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MHARR: DOE Issues Final Rule Delaying Energy Rule Compliance Date for “Tier 2” Manufactured Homes

MHARR Cited by Federal Register in Delay and Push to Kill 'Flawed' DOE Manufactured Housing Energy Rule-MHI called out in 'corrupt' process

L. A. "Tony" Kovach, Neighbor

Posted Wed, Jul 2, 2025 at 5:23 pm ET|Updated Wed, Jul 2, 2025 at 5:36 pm ET

Base image credits for top left are to Copilot. Text and collage credits are to this writer for MHProNews and this Patch.

The Washington, D.C. based Manufactured Housing Association for Regulatory Reform (MHARR) released the following posted in Part I. More information on that rule plus other topics are in Part II.

Part I

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JULY 2, 2025

TO: MHARR MANUFACTURERS
MHARR STATE AFFILIATES
MHARR TECHNICAL REVIEW GROUP (TRG)

FROM: MHARR

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RE: DOE ISSUES FINAL RULE DELAYING ENERGY RULE
COMPLIANCE DATE FOR “TIER 2” MANUFACTURED HOMES

The U.S. Department of Energy (DOE) has issued a final rule delaying the manufactured housing “energy conservation” standards compliance date for so-called “Tier 2” homes until 180 days after the publication of “corresponding enforcement procedures.” The final rule was initially announced by DOE in a news release issued on July 1, 2025 (copy attached) and then published in the Federal Register on July 2, 2025 (copy attached). As published, the final delay rule will be effective immediately.

Publication of the Federal Register notice effectively renders moot a Temporary Restraining Order (TRO) on enforcement of the DOE standards issued on June 30, 2025 by the court hearing the federal challenge to the validity of those standards. The TRO had provided that it would “expire of its own force upon … publication [i]n the Federal Register of the Department of Energy’s … delay rule….”

While MHARR had supported the extension of the compliance date for “Tier 2” standards, it has aggressively sought – and continues to aggressively seek – including at a meeting just yesterday, on July 1, 2025 with DOE Principal Deputy Assistant Secretary for Energy Efficiency and Renewable Energy, Lou Hrkman, that the manufactured housing energy standards rule be withdrawn totally. MHARR will report additional key details of this meeting in the Association’s Washington Update to be published after the July 4 holiday.

MHARR’s consistent opposition to the DOE standards is duly noted in the July 2, 2025 Federal Register final extension rule. In that document, DOE states:

“While MHARR commented it supports extending and delaying manufactured housing energy standards implementation, they also maintain the May 2022 Final Rule standards fundamentally flawed and should be completely withdrawn, not just postponed. They argue that these standards are detrimental to the manufactured housing industry and hinder affordable homeownership for lower and moderate-income Americans. MHARR advocates for crafting a new, cost-effective rule in collaboration with [the] U.S. Department of Housing and Urban Development and its Manufactured Housing Consensus Committee, encompassing both the standards and regulatory compliance procedures.

Response: DOE agrees with the commenter that it is necessary to amend the compliance date for Tier 2 homes.”

See, 90 Federal Register No. 125, July 2, 2025 “Energy Conservation Standards for Manufactured Homes,” p. 28873 at pp. 28875-28876. As to MHARR’s broader objection to the standards, DOE maintains that such objections are beyond the scope of the extension rulemaking, per se, but indicates in its notice that such organic opposition points may be considered in a further rulemaking on the substance of the standard – a further action that MHARR will continue to demand.
In this connection, it bears reiteration that MHARR is the only national industry trade organization to consistently oppose DOE regulation of manufactured housing energy issues as well as every iteration of the DOE energy standards rule proposal since the baseless and corrupted DOE “negotiated rulemaking” scam. As reported previously, MHARR cast the only “no” vote against the proposed standard and “term sheet” developed in that process, while MHI supported both the negotiated rulemaking procedure and the resulting negotiated rulemaking “term sheet.”
During the entire rulemaking process, as is reflected in DOE’s Federal Register recitation above, MHARR has consistently maintained:

(1) That manufactured homes are already cost-effective with respect to energy under existing HUD standards as shown by Census Bureau data;
(2) That draconian DOE regulation is unnecessary and will result in exclusionary price increases that will worsen homelessness;
(3) That the contrary claims of “climate” extremists in support of the DOE rule are utterly baseless; and most importantly,
(4) That DOE, in developing the energy standards rule, failed to comply with the affirmative requirement of section 413 of the Energy Independence and Security Act of 2007 (EISA), that it substantively consult with, obtain and consider the input of both HUD and the statutory Manufactured Housing Consensus Committee (MHCC), including with respect to the purchase price cost-benefit of the proposed standards.

With the expected re-opening of the DOE standards rulemaking itself, MHARR will continue to press for the total repeal of the DOE energy standards and for both HUD and the MHCC to be substantively involved and engaged in any further activity on energy standards.

MHARR’s position on DOE energy standards has been clear and consistent from the very outset. As expressed in an August 2022 MHARR Issues and Perspectives article (written six months before the federal court action was filed), in which it made the case for legal action against the standards, “The DOE Energy Rule Should be DOA.” With the Trump Administration now in office, the opportunity to eliminate these baseless and illegitimate standards once and for all now exists, and the entire industry must commit itself to that end.

cc: Other Interested HUD Code Manufactured Housing Industry Members

Manufactured Housing Association for Regulatory Reform (MHARR)
1331 Pennsylvania Ave N.W., Suite 512
Washington D.C. 20004
Phone: 202/783-4087 Fax: 202/783-4075
Email: MHARRDG@AOL.COM
Website: www.manufacturedhousingassociation.org

End Notes:

MHARR cast only “no” vote.
MHARR interview on “corrupted DOE “negotiated rulemaking” scam.”
MHARR news and commentary on DOE “negotiated rulemaking”
MHARR news and commentary on DOE linked suits.

—
The Manufactured Housing Association for Regulatory Reform (MHARR) press releases are available for re-publication in full (i.e., without alteration or substantive modification) without further permission and with proper attribution and/or link back to MHARR.

Part II

1) What has the Manufactured Housing Institute said publicly about this development on their website? Per the search shown below, nothing.

2) In the expert view of MHProNews, what much of the media has missed about MHI's involvement in this topic is that MHI originally negotiated with the DOE and 'energy interests' to get a rule. That was revealed as a result of a FOIA by MHARR.

2) Warren Buffett, the chairman of Berkshire Hathaway (BRK) which owns Clayton Homes - a prominent member of the Manufactured Housing Institute (MHI), is on record as a donor through a nonprofit of the Sierra Club which brought the previously blocked by MHARR efforts of the DOE rule back to life.

https://www.manufacturedhomepr...

3) MHARR, supported by the reporting of MHProNews, spotlighted MHI's behavior with respect to the DOE energy rule. Unlike the gas industry, which sued swiftly, MHI had to be pushed for months before it finally sued on an issue its own attorneys said would cause "irreparable harm" to manufactured housing.

https://www.manufacturedhomepr...

https://www.manufacturedhomepr...

https://www.manufacturedhomepr...

4) MHProNews plans a deeper dive report on this topic in the near term. Stay tuned. But until then, other insights into what Google's AI powered Gemini called the 'great divide' in manufactured housing industry advocacy and other similar reports follow, plus other topics further below.

https://www.manufacturedhomepr...

5) xAI's Grok, and Bing's AI powered Copilot have all shown the apparent duplicity of MHI's behavior, which seems to be more focused on causing industry underperformance in order to foster consolidation that they are on growing the industry's output and thus helping solve the affordable housing crisis, as MHARR does. That push for consolidation is not mere speculation, multiple prominent MHI members have said as much in their own investor relations presentations.

https://www.manufacturedhomepr...

When AI is systematically presented with the evidence, three different AI systems have found similar evidence and concerns that point to potential illegal behavior that appears to violate antitrust, RICO, Hobbs Act, and other laws.

When given the opportunity to respond to those allegations, MHI and its accused members have declined comment. Gemini observed that attorneys may be advising those MHI/corporate leaders that silence is safer that drawing more attention to the evidence-based allegations.

https://www.manufacturedhomepr...

Update: 5:35 PM. After reviewing this post for factual accuracy, Copilot said the following.

There is always more to know. Yours truly aims to keep you informed on, well, reality. Other topics follow and that's a wrap for today's installment of the "Reality Check" series for this Patch.

Remember: facts matter. Evidence matters. Reality matters. The good Lord willing, more is coming in the days ahead to feast your eyes, mind, heart, and soul on. Thanks as always for checking in.

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L. A. “Tony” Kovach is a publisher who has earned multiple awards in history. He and his family live in a manufactured home on private property in Winter Haven, FL. He is the co-founder of Manufactured Home Living News.com (MHLivingNews.com) and Manufactured Home Pro News.com (MHProNews.com), trade publications serving segments of the manufactured home industry. Having worked in several segments of the manufactured home industry for over 3 decades, Kovach is a widely acknowledged and often praised expert on manufactured housing. ###

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L. A. "Tony" Kovach, Neighbor

Find out what's happening in Lakelandfor free with the latest updates from Patch.

Find out what's happening in Lakelandfor free with the latest updates from Patch.

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