Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB1194 Latest Draft

Bill / Introduced Version Filed 04/11/2025

                            II 
119THCONGRESS 
1
STSESSION S. 1194 
To ensure that federally backed financing for the construction, rehabilitation, 
or purchase of manufactured home communities is available only for 
communities whose owner has implemented minimum consumer protec-
tions in the lease agreements with residents of all manufactured home 
communities owned by such owner, and for other purposes. 
IN THE SENATE OF THE UNITED STATES 
MARCH27, 2025 
Mrs. S
HAHEEN(for herself, Mr. BLUMENTHAL, and Mr. FETTERMAN) intro-
duced the following bill; which was read twice and referred to the Com-
mittee on Banking, Housing, and Urban Affairs 
A BILL 
To ensure that federally backed financing for the construc-
tion, rehabilitation, or purchase of manufactured home 
communities is available only for communities whose 
owner has implemented minimum consumer protections 
in the lease agreements with residents of all manufac-
tured home communities owned by such owner, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
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SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Manufactured Housing 2
Tenant’s Bill of Rights Act of 2025’’. 3
SEC. 2. DEFINITIONS. 4
For purposes of this Act, the following definitions 5
shall apply: 6
(1) A
FFILIATE.—Except as provided by the 7
Secretary or the Director, as applicable, the term 8
‘‘affiliate’’ means, with respect to a borrower re-9
ferred to in section 3(a), any entity that controls, is 10
controlled by, or is under common control with, the 11
borrower. 12
(2) C
OVERED LOAN PROGRAM .—The term ‘‘cov-13
ered loan program’’ means any of the following pro-14
grams: 15
(A) The program under section 207 of the 16
National Housing Act (12 U.S.C. 1713) for in-17
surance of loans for financing for the construc-18
tion or substantial rehabilitation of manufac-19
tured home parks. 20
(B) The program of the Federal National 21
Mortgage Association for multifamily loans for 22
manufactured home communities. 23
(C) The program of the Federal Home 24
Loan Mortgage Corporation for loans for manu-25
factured home communities. 26
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(3) COVERED PRICING INCENTIVE .—The term 1
‘‘covered pricing incentive’’ means any pricing dis-2
count available to borrowers under any of the cov-3
ered loan programs that rewards the borrower’s im-4
plementation of 1 or more specific resident protec-5
tions and is designed to ensure that the benefits of 6
a covered loan program are provided at a lower cost 7
for manufactured home communities based on the 8
extent to which residents of a manufactured home 9
community are better protected from predatory rent 10
increases and management practices. 11
(4) D
IRECTOR.—The term ‘‘Director’’ means 12
the Director of the Federal Housing Finance Agen-13
cy. 14
(5) E
NTERPRISE.—The term ‘‘enterprise’’ has 15
the meaning given the term in section 1303 of the 16
Federal Housing Enterprises Financial Safety and 17
Soundness Act of 1992 (12 U.S.C. 4502). 18
(6) M
ANUFACTURED HOME .—The term ‘‘manu-19
factured home’’— 20
(A) has the meaning given the term in sec-21
tion 603 of the National Manufactured Housing 22
Construction Safety and Standards Act of 1976 23
(42 U.S.C. 5402); and 24
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(B) includes any structure described in 1
such section 603 without regard to— 2
(i) whether the structure complies 3
with any standards under such Act; and 4
(ii) the date of the manufacture of the 5
structure. 6
(7) M
ANUFACTURED HOME COMMUNITY .—The 7
term ‘‘manufactured home community’’ means any 8
community, court, or park equipped to accommodate 9
manufactured homes for which pad sites or pad sites 10
and the manufactured homes, or both, are leased to 11
residents to be used primarily for residential pur-12
poses, including any manufactured home community, 13
as the term is used for purposes of a program de-14
scribed in subparagraph (B) or (C) of paragraph 15
(2). 16
(8) S
ECRETARY.—The term ‘‘Secretary’’ means 17
the Secretary of Housing and Urban Development. 18
SEC. 3. REQUIREMENTS FOR COVERED LOAN PROGRAMS. 19
(a) R
EQUIREMENTS.—On and after the date that is 20
180 days after the date of enactment of this Act, no loan 21
shall be eligible for insurance by the Secretary or purchase 22
by an enterprise, as applicable, under a covered loan pro-23
gram unless— 24
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(1) the borrower under the loan certifies to the 1
Secretary or the applicable enterprise that the bor-2
rower will include, in any lease agreement for a pad 3
site, or a pad site and manufactured home, located 4
in any manufactured home community that the bor-5
rower or an affiliate of the borrower owns, the min-6
imum consumer protections described in subsection 7
(b); and 8
(2) the borrower complies with regulations 9
issued by the Secretary or the Director, as applica-10
ble, that require the borrower to submit documenta-11
tion to the Secretary, or to the applicable enterprise 12
and the Director, that is sufficient, as determined by 13
the Secretary or the Director, to ensure that the 14
borrower is complying with the certification de-15
scribed in paragraph (1), which shall include a copy 16
of the standard lease agreement used by the bor-17
rower that includes the minimum protections de-18
scribed in subsection (b). 19
(b) M
INIMUMCONSUMERPROTECTIONS.— 20
(1) I
N GENERAL.—The minimum consumer 21
protections described in this subsection are as fol-22
lows: 23
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(A) 1-year lease terms that are renewable 1
for additional 1-year terms unless there is good 2
cause for non-renewal. 3
(B)(i) A right to receive written notice of 4
any newly required charges (including water 5
and other utilities) or increase in the rents for 6
pad sites, or pad sites and manufactured 7
homes, located in the community, including a 8
written justification of the increase with infor-9
mation on increases in the costs of operating, 10
maintaining, or improving the community. 11
(ii) A written notice described in clause (i) 12
shall— 13
(I) be provided to the tenant not less 14
than 60 days before the effective date of 15
any newly required charge or increase in 16
the rents, except that, in the case of any 17
increase exceeding 5 percent of the pre-18
vious monthly rent, an additional 30-days 19
notice shall be provided for each additional 20
2.5-percent increase in the rent; and 21
(II) include identification of the 22
amount of, and a description of, any newly 23
required charges (including water and 24
other utilities) that the tenant is not cur-25
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rently responsible for but will be respon-1
sible for upon the rent increase and, if 2
available, an estimate of the monthly 3
amount of those charges. 4
(iii) For purposes of the calculation in 5
clause (i)(I)— 6
(I) the amount of any increase in the 7
monthly rent for a dwelling unit shall be 8
considered to include any newly required 9
charges described in clause (i)(II); and 10
(II) any newly required charges with-11
out an estimate of the monthly amount 12
shall be estimated at 5 percent of the pre-13
vious monthly rent. 14
(C) A 5-day grace period for rent pay-15
ments. 16
(D) A right to cure defaults on rent pay-17
ments within 15 days of the due date. 18
(E) A right for a tenant who owns a man-19
ufactured home to sell a manufactured home 20
owned by the tenant without having to first re-21
locate the manufactured home out of the com-22
munity. 23
(F) A right for a tenant who owns a man-24
ufactured home to sell a manufactured home 25
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owned by the tenant in place within a reason-1
able time period, but not earlier than 45 days, 2
after eviction by the owner of the manufactured 3
home community. 4
(G) A right for a tenant who owns a man-5
ufactured home— 6
(i) to sublease or assign the pad site 7
lease for the unexpired term to a new 8
buyer of the manufactured home unless the 9
prospective tenant fails to meet the reason-10
able and uniformly applied application cri-11
teria of the manufactured home commu-12
nity; and 13
(ii) in such a case of denial, a right to 14
written notice provided by the owner of the 15
manufactured home community informing 16
the tenant of the denial and the prospec-17
tive tenant of the denial and the specific 18
reason or reasons for denial. 19
(H) A right for a tenant who owns a man-20
ufactured home to post ‘‘For Sale’’ signs. 21
(I) A right to receive 60-day advance writ-22
ten notice of the planned sale or closure of the 23
manufactured home community, which shall— 24
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(i) include the price, terms and condi-1
tions for the sale of the manufactured 2
home community; and 3
(ii) provide that— 4
(I) no final acceptance of an 5
offer to sell the manufactured home 6
community may be made for 60 days; 7
and 8
(II) the owner shall negotiate in 9
good faith with the tenants if they 10
wish to purchase the manufactured 11
home community during that 60-day 12
period; 13
(J)(i) A right against termination of ten-14
ancy except in cases in which a tenant engages 15
in a material noncompliance with the rental 16
agreement, a tenant commits a material viola-17
tion of the manufactured home community rea-18
sonable rules or regulations, or the community 19
has a material, legitimate, and uniformly ap-20
plied business reason for termination that was 21
included in the lease agreement as grounds for 22
termination. 23
(ii) In the case of a termination described 24
in clause (i), a right to written notice provided 25
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by the owner of the community informing the 1
tenant of the termination and the specific rea-2
son or reasons for termination. 3
(2) R
ULE OF CONSTRUCTION .—Nothing in this 4
subsection may be construed to annul, alter, or af-5
fect any State or local law providing greater protec-6
tions to tenants of manufactured home communities 7
than the protections afforded under this subsection. 8
(c) P
RICINGINCENTIVES.— 9
(1) I
N GENERAL.—Any covered pricing incen-10
tive offered for loans purchased under a covered loan 11
program on or after the date that is 180 days after 12
the date of enactment of this Act shall reward imple-13
mentation of resident protections that are more pro-14
tective than those specified in subsection (b). 15
(2) P
ROHIBITION.—Any covered pricing incen-16
tive described in paragraph (1) that does not comply 17
with the requirement described in that paragraph 18
may not be offered for any loan purchased under a 19
covered loan program on or after the date that is 20
180 days after the date of enactment of this Act. 21
(d) P
UBLICATION.— 22
(1) I
N GENERAL.—The Secretary and the Di-23
rector shall make the list of properties covered by 24
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the protections described in subsection (b) publicly 1
available on a single website. 2
(2) O
THER COVERED PROPERTIES .—Properties 3
that are covered as of the date of enactment of this 4
Act by the Federal National Mortgage Association’s 5
Tenant Site Lease Protections or the Federal Home 6
Loan Mortgage Corporation’s MHC Tenant Protec-7
tions shall— 8
(A) be made publicly available; and 9
(B) include an explanation of the dif-10
ferences between those protections and the min-11
imum consumer protections described in sub-12
section (b). 13
(e) P
ENALTIES.— 14
(1) I
N GENERAL.—The Secretary and the Di-15
rector shall— 16
(A) prohibit a borrower or an affiliate of 17
the borrower from securing future federally 18
backed financing or other housing-related Fed-19
eral assistance for a period of not less than 2 20
years beginning on the date of the violation or 21
failure if the borrower or affiliate, as applicable, 22
willfully and materially— 23
(i) violates a consumer protection de-24
scribed in subsection (b); or 25
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(ii) fails to include the consumer pro-1
tections described in subsection (b) in any 2
lease agreement; and 3
(B) determine appropriate penalties for 4
any borrower who fails to— 5
(i) include the consumer protections 6
described in subsection (b) in any lease 7
agreement; or 8
(ii) comply with a lease agreement in-9
cluding the protections described in sub-10
section (b). 11
(2) N
ATURE OF PENALTIES.—The penalties de-12
termined under paragraph (1)(B) shall be in addi-13
