2026-07-11 Comment response to the published Request for information
Tiny House Alliance USAOtherAdvocacy
Summary: Janet Thome, President of Tiny House Alliance USA, argues that HUD is engaging in regulatory capture by granting a specific manufacturer (Clayton Homes) an exception to chassis requirements before the public comment period for a related rule has closed. She expresses concern that this premature implementation favors a large corporation while undermining safety, traceability, and the interests of smaller builders.
HUD Pre-Rulemaking Favoritism: Clayton Homes Receives Chassis-Free Approval Before Public Comment Period Closes
On June 12, 2026, HUD published a proposed rule in the Federal Register titled “Revising the Definition of ‘Manufactured Home’ to Lower Housing Costs” (Docket HUD-2026-0794). The proposal would amend the definition of a manufactured home to allow upper-story transportable sections of multi-story homes to be built and transported without a permanent chassis.
Just 13 days later, on June 25, 2026, HUD issued Alternative Construction (AC) letter 26-08-AC to CMH Manufacturing, Inc. (Clayton Homes), granting exactly that exception for upper-story sections.
Key elements of the AC approval:
Upper floors do not require a permanent chassis (ground floor sections do).
Serial number identification downgraded to a metal plate on the foremost floor joist instead of permanent chassis stamping required by Enforcement Interpretative Bulletin H-2-77.
DAPIA role fulfilled by ICC-NTA.
Limited to 100 homes per facility for 2 years, with on-site completion and special purchaser notices.
Public comment deadline: August 11, 2026.
This sequence — approval before the rulemaking comment period even closed — demonstrates premature implementation favoring a single large manufacturer while smaller builders and stakeholders (including Tiny House Alliance USA) are still submitting input on transportation safety, traceability, NHTSA coordination, and preemption issues.
Supporting Documents:
HUD AC Letter 26-08-AC (June 25, 2026) (full 10-page document with exhibits).
Tiny House Alliance USA article documenting the timeline and linking to the Federal Register proposed rule.
Janet Thome’s submitted comments (Docket HUD-2026-0794-0003) urging NHTSA/FMCSA coordination and a Temporary Transportation Task Group.
Enforcement Interpretative Bulletin H-2-77 on IPIA chassis serial number responsibilities.
This example directly illustrates the regulatory capture concerns: HUD is advancing policy changes for connected players (via ICC-NTA) ahead of transparent rulemaking, undermining chassis traceability and creating risks around ghost trailers and federal transportation law.
HUD Seeks Comments Removal Of Upper Floor Chassis
https://www.tinyhouseallianceusa.org/hud-seeks-comments-removal-of-upper-floor-chassis/
ICC 1215 Promotes ‘Independent Carrier System’ Ghost Trailer
https://www.tinyhouseallianceusa.org/icc-1215-promotes-independent-carrier-system-ghost-trailer/
ICC 1215: Chassis Silence or Regulatory Coverup?
https://www.tinyhouseallianceusa.org/icc-1215-chassis-silence-or-regulatory-coverup/
Janet Thome President
Tiny House Alliance USA