Manufactured housing is an important source of affordable housing for Virginians. Manufactured homes, sometimes referred to as HUD code homes, are built, in a factory, on a permanent chassis, are transportable in one or more sections, are used as single family dwellings and may be sited with or without a permanent foundation.
DHCD regulates Virginia’s manufactured housing industry through the Virginia Manufactured Home Safety Regulations (MHSR) and the Virginia Manufactured Housing Licensing and Transaction Recovery Fund Regulations (MHLTRFR). Through these regulations, DHCD licenses dealers, manufacturers and salespersons and provides administrative support to the Governor appointed Manufactured Housing Board to hear complaints against licensees. The design, construction and in-plant inspections and certifications of manufactured homes are done under a federal program administered by the U.S. Department of Housing and Urban Development (HUD). DHCD, as the State Administrative Agency (SAA) for HUD, handles all consumer complaints for manufactured homes that are manufactured, sold or installed in Virginia. Also, as the SAA, DHCD administers HUD approved installation and dispute resolution programs for manufactured housing in Virginia.
Per § 55.1-1308.2 of the Code of Virginia (Virginia Manufactured Home Lot Rental Act), DHCD is required to keep a Notice of Offer to Sell or List until a park owner sends a written notice to DHCD that the park has been sold to a third party, is no longer offered for sale or the transaction does not go to settlement. See sample “Notice of the Park Sale to a Third Party” form below. Additionally, a park owner is required to give this Notice of Offer to Sell or List at least 90 days prior to accepting an offer.
DHCD is also required to keep a Notice of Receipt of Offer to Purchase until the park owner sends a written notice to DHCD that the park has been sold to a third party, is no longer offered for sale, or the transaction does not go to settlement. See sample “Notice of the Park Sale to a Third Party” form below. The park owner of a manufactured home park must provide written notice to each tenant of a lot in the park if the park owner is in receipt of an offer from a third party to purchase the park, and accepts such offer. Prior to accepting the offer, the owner of the manufactured home park must consider other offers to purchase the manufactured home park from a tenant group representing at least 25% of the tenants with a valid lease. At the same time, the park owner sends the Notice of Receipt of Offer to Purchase to each of the park tenants, a copy of such notice also is sent by the park owner to DHCD to post on the department’s website.
Any notices required to be submitted to DHCD per 55.1-1308.2 Code of Virginia are listed below: