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We are pledged to the letter and spirit of U.S. policy  for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, or national origin.
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Guide to Private Property Placement of Manufactured Housing in Michigan
Q. What is the current law on manufactured housing zoning as decided by the Michigan Supreme Court?
A. A municipality (county, city, village, or township) may not totally exclude all manufactured homes from areas other than manufactured housing communities (referred to by state law as "Mobile Home Parks"). To do so would violate the Michigan Constitution. A municipality may still impose reasonable standards for safety or appearance that will exclude some manufactured homes from certain areas. (Robinson Twp. v. Knoll, Feb. 1981)
Q. What does this decision allow me to do?
A. This decision allows you to put a manufactured home in an area other than a manufactured home community. If you own or rent a lot and would like to put a manufactured home on it, you may now do so. This does not mean that you may put any manufactured home on any lot you wish. Your home may be lawfully excluded from certain areas.
Q. How do I know whether my manufactured home will be lawfully excluded from certain areas?
A. The courts treat trailers/mobile homes, manufactured homes, and prefabricated on-site built homes differently. Trailers/mobile homes may still be excluded from all single-family residential areas. Manufactured homes may not be totally excluded from all areas other than manufactured housing communities but their location may be somewhat restricted. Prefabricated homes built on-site are subject to different rules. The zoning ordinance of the municipality will determine what restrictions, if any, are placed upon manufactured home placement. Remember, the zoning ordinance will ultimately determine where a manufactured home can be placed because municipalities are not required to obtain state approval for their manufactured home zoning ordinance.
Q. What is the definition of a manufactured home?
A. A manufactured home is a structure built on a permanent chassis that is designed to be used with or without a permanent foundation when connected to the required utilities. It is transportable in one or more sections and is generally 8 or more body feet in width and 32 or more body feet in length. A manufactured home contains the plumbing, heating, air conditioning, and electrical systems. State law currently refers to manufactured homes as "mobile homes." Your local zoning ordinance may define a manufactured home somewhat differently and should be consulted.
Q. How do I know the difference between a manufactured home and a trailer?
A. A trailer is defined as a vehicle with or without motive power, other than a pole-trailer, designed for carrying property or persons and for being drawn by a motor vehicle. A trailer is constructed so that no part of its weight rests upon the towing vehicle. The difference will depend on whether it looks as though you could tow it away without much preparation. You must visualize the manufactured home you are considering as it will look on the lot you chose. Once you attach steps and siding, if it still looks like you could tow it easily, it is a trailer. If it looks like an on-site built home, then it is a manufactured home.
Q. Is a modular home a prefabricated home or a manufactured home?
A. Modular homes are by design constructed in modules. A module may be constructed under either the HUD standards or the Michigan regulations for premanufactured units. A premanufactured unit under the Michigan regulations (Michigan Construction Code) may include modular units, panelized homes, or core units. Premanufactured construction by definition includes all closed construction fabricated at a place other than the place of final destination. The HUD Standards apply to construction performed under the federal program for manufactured housing. The significant difference between a Michigan Premanufactured Unit and a HUD unit is the standards by which the module is constructed.
Q. What is the BOCA Code?
A. The Building Officials and Code Administrators International, Inc. (BOCA) Code is one of several nationally recognized model codes that were previously adopted in Michigan. In June 2001, Michigan construction regulations changed, enacting the Michigan Building Code. This code is based on the International Building Code published by the International Code Council, Inc. The Michigan codes are in effect throughout the state without local modification. These codes include standards for plumbing, electrical, mechanical and building systems. Because the 1976 HUD Code supersedes the state codes, these standards are only applicable for the work performed on the site to place homes approved under the federal standards.
Q. What is the Michigan Residential Code?
A. The State of Michigan has promulgated a code specifically for the construction of one-and-two family dwellings, three stories in height or less. The code is based on the International Residential Code, 2000 edition, as published by the International Code Council. The code is applicable throughout the State of Michigan and is administered by the Bureau of Construction Codes or local communities who elect to administer and enforce the code. The code regulates the construction, use and occupancy of all one-and-two family dwellings. Homes manufactured under the HUD standards are not required to meet the Michigan Residential Code. Work performed on-site for the foundation system, installation of the home and connection to required utilities must conform to the code provisions regulating that specific work.
Q. What is the Manufactured Housing Commission & Manufactured Housing Division?
A. The Manufactured Housing Commission has the authority to set policy for the manufactured housing industry, approve local governmental ordinances that set higher standards than the Mobile Home Commission Act, approve variances to the rules, license installer/servicers and retailers, and set administrative penalties for violations of the Act and rules. In 2002, the Manufactured Housing Division was consolidated into the Building Division of the Bureau of Construction Codes. This merger provides for a more consistent application of construction standards affecting manufactured housing placed in manufactured housing communities and on private sites. This new division carries out the functions for administration and enforcement of the Mobile Home Commission Act, as it relates to manufactured home communities, licensure and consumer complaints.
Q. How does the Michigan Bureau of Construction Codes fit in?
A. The Bureau of Construction Codes (BCC) is responsible for the administration and enforcement of construction standards where local communities have not elected to assume this responsibility. The Bureau has oversight responsibility to ensure local communities provide uniform and consistent enforcement of construction standards. The BCC is responsible for plan review approval, permit issuance, and conducting inspections, where local enforcement of the codes is not available. The Bureau provides for the licensing of plumbers, electricians and mechanical contractors. This licensing function complements the licensing of manufactured home installers, retailers and service personnel.
Q. What should I consider when choosing a manufactured home and home site?
A. Your manufactured home must compare favorably with other housing in the area. This means that you must look at the neighborhood. If the home would look inferior to other homes in the area once it is finished, then the municipality may exclude it from that area (e.g. roof pitch). If it would look the same or better, then it may not be excluded from that area. If you have any questions, you should consult an attorney before you invest.
Q. What is a moratorium on all manufactured home building permits and is it legal?
A. A moratorium on building permits is a temporary or emergency regulation. Its purpose is to halt building in an area considered for rezoning. For a moratorium to be valid, it must be for a limited time; it must not discriminate, and it must have been enacted in good faith. A moratorium on all manufactured home building permits would seem to unreasonably discriminate against manufactured homes. The Zoning Board must be studying a new zoning plan for the area restricted. A moratorium on all manufactured home building permits for the whole municipality is probably invalid. A valid moratorium would restrict all building in a specific area for a certain time.
Q. What if I want to put a manufactured home in a rural area?
A. It does not matter. You still must have a manufactured home that compares favorably with other housing, if the local ordinance so requires. The Courts have required that a manufactured home be compared with other housing in the area even though it was put on an 80-acre parcel.
Q. What kind of restrictions can a municipality put on my manufactured home?
A. A municipality may impose reasonable standards concerning health, safety and attractiveness. For example, it may require on-site modifications to your home. Some of these include requirements that the home be firmly attached to a solid foundation, that the wheels and chassis be covered with siding, or that adequate insulation, plumbing or living space be provided. The municipality may consider size, appearance, quality of manufacture, and manner of installation on the site when imposing restrictions. Courts have upheld minimum square footage, width and storage area requirements. (Gackler Land Company v. Yankee Springs Twp., December 1986)
Q. How do I know what restrictions are reasonable?
A. The restriction must serve the public interest. That means it must not be solely for the purpose of excluding all manufactured homes from a certain area. The restrictions must be designed to assure that the dwelling will compare favorably with other housing that would be allowed on that site.
Q. If my manufactured home is excluded from a certain area, does that mean the regulation is unreasonable?
A. No. The key is, what will your manufactured home look like in that neighborhood? If your manufactured home compares favorably with homes around it, then it can only be excluded by your failure to comply with reasonable regulations. You may want to consult an attorney.
Q. Do these regulations apply to my manufactured home as it looks now, or as it will look when it is delivered?
A. The regulations must be directed to the manufactured home as it will look on the land. They do not apply to your manufactured home as it will look when delivered.
Q. Are permits required to place a manufactured home in a manufactured home community?
A. Yes, permits to place a home must be secured from either the Bureau or the local unit of government in which the manufactured home community is located. Separate permits are required for the placement of the home and connection of the electrical, mechanical and plumbing utilities to the unit. The connections required for utility hook-ups must comply with the code requirements; however, the construction of the home may not be altered and must be maintained in compliance with the HUD regulations.
Q. What codes do I have to comply with to place my home on a private site?
A. The placement of a home on a private site is essentially the same as placing the home in a manufactured home community. Permits are required for the foundation and placement of the home, as well as for electrical, mechanical (gas) and plumbing connections. Permits must be secured from either the BCC or the local unit of government in which the home is being located. The codes for installation are those adopted by the State of Michigan.
Q. What if I am being treated unfairly?
A. If you believe that you are not being treated fairly by the code enforcing agency/building inspector or the zoning administrator with regard to the placement of your manufactured home in a municipality, you should consult an attorney to advise you on your particular situation. Most municipalities have an appeal procedure if a building permit is denied. In appropriate circumstances, a court may be asked to order the issuance of the requested building permits.
Q. What about legal counsel?
A. You may submit your application to the local Building Department or Zoning Board without an attorney. Also, you may conduct an appeal to the Zoning Board of Appeals without an attorney. If your application is denied and you lose your appeal, then you generally should have an attorney to take your appeal to court. If you already own a lot and/or a manufactured home, then you should protect your investment by having an attorney help you with your application. You should also consult an attorney about your later appeal to the Zoning Board of Appeals, if necessary. To protect your investment, you may wish to talk to an attorney before you proceed.
Procedures for a manufactured home buyer/owner
- Apply for permission from the local Building Department or Zoning Board to place your manufactured home on your lot and photocopy your application before sending it.
- Ask for a written denial from the local Building Department or Zoning Board if they deny your application.
- Appeal to the Zoning Board of Appeals. The appeal may include a request for a variance or special use exception.
- If you lose your appeal then you have three choices:
- You may comply with the decision
- You may appeal the decision to the court by consulting an attorney
- You may place your manufactured home on your lot at the risk of an injunction or criminal prosecution against you.
- Comply with all other local laws such as permit requirements.
WARNING: This guide is not intended to provide legal advice. Please consult an attorney to determine what law applies to your specific fact situation.
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