tion to minimum payments to the injured tenant as 14
follows: 15
(A) For a material violation of subpara-16
graph (A) or (J) of subsection (b)(1), 6 months 17
of the current monthly rent. 18
(B) For a material violation of subsection 19
(b)(1)(B), any increased rent must be paid back 20
to the tenant with interest, plus 25 percent. 21
(C) For a material violation of subsection 22
(b)(1)(C), any penalties or late fees must be 23
paid back to the tenant with interest, plus 25 24
percent. 25
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(D) For a material violation of subpara-1
graph (D), (E), or (F) of subsection (b)(1), the 2
greater of— 3
(i) the sale price of the manufactured 4
home, if the borrower or an affiliate sells 5
it within 12 months of the violation; or 6
(ii) 12 months of the prior monthly 7
rent. 8
(E) For a material violation of subpara-9
graph (G) or (H) of subsection (b)(1), the total 10
remaining monthly rent owed on the tenant’s 11
lease. 12
(F) For a material violation of subsection 13
(b)(1)(I), the greater of 2 months rent or 10 14
percent of the sale price of the community di-15
vided by the number of tenants in the manufac-16
tured home community. 17
SEC. 4. MANUFACTURED HOME COMMUNITY LENDING 18
STANDARDS COMMISSION. 19
(a) E
STABLISHMENT.—There is established a com-20
mission to be known as the Manufactured Home Commu-21
nity Lending Standards Commission. 22
(b) D
UTIES.— 23
(1) P
ROPOSED STANDARDS .—Not later than 1 24
year after the date of enactment of this Act, the 25
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Commission shall submit to Congress, the Secretary, 1
and the Director a report that sets forth proposed 2
consumer protection standards for covered loan pro-3
grams that— 4
(A) are in addition to and provide greater 5
protection than the requirements described in 6
section 3(b); and 7
(B) could be used as a basis for estab-8
lishing covered pricing incentives under the cov-9
ered loan programs that comply with section 10
3(c). 11
(2) S
TANDARD FOR DETERMINATIONS .—Any 12
determination by the Commission to approve a con-13
sumer protection in the proposed standards required 14
under paragraph (1) shall be made by a vote of a 15
simple majority of the members of the Commission. 16
(c) M
EMBERSHIP.— 17
(1) N
UMBER AND APPOINTMENT .—The Com-18
mission shall be composed of 16 members, as fol-19
lows: 20
(A) The Secretary (or the Secretary’s des-21
ignee). 22
(B) The Director (or the Director’s des-23
ignee). 24
(C) 1 representative from each enterprise. 25
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(D) 3 each shall be appointed by the 1
Speaker of the House of Representatives, the 2
minority leader of the House of Representa-3
tives, the majority leader of the Senate, and the 4
minority leader of the Senate. Of the 3 mem-5
bers appointed by each such officer— 6
(i) 1 shall be employed at the time of 7
appointment as a professor or academic re-8
searcher with demonstrated background in 9
housing and consumer protection issues, 10
especially as they relate to manufactured 11
homes; 12
(ii) 1 shall be a current or former 13
member of Congress; and 14
(iii) 1 shall be a current resident and 15
homeowner at a manufactured home com-16
munity. 17
(2) C
HAIRPERSON AND CO-CHAIRPERSON.— 18
(A) C
HAIRPERSON.—The chairperson of 19
the Commission shall be designated by the 20
President from among the members of the 21
Commission. 22
(B) C
O-CHAIRPERSON.—The co-chair-23
person of the Commission shall be selected as 24
follows: 25
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(i) DESIGNATION BY SPEAKER OF 1
THE HOUSE.—If, on the date of appoint-2
ment, the Speaker of the House of Rep-3
resentatives is of a different political party 4
than the President, the Speaker of the 5
House of Representatives shall designate 6
the co-chairperson from among the mem-7
bers of the Commission. 8
(ii) D
ESIGNATION BY MINORITY LEAD -9
ER OF THE HOUSE.—If, on the date of ap-10
pointment, the Speaker of the House of 11
Representatives is of the same political 12
party as the President, the minority leader 13
of the House of Representatives shall des-14
ignate the co-chairperson from among the 15
members of the Commission. 16
(3) T
IMING OF APPOINTMENTS .—Appointments 17
to the Commission shall be made not later than 45 18
days after the date of enactment of this Act. 19
(4) T
ERMS; VACANCIES.— 20
(A) T
ERMS.—Each member shall be ap-21
pointed for the life of the Commission. 22
(B) V
ACANCIES.—Any vacancy in the 23
Commission shall— 24
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(i) not affect the powers of the Com-1
mission; and 2
(ii) be filled within 45 days of the va-3
cancy in the manner in which the original 4
appointment was made. 5
(5) H
EARINGS.— 6
(A) I
N GENERAL.—In carrying out the du-7
ties of the Commission under this section, the 8
Commission is authorized to hold such hearings 9
and take testimony with respect to matters to 10
which it has a responsibility under this section. 11
(B) O
ATHS.—The chairperson of the Com-12
mission, or any member of the Commission au-13
thorized by the chairperson, may administer 14
oaths or affirmations to witnesses appearing be-15
fore the Commission. 16
(6) P
ROHIBITION OF COMPENSATION .—Mem-17
bers of the Commission shall serve without pay. 18
(d) O
PERATION ANDPOWERS.— 19
(1) M
EETINGS.—The Commission shall meet 20
not later than 30 days after the date upon which a 21
majority of the members of the Commission have 22
been appointed and at such times thereafter as the 23
chairperson or co-chairperson shall determine. De-24
tailed minutes of each meeting of the Commission, 25
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except for any closed session, shall be kept and shall 1
include a record of the persons present and a com-2
plete and accurate description of matters discussed. 3
(2) R
ULES OF PROCEDURE .—The chairperson 4
and co-chairperson of the Commission shall, with the 5
approval of a majority of the members of the Com-6
mission, establish written rules of procedure for the 7
Commission, which shall include a quorum require-8
ment to conduct the business of the Commission. 9
(3) H
EARINGS.— 10
(A) F
REQUENCY.—The Commission shall 11
hold no fewer than 2 hearings on matters to 12
carry out the duties of the Commission under 13
subsection (b). 14
(B) T
ESTIMONY.—The Commission may 15
take testimony and receive evidence as the 16
Commission considers appropriate. 17
(C) N
OTICE.— 18
(i) H
EARINGS.—Timely public notice 19
of each hearing of the Commission, includ-20
ing the time, place, and agenda of the 21
meeting, shall be provided by any means 22
determined by the Commission to provide 23
for wide publicity. 24
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(ii) MEETINGS.—Timely notice of 1
each regular meeting of the Commission 2
shall be published in the Federal Register. 3
(iii) C
OMMENTS.—Interested persons 4
shall be permitted to submit written state-5
ments regarding the matters on the agenda 6
of the hearings of the Commission. 7
(e) T
ERMINATION.—The Commission shall terminate 8
upon the submission of the report required under sub-9
section (b)(1). 10
SEC. 5. FUNDING. 11
(a) P
ROHIBITION.—No additional funds are author-12
ized to be appropriated to carry out this Act. 13
(b) U
SE OFEXISTINGFUNDS.—Any expenses re-14
quired to carry out this Act shall be funded using amounts 15
otherwise available to the Department of Housing and 16
Urban Development or to the Federal Housing Finance 17
Agency. 18
SEC. 6. STANDARD LEASE. 19
(a) I
NGENERAL.—The Director shall, in consulta-20
tion with the enterprises, develop a standard site-lease 21
agreement that the enterprises will certify provides suffi-22
cient certainty to ensure that the mortgage loans secured 23
by homes in manufactured home communities utilizing the 24
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standard lease will be eligible for purchase under the sin-1
gle-family mortgage programs of the enterprises. 2
(b) S
UBMISSION TOCONGRESS.—Not later than 1 3
year after the date of enactment of this Act, the Director 4
shall submit to the Committee on Banking, Housing, and 5
Urban Affairs and the Committee on Financial Services 6
of the House of Representatives a copy of the standard 7
site-lease agreement developed under subsection (a). 8
Æ 
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