[Code of Federal Regulations]
[Title 24, Volume 2]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR203.43f]
[Page 174-175]
TITLE 24--HOUSING AND URBAN DEVELOPMENT
CHAPTER II--OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING
COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PART 203_SINGLE FAMILY MORTGAGE INSURANCE--Table of Contents
Subpart A_Eligibility Requirements and Underwriting Procedures
Sec. 203.43f Eligibility of mortgages covering manufactured homes.
A mortgage covering a one-family manufactured home (as defined in 24
CFR 3280.2(a)(16)) that meets the requirements of this subpart, except
as modified by this section, shall be eligible for insurance pursuant to
this subpart.
(a) The manufactured home, when erected on site, shall have floor
space area of not less than four hundred square feet and shall have been
constructed in conformance with the National Manufactured Home
Construction and Safety Standards as evidenced by a certification label
affixed thereto in accordance with 24 CFR 3280.8.
(b) The mortgage shall cover the manufactured home and site, shall
constitute a mortgage on a property classified and taxed as real estate,
and shall have a term of not more than 30 years from the date of the
beginning of amortization.
(c) In the case of a manufactured home which has not been
permanently erected on a site for more than one year prior to the date
of the application for mortgage insurance:
(i) The manufactured home shall be erected on a site-built permanent
foundation that meets or exceeds applicable requirements of the Minimum
Property Standards for One- and Two-Family Dwellings, 4900.1 (see 24 CFR
200.929(b)(1)) (MPS) and shall be permanently attached thereto by
anchoring devices adequate for all loads identified in the MPS. The
towing hitch or running gear, which includes axles, brakes, wheels and
other parts of the chassis that operate only during transportation,
shall have been removed. The finished grade level beneath the
manufactured home shall be at or above the 100-year return frequency
flood elevation. The site, site improvements, and all other features of
the mortgaged property not addressed by the Manufactured Home
Construction and Safety Standards shall meet or exceed applicable
requirements of the MPS.
(ii) The space beneath the manufactured home shall be enclosed by
continuous foundation-type construction designed to resist all forces to
which it is subject without transmitting forces to the building
superstructure. The enclosure shall be adequately secured to the
perimeter of the manufactured home and be constructed of materials that
conform to MPS requirements for foundations.
(iii) The manufactured home shall have an overall coefficient of
heat transmission (``Uo'' value) calculated in accordance
with the procedures of NFPA 501 BM-1976 (``Mobile Home Heating, Cooling
Load Calculations'') that does not exceed the following for all
locations within the following climatic zones:
Zone I...............................................................145
Zone II..............................................................099
Zone III \1\.........................................................087
NFPA 501 BM-1976 is incorporated by reference and is issued by and
available from the National Fire Protection Association, Batterymarch
Park, Quincy, MA 02269.
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\1\ Zone III includes Alaska, Montana, Wyoming, North and South
Dakota, Minnesota, Wisconsin, Michigan, Maine, New Hampshire, and
Vermont.
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(iv) The manufactured home shall be braced and stiffened before it
leaves the factory to resist racking and potential damage during
transportation.
(v) The conditions of Sec. 203.18(a)(2) (i) and (ii) of this
subpart shall not apply to construction of the manufactured home but
shall be applicable to improvement of the site, including construction
of the site-built foundation.
(vi) Section 203.14 of this subpart is modified to the extent
provided in this paragraph. Applications relating to insurance of
mortgages under this paragraph (c) must be accompanied by an agreement
in form satisfactory to the Commissioner executed by the seller or
builder or such other person as the Commissioner may require agreeing
that in the event of any sale or conveyance of the dwelling within a
period of one year beginning with the date of initial occupancy, the
seller, builder, or such other person will at the time of such sale or
conveyance deliver to the purchaser or owner of such property the
manufacturer's warranty on a form prescribed by the Commissioner, which
shall provide that the manufacturer's warranty is in addition to and not
in derogation of all other rights and remedies the purchaser or owner
may have,
[[Page 175]]
and a warranty in form satisfactory to the Commissioner warranting that
the manufactured home, the foundation, positioning and anchoring of the
manufactured home to its permanent foundation, and all site improvements
are constructed in substantial conformity with the plans and
specifications (including amendments thereof or changes and variations
therein which have been approved in writing by the Commissioner) on
which the Commissioner has based his valuation of the dwelling. The
warranty shall also include provisions that the manufactured home
sustained no hidden damage during transportation, and if the
manufactured home is a double-wide, that the sections were properly
joined and sealed. Such agreement must provide that upon the sale or
conveyance of the dwelling and delivery of the warranty, the seller,
builder or such other person will promptly furnish the Commissioner with
a conformed copy of the warranty establishing by the purchaser's receipt
thereon that the original warranty has been delivered to the purchaser
in accordance with this section.
(d) In the case of a manufactured home which has been permanently
erected on a site for more than one year prior to the dae of the
application for mortgage insurance:
(i) The manufactured home shall be permanently anchored to and
supported by permanent footings and shall have permanently installed
utilities that are protected from freezing. The space beneath the
manufactured home shall be a properly enclosed crawl space.
(ii) The site, site improvements, and all other features of the
mortgaged property not addressed by the Manufactured Home Construction
and Safety Standards shall meet or exceed applicable requirements of the
Requirements for Existing Housing--One to Four Family Living Units
(Handbook 4905.1). The finished grade level beneath the manufactured
home shall be at or above the 100-year return frequency flood elevation.
(iii) The manufactured home shall have been occupied only at the
location subject to the mortgage sought to be insured.
[48 FR 7735, Feb. 24, 1983, as amended at 61 FR 36264, July 9, 1996]