Manufactured Home Dispute Resolution Program

Effective February 8, 2008, the Manufactured Home Dispute Resolution Program is available for use in providing the timely resolution of disputes between manufacturers, retailers and installers of manufactured homes regarding responsibility, and for the issuance of appropriate orders for the correction or repair of defects in manufactured homes. Defects in homes must be reported during the one-year period beginning on the date of installation to qualify for resolution under the Manufactured Home Dispute Resolution Program.

Also effective February 8, 2008, at the time of signing a contract for the sale or lease of a manufactured home, the purchaser must be provided with a retailer's dispute resolution notification and each home must be sold or leased with a manufacturer's dispute resolution notification located in the homeowners manual.

Quick Links:

• How and Where to File A Dispute Resolution Complaint

• Frequently Asked Questions about Dispute Resolution

• Dispute Resolution Program Brochure (Download)

More information can be found on this external website at: https://www.huddrp.net

Questions regarding the program, regulations, or forms can be directed to MHSDisputeResolution@hud.gov.

Frequently Asked Questions about Dispute Resolution

Disclosure Requirements

• Question: Who is required to notify consumers about the HUD Manufactured Home Dispute Resolution Program, and what information do they provide?
  • Answer: Manufactured home retailers and manufacturers are required to notify a consumer about the HUD DRP. You may find more information in the HUD sample disclosure form, the Retailer FAQ brochure, and in your Manufacturer’s Consumer Manual.

Eligibility

• Question: Who should I reach out to for Dispute Resolution Support on my manufactured home issue?
  • Answer: The location in which your home is installed determines who can assist. Please visit the Contact a State page to see if the home state location is listed. If your state has an agency listed, then you may reach out to them for support. If a state agency is not listed, please request assistance from the HUD Manufactured Home Dispute Resolution Program.
• Question: Which homes are eligible for HUD Manufactured Home Dispute Resolution?
  • Answer: New homes, located in HUD dispute resolution states, are eligible so long as the unresolved issue was reported to the home manufacturer, retailer, installer, State Administrative Agency, or HUD during the one-year period beginning on the date of installation, the homeowner is the first owner of the home, and a complete request for dispute resolution is received by HUD.
• Question: How do I demonstrate that I reported the issue within the first year after installation?
  • Answer: Be sure that your initial report of an alleged defect is date-stamped and in writing or electronic format so that there will be proof of the date of delivery. Also, make a copy to keep with your records so that you have proof in your possession. Persons who report an alleged defect by telephone should make a contemporaneous note of the telephone call, including date, time, the name of the person who received the report, the name of the business contacted, and the telephone number called.

Before You Request Dispute Resolution

• Question: Who should I contact first about an issue with my home?
  • Answer: If an issue arises with your manufactured home, you should first contact your retailer or the home manufacturer. Most issues can be resolved in a timely manner. If the retailer or home manufacturer is not able to resolve your issue, the second contact should be the State Administrative Agency or HUD.
• Question: What is the recommended time frame for making corrections before reaching out to the HUDDRP?
  • Answer: Unless the reported defect poses an excessive risk of injury, death, or significant loss or damage to valuable personal property, homeowners and reporting parties are advised to wait for a reasonable period for a satisfactory resolution before seeking assistance from the HUD Manufactured Home Dispute Resolution Program.

Requesting a Dispute Resolution

• Question: What is the process for submitting a request for HUD manufactured home dispute resolution?
  • Answer: Visit the Submit a Dispute page to learn how to submit a request for dispute resolution.
• Question: What is the fee to submit a request for HUD manufactured home dispute resolution?
  • Answer: The HUDDRP program is free for homeowners and there are no fees associated with submitting a request or participating in the dispute resolution process. However, if you choose to hire an attorney or other legal representative to assist you in the dispute resolution process, you may be responsible for paying their fees. The HUDDRP is designed to be a cost-effective and efficient means of resolving disputes and is intended to provide an alternative to costly and time-consuming litigation.
• Question: As a homeowner, what level of involvement will I have during the dispute resolution process?
  • Answer: While homeowners are not considered parties to the dispute resolution process between the manufacturer, retailer, and/or installer, they are entitled to observe the process and will receive a report on the outcome.
• Question: What happens after I request HUD dispute resolution for my manufactured home?
  • Answer: First, the Federal dispute resolution neutral screener will review your complaint. If the alleged issues violate the Manufactured Construction and Safety Standards or the Model Installation Standards, the screener will notify the parties in writing. If the parties have not initiated an alternative dispute process within seven (7) days after receiving the notice, the screener will refer the matter to mediation. Once a settlement is reached, all parties will be informed of the outcome of mediation in writing. If the issue(s) cannot be resolved after thirty (30) days of the settlement, or if any party is unsatisfied with the result, any party can request nonbinding arbitration.
• Question: How long will it take to get my issue resolved?
  • Answer: The length of time it takes to resolve an issue through the HUD Manufactured Home Dispute Resolution Program can vary. When complaints go to mediation, the program allows up to thirty (30) days from the start of mediation to reach a settlement. If an issue poses an unreasonable threat of injury or significant loss or damage to valuable personal property, only ten (10) days are allowed to reach settlement. If issues are not resolved through mediation and proceed to non-binding arbitration, the amount of time for resolution can vary by case.
• Question: What if I am dissatisfied with the mediated agreement?
  • Answer: If you are dissatisfied with the mediated agreement, you have the option to request nonbinding arbitration.
• Question: What does nonbinding arbitration mean in the HUDDRP process?
  • Answer: Nonbinding arbitration in the HUDDRP (HUD's Manufactured Housing Dispute Resolution Program) process is a type of dispute resolution in which an impartial third party, known as an arbitrator, listens to the arguments and evidence presented by both parties and makes a decision. However, unlike binding arbitration, the decision made by the arbitrator in nonbinding arbitration is not final and does not have to be accepted by either party. In HUDDRP, nonbinding arbitration may be used as a final step in the DRP process if all parties agree to it. HUD will review and issue a final order. Failure to comply with an order is a violation of the National Manufactured Housing Construction and Safety Standards Act.

Consumer Manual Dispute Resolution Notification

§3282.207(e) Dispute resolution information.

(1) The manufacturer must include the following language under a heading of “Dispute Resolution Process” in the consumer manual:

Many states have a consumer assistance or dispute resolution program that homeowners may use to resolve problems with manufacturers, retailers, or installers concerning defects in their manufactured homes that render part of the home unfit for its intended use. Such state programs may include a process to resolve a dispute among a manufacturer, a retailer, and an installer about who will correct the defect. In states where there is not a dispute resolution program that meets the federal requirements, the HUD Manufactured Home Dispute Resolution Program will operate. These are “HUD-administered states.”

The HUD Manufactured Home Dispute Resolution Program is not for cosmetic or minor problems in the home. You may contact the HUD Manufactured Housing Program Office at (202) 708-6423 or (800) 927-2891.

When there is no state dispute resolution program, a homeowner may use the HUD Manufactured Home Dispute Resolution Program to resolve disputes among the manufacturer, retailer, and installer about responsibility for the correction or repair of defects in the manufactured home that were reported during the 1-year period starting on the date of installation. Even after the 1-year period, manufacturers have continuing responsibility to review certain problems that affect the intended use of the manufactured home or its parts, but for which correction may no longer be required under federal law.

(2) The manufacturer must include the following language under a heading of “Additional Information “HUD Manufactured Home Dispute Resolution Program” in the consumer manual:

The steps and information outlined below apply only to the HUD Manufactured Home Dispute Resolution Program that operates in HUD-administered states, as described under the heading “Dispute Resolution Information” in this manual. Under the HUD Manufactured Home Dispute Resolution Program, homeowners must report defects to the manufacturer, retailer, installer, a State Administrative Agency, or HUD within 1 year after the date of the first installation. Homeowners are encouraged to report defects in writing, including, but not limited to, email, written letter, certified mail, or fax, but they may also make a report by telephone.

To demonstrate that the report was made within 1 year after the date of installation, homeowners should report defects in a manner that will create a dated record of the report: for example, by certified mail, by fax, or by email. When making a report by telephone, homeowners are encouraged to make a note of the phone call, including names of conversants, date, and time. No particular format is required to submit a report of an alleged defect, but any such report should at a minimum include a description of the alleged defect, the name of the homeowner, and the address of the home.

Homeowners are encouraged to send reports of an alleged defect first to the manufacturer, retailer, or installer of the manufactured home, or a State Administrative Agency. Reports of alleged defects may also be sent to HUD at:

HUD
Office of Manufactured Housing Programs
Attn: Dispute Resolution
451 Seventh Street, SW
Washington, DC 20410-8000

Reports may also be sent to HUD via fax to (202) 708-4213, email at mhs@hud.gov, or telephonically at (202) 708-6423 or (800) 927-2891.

If, after taking the steps outlined above, the homeowner does not receive a satisfactory response from the manufacturer, retailer, or installer, the homeowner may file a dispute resolution request with the dispute resolution provider in writing, or by making a request by phone. No particular format is required to make a request for dispute resolution, but the request should generally include the following information:

(1) The name, address, and contact information of the homeowner;
(2) The name and contact information of the manufacturer, retailer, and installer of the manufactured home;
(3) The date or dates the report of the alleged defect was made;
(4) Identification of the entities or persons to whom each report of the alleged defect was made and the method that was used to make the report;
(5) The date of installation of the manufactured home affected by the alleged defect; and
(6) A description of the alleged defect.

A screening agent will review the request and, as appropriate, forward the request to the manufacturer, retailer, installer, and mediator. The mediator will mediate the dispute and attempt to facilitate a settlement. The parties to a settlement include, as applicable, the manufacturer, retailer, and installer. If the parties are unable to reach a settlement that result in correction or repair of the alleged defect, any party or the homeowner may request nonbinding arbitration. Should any party refuse to participate, the arbitration shall proceed without that party's input.

Once the arbitrator makes a non-binding recommendation, the arbitrator will forward it to the parties and HUD. HUD will have the option of adopting, modifying, or rejecting the recommendation when issuing an order requiring the responsible party or parties to make any corrections or repairs in the home. At any time before HUD issues a final order, the parties may submit an offer of settlement to HUD that may, at HUD's discretion, be incorporated into the order.

In circumstances where the parties agree that one or more of them, and not the homeowner, is responsible for the alleged defect, the parties will have the opportunity to resolve the dispute outside of the HUD Mediation and Arbitration process by using the Alternative Process. Homeowners will maintain the right to be informed in writing of the outcome when the Alternative Process is used, within 5 days of the outcome. At any time after 30 days of the Alternative Process notification, any participant or the homeowner may invoke the HUD Manufactured Home Dispute Resolution Program and proceed to mediation.

The HUD Manufactured Home Dispute Resolution Program is not a warranty program and does not replace the manufacturers or any other warranty program.