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#2194116 - 09/28/18 02:09 PM Manufactured Home Community-Only 4 pads-Reportable
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Dwelling - The term includes...or a multifamily residential structure or community.

Multifamily residential structures and communities. A dwelling also includes a multifamily residential structure or community such as ... or a manufactured home community. A loan related to a manufactured home community is secured by a dwelling for purposes of § 1003.2(f) even if it is not secured by any individual manufactured homes, but only by the land that constitutes the manufactured home community including sites for manufactured homes.

Multifamily dwelling - a dwelling, regardless of construction method, that contains five or more individual dwelling units.

So a loan secured with a manufactured home community that only has four rentable pads and no manufactured homes as security would not be reportable, correct?

Thanks in advance.
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#2194229 - 09/28/18 09:29 PM Re: Manufactured Home Community-Only 4 pads-Reportable Likes to Comply
Andy_Z Offline
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I read it to say it is reportable.

"A loan related to a manufactured home community is secured by a dwelling for purposes of § 1003.2(f) even if it is not secured by any individual manufactured homes, but only by the land that constitutes the manufactured home community including sites for manufactured homes. "
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#2194249 - 10/01/18 01:59 PM Re: Manufactured Home Community-Only 4 pads-Reportable Likes to Comply
David Dickinson Offline
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I think the OP's point is that it must be 5+ pads to qualify. IOW, a mobile home park of 1-4 pads is not a "community". I'm not sure about this, but I think that's the question.
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#2194258 - 10/01/18 02:29 PM Re: Manufactured Home Community-Only 4 pads-Reportable Likes to Comply
RR Joker Offline
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I also think that's the question, and I've wondered about the answer to this oddity myself.
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#2194263 - 10/01/18 02:43 PM Re: Manufactured Home Community-Only 4 pads-Reportable Likes to Comply
David Dickinson Offline
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I've never seen this before but as I study this, I think you have to have 5+ pads to qualify as a "community". If you don't have a true dwelling (and only pads), it isn't a dwelling for HMDA until there's 5+ pads. IOW, a 4 pad mobile home park would not be a dwelling for HMDA.
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#2194274 - 10/01/18 03:35 PM Re: Manufactured Home Community-Only 4 pads-Reportable Likes to Comply
Dan Persfull Offline
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I fully understand what a multi-family structure is but where in this definition does it state a mobile home park (community) has to have 5 or more pads to qualify as a multi-family unit. Seems to me they are bringing these communities into the definition regardless of the number of pads.

2. Multifamily residential structures and communities. A dwelling also includes a multifamily residential structure or community such as an apartment, condominium, cooperative building or housing complex, or a manufactured home community. A loan related to a manufactured home community is secured by a dwelling for purposes of § 1003.2(f) even if it is not secured by any individual manufactured homes, but only by the land that constitutes the manufactured home community including sites for manufactured homes. However, a loan related to a multifamily residential structure or community that is not a manufactured home community is not secured by a dwelling for purposes of § 1003.2(f) if it is not secured by any individual dwelling units and is, for example, instead secured only by property that only includes common areas, or is secured only by an assignment of rents or dues.
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#2194287 - 10/01/18 04:10 PM Re: Manufactured Home Community-Only 4 pads-Reportable Likes to Comply
David Dickinson Offline
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I'm not going to stand firm on this as I've never explored this until today (and I've also never seen a 1-4 pad "community") but the OP connected these dots:

1. The definition of "dwelling" includes multifamily residential structure or community. [§1003.2(f)]
2. Multifamily residential structures and communities are defined in §1003.2(n) as having 5+ units.
3. Manufactured Home Community is defined in the Commentary to §1003.2(f) #2 and tells us even when they don't have any manufactured homes, it's still a dwelling.

So the question is "What makes it a 'Community'?" We see that term consistently used in reference to 5+ units, but not when it's 1-4 units.

If you're saying a community doesn't have to be 5+, when it is a "community?" Is 2 pads enough or even 1? Where is this defined?
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#2194302 - 10/01/18 05:35 PM Re: Manufactured Home Community-Only 4 pads-Reportable Likes to Comply
Dan Persfull Offline
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So the question is "What makes it a 'Community'?"

I think that is the key question.
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#2194305 - 10/01/18 05:39 PM Re: Manufactured Home Community-Only 4 pads-Reportable Likes to Comply
David Dickinson Offline
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Likes To Comply: I would email the CFPB with your original question and see how they respond. Let us know if you get a response.
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#2194317 - 10/01/18 06:19 PM Re: Manufactured Home Community-Only 4 pads-Reportable Dan Persfull
Adam Witmer Offline
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Originally Posted By Dan Persfull
So the question is "What makes it a 'Community'?"

I think that is the key question.

I agree that this is the question and appreciate this discussion on one of the micro-points of HMDA. I too haven't looked into this much before this thread, but my thought is that a community would generally require paying of rent and or additional fees for shared amenities, services, and utilities. While Regulation C nor the commentary define a community the preamble to the 2015 final rule references a white paper on manufactured homes in comment 349. That white paper seems to provide some traits of manufactured home communities as follows:

"Manufactured housing communities generally require a homeowner or renter to pay ground rent and additional fees for shared amenities, services, and utilities. Some communities are age-restricted and function as retirement or seasonal homes for residents aged 55 or older."

"There are about 60,000 land-lease manufactured home communities in the US.84 Manufactured-home communities lease plots of land to owners or renters of manufactured housing. Residents of manufactured-home communities most often have equity in their home but pay monthly ground rent for the home’s site and fees for common services. The community business model is built around revenue generation from ground rents, though community operators may also sell or rent new or pre-owned homes directly to consumers."


Based on this, it would seem to me that there is a good argument for a "community" if these traits exist, even if there are less than 5 sites in the "community."

That said, I would do as David suggests and contact the CFPB regarding guidance, though you might expand your question to include whether or not it contains the traits listed in the white paper referenced in comment 349 of the 2015 final rule.

The referenced white paper can be found here: https://files.consumerfinance.gov/f/201409_cfpb_report_manufactured-housing.pdf
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#2194352 - 10/01/18 08:12 PM Re: Manufactured Home Community-Only 4 pads-Reportable Likes to Comply
RR Joker Offline
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I don't think that cuts it really. You are going to have ground rent...period...but plenty of communities don't have other common amenities. Some will, some won't, but if you have 20 pads and ground rent only, it's still a 'community'. But would that be true of 2 pads/no home?
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#2241867 - 09/01/20 03:49 PM Re: Manufactured Home Community-Only 4 pads-Reportable Likes to Comply
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In the mountains
Has there ever been an industry standard established for this subject area?

Is the consensus that there must be 5+ pads on one parcel to be considered a manufactured home community?


What about when there are 5+ single family residences, or multiple duplexes, triplexes or fourplexes on one parcel, if there are 5+ dwelling units in total is this considered a housing complex and therefore a multifamily dwelling?
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#2241955 - 09/02/20 08:44 PM Re: Manufactured Home Community-Only 4 pads-Reportable Likes to Comply
David Dickinson Offline
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I asked the CFPB about the 5+ pads on on parcel and was told (verbally) the this was a multifamily structure.

I cannot get a clear answer on what a Multifamily Residential Community is.

Anyone?
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