Discriminatory Zoning Laws Against Manufactured Housing

The affordable housing crisis in the U.S. is a pressing issue, and unfortunately, some communities are inadvertently exacerbating the problem. A growing trend has emerged in municipalities using zoning and land use regulations to restrict or eliminate the possibility of placing manufactured homes. These zoning laws not only limit the availability of affordable housing for working families but may also be considered discriminatory under the Fair Housing Act.

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Municipalities have increasingly sought to limit or prohibit the placement of manufactured homes in their jurisdictions. The varied efforts can include restricting community owners from replacing units to attempting outright bans. Some cities even push to isolate manufactured homes far from essential local amenities. These include schools, transportation hubs, medical facilities, and employment opportunities. These actions disproportionately impact lower-income families who rely on affordable housing options.

What’s striking is that many of these zoning decisions contradict the communities’ comprehensive plans. In some cases, manufactured homes fit within the character and aesthetic of specific zones, yet they are still restricted or banned from being placed there.

Examples of Potentially Discriminatory Zoning Laws and Restrictions

Outright Bans

In 2023, Huntsville, Texas, passed a law banning the placement of manufactured homes, even on private property. This change came despite the presence of manufactured homes and multi-family residences in the area. Following significant backlash from residents who lived in manufactured homes, the city council ultimately reversed the ban.

Lot Size Requirements

In Harrison County, Kentucky, