year.
Permit Extension Act - On September 6, 2008, Governor Corzine signed the Permit Extension Act of 2008. That Act
provides that all permit approvals issued by the State of New Jersey, and particularly the New Jersey Department of Environmental Protection are extended from January 1, 2007 to July 1, 2010. The Act was proposed in response to the poor
economic conditions affecting the building and real estate industries in New Jersey. The Act does not apply to certain
“environmentally sensitive areas”, including portions of the Highlands that are not designated as growth areas. DEP is
preparing a list of permits that are extended. Filing of an extension or renewal request during the effective period of the
(Continued on page 14)
Comprehensive Planning &
Engineering Services for
Land Development
Home Tie Down Plans
John J. Mallon
John N. Ernst
Robert J. Romano
ERNST, ERNST & LISSENDEN
CONSULTING ENGINEERS, PLANNERS AND SURVEYORS
52 Hyers Street, PO Box 391 Toms River, New Jersey 08753
Telephone: (732) 349-2215 Fax (732) 349-4127
www.eelengr.com
Housing Insight
January/February 2009
Page 14
(Continued from page 13)
Act may limit the actual length of time that a permit is effectively extended. The impact of the Act on an individual permit should be evaluated before filing a renewal or extension application.
REGULATORY MATTERS –The committee continues to review and monitor agency rulemaking as published in the
New Jersey Register.
Allocation Permit Fees – The New Jersey Department of Environmental Protection (“DEP”) is increasing fees for Water Supply Allocation Permits, temporary dewatering permits and water use registrations. The new fee schedule took
effective on January 1, 2009.
Enforcement – DEP has announced targeted enforcement against community water supply system owners and operators
filing reports late. In these situations evidence of delivery is an important defense tool. Use receipted delivery or have
verification for electronic filings.
If there are any questions or suggestions, please feel free to call me at any time.
Housing Insight
January/February 2009
MHI SUSPENDS PUBLICATION
OF MODERN HOMES
Page 15
HUD LIMITS INSPECTION REQUIREMENTS
FOR MANY HINGED ROOF SYSTEMS
Over the past several years, it is no secret that technology has drastically changed the way information is
communicated. In 2008 MHI introduced MH NewsWire, the only daily publication by the industry and for
the industry that is distributed to over 10,000 readers
each day by E-mail. The publication contains updates
on national, industry, and MHI news. Because of the
success of the MH NewsWire, and to make best use of
available resources, the MH Newswire will become
MHI’s main vehicle of communication to the industry.
In doing so, MHI has made the decision to suspend
publication of the quarterly Modern Homes magazine.
MH Newswire will also begin to combine the most
popular features of Modern Homes with the current
features of the Newswire. The daily e-newsletter will
soon provide information on the technological advancements in the industry made by members (Cutting Edge
Technologies section), Movers and Shakers (updates
from members on promotions, new employee’s, etc.),
articles and case studies, state news, a link to the industry calendar of events and much more.
This decision was not made without careful research
and consideration. MHI had conducted a MH Newswire
readership survey during the Fall of 2008. Survey results show that the readers value the MH NewsWire.
MHI is pleased to be able to offer this extremely valuable service to the industry, and is excited to combine
the best of both publications offering one complete
package. New MH NewsWire sponsorship opportunities
will be forthcoming. If you have any questions or are a
member and wish to contribute Cutting Edge, Movers
and Shakers items or State News, please contact
[email protected] or (703) 558-0668.
In an action that will greatly benefit housing affordability
and manufactured home buyers, HUD has formally approved
a “generic” Alternative Construction (AC) Letter for certain
hinged-roof/ridge-box assemblies, thereby eliminating costly
and administratively burdensome on-site AC inspections.
The AC Letter covers three specific designs that are based on
the most commonly used double-hinged and ridge-box roof
assemblies. The AC Letter is available for use as a template
by any manufacturer that chooses to use one of the three approved designs under the alternative construction provisions
of the HUD-Code.
This AC approval is the result of efforts initiated by MHI last
year in response to HUD’s directives that imposed AC requirements on hinged-roof/ridge-box assemblies that MHI
and its members did not believe were justified. In their announcement yesterday to Primary Inspection Agencies
(PIAs) and State Administrative Agencies (SAAs) HUD
noted that “this AC approval was developed by the Department working together with a task group of industry engineers organized by MHI.”
Help a fellow
member. Contribute to the NJMHA
Community. Join
a committee.
Send us a story
on an issue that
affects your colleagues. Tell us
what type of
seminar you need
to attend.
Eliminating these mandatory
inspection requirements will
reduce overall costs of constructing and completing the
homes by up to $1000 or more.
It also removes administrative
obstacles such as inspection
scheduling problems that have
significantly discouraged retailers and home buyers from
ordering homes with steeper
roof pitches, which home buyers prefer and that help dispel
negative stereotypes about
manufactured housing.
ROSENBLUTH, CORSANICO & MATZ
CERTIFIED PUBLIC ACCOUNTANTS
SPECIALIZING IN
MANUFACTURED HOUSING COMMUNITIES
2231 DEKALB PIKE
EAST NORRITON, PA 19401
Phone: (610) 239-6960
Fax: (610) 239-6963
E-mail: [email protected]
THOMAS P. CORSANICO, CPA
DOUGLAS L. MATZ, CPA
Housing Insight
January/February 2009
Page 16
JANUARY MEMBERSHIP MEETING HIGHLIGHTS
The Membership Luncheon Meeting held on January 21 was very well attended. This first event of the year had a tightly
packed agenda. A streamlined business meeting included comments from President Diane Oresto, Executive Director
Joan Fittz, and reports from NJMHA Committee Chairs. The 2009 Board of Directors was officially sworn in by Margaret Carmeli, Esq.
Margaret Carmeli, Esq., administers the oath of office to the NJMHA Board of Directors for 2009. Shown here are: Sean Dalton,
Jim Sonday, Fred Hebeler, John Solly, Steve Bergstrom, Dave Rivkin, Lori Greenberg, Esq., Dan Dugan, Lila Motter, Steve Coyle,
Debbie Skipper, Bruce Callen, and President Diane Oresto. Other elected Board Members not in attendance: Skip Chapman,
Robert Dolan, Christopher Hanlon, Esq., Sparky Keyes, Tom McCann, Nancylu Viviano, and Jim Welsh
Guest speakers Elizabeth Cocke, Deputy Administrator for Manufactured Housing at
HUD and Peter Desch, NJ SAA explained the status of our state regarding compliance with the Manufactured Housing Improvement Act of 2000 (MHIA). After
many years of negotiations with the Manufactured Housing Consensus Committee
and the Manufactured Housing Institute among others, the Model Standard is now in
effect as of January 1, 2009. Cocke summarized the history and progress of the
MHIA. Approximately 25 states have legislated their own installation standards that
have been approved by HUD. There are currently 38 States that have HUD SAA’s
(State Administrative Agent) and the goal of HUD is for all of those to run their own
programs. A handful of states are expected to be default states and their installation
programs will be administrated by HUD.
Elizabeth Cocke makes a point as
Peter Desch looks on while the pair
New Jersey is one of several states that have applied for Conditional Approval status. fielded questions.
This status gives a state three years in which to meet all criteria required by HUD in
the Act. The state must attest that it currently meets some of the conditions and that they are working towards meeting
full compliance to run their own program. By the end of the three period the state must either have legislated to enact
administration by New Jersey, become a default state, or apply for an extension of conditional status. HUD prefers that
states administer their own programs.
Desch explained that the State sent in an application for conditional approval this past fall, but acceptance has not yet
been granted. In fact, Cocke was scheduled to meet with the DCA the following day while she was still in New Jersey to
discuss how New Jersey will achieve compliance.
It is expected that the Conditional Approval will be granted as New Jersey has most of the elements in place.
NJMHA members learn a lot from each other while they socialize. Something
amusing has engaged these folks: John Solly, Dave Rivkin, Jack Mallon, Bob
Benhardt, Joe Laux, Steve Bergstrom, Joe Succi and Walt Nalbone.
[A summary of the MHIA was included in
the Sept/Oct 2008 Housing Insight. You can
also visit the HUD website to read the entire
Rule], http://www.hud.gov/offices/hsg/sfh/
mhs/mhshome.cfm
Questions were presented regarding training
and licensing of installers. Both ultimately
will be required whether HUD or the State
administers the program. Desch stated that
under conditional status, “The way we do
things now will continue for 3 years.”
Housing Insight
January/February 2009
Page 17
What Does the NJMHA Website Do for Me?
Several years ago NJMHA moved into the world of the internet by creating our website www.njmha.org to provide our
members with an important resource for business operation in today’s world. Over the years we have refined the site
and added features targeted for three primary audiences, the Public, NJMHA Members, and Potential NJMHA Members.
The internet has become a primary source of information for buyers. www.njmha.org is visited daily by the public
seeking to learn about manufactured housing in New Jersey. This audience reads the Home Page then can link to Communities to find housing opportunities. They can also go to Suppliers to find names of member companies who provide
products or services to the industry. All NJMHA members in good standing have their businesses listed in these sections. Businesses that list e-mail addresses and websites make it easy for customers to contact them with just a mouse
click. (Members: please be sure to make NJMHA Staff aware of any changes of contact information for your business so
we can update the website.)
In addition to the public access pages of the website, our members have exclusive access to the
Members Only section. Every year a new User Name and Password are shared with members in
good standing. This section contains an array of information that you can easily access any time:
Calendar of Events (registration form links included), archived E-Newsletters, archived bi-weekly
News Updates, and various news items in Archived NJMHA News. If you want hard copies of any
of these items you can easily download and print them.
Potential members, like the general public, can learn about our association and industry through various links on the
home page. They can also click on the Benefits/Join link to download a membership application. Once they join
NJMHA they are given the access codes for the Members Only section.
www.njmha.org is a major benefit of membership and we encouraged all members to utilize it frequently to stay informed. Be sure to call NJMHA if you have any questions.
Manufactured Housing Specialists
Providing comprehensive manufactured home coverage for:
Tom McCann
Heather Salmon
Mary McCann
Owner Occupied Homes
Tenants & Rental Homes
Seasonal Residences
Vacant Homes
Talk to us about
the benefits of a
partnership.
We can also provide federal flood insurance.
Call our toll free number for a quote.
888– 374-1520
Housing Insight
January/February 2009
Page 18
MEMBERSHIP DINNER
March 12, 2009
6:00 p.m.
Farnsworth House
135 Farnsworth Avenue
Bordentown, NJ 08505
Directions provided upon request. They are also available on www.njmha.org
Community Survival Strategies




Collections
Financing Sales
Bankruptcies
Abandoned
Industry Experts will Share Suggestions on these topics and more!
Lender—Joe Esola, Community Manager— John Solly
Attorneys —Margaret Carmeli and Lori Greenberg
6:00 p.m. Cash Bar
6:30 p.m. Dinner Served (Entrée selected from limited menu that night)
7:00 p.m. Community Survival Strategies
———————————————————————————————————————RESERVATION FORM: Membership Dinner — March 12, 2009 Farnsworth House
Company________________________________________________________________
Name(s) ___________________________ ___________________________________
__________________________ ___________________________________
Phone:_________________________ e-mail __________________________________
Cost: $40 per person
Amount Enclosed ___________________
Return Copy to: NJMHA
2741 Nottingham Way, Trenton, NJ 08619
Phone: 609-588-9040
Fax: 609-587-6697
Registration Deadline is
March 6, 2009
Any cancellations must be
received by March 6
Or you will be responsible
for payment.
Housing Insight
January/February 2009
Page 19
MARK YOUR CALENDARS FOR THESE BIG EVENTS!
MEMBERSHIP DINNER MARCH 12
Community Survival Strategies:
Collections
Financing Sales
Bankruptcies
Abandoned Homes
Farnsworth House
GOLF OUTING APRIL 20
Take a break from your
busy schedule to socialize
with friends at fabulous
Olde York Country Club!
Details & Registration Forms inside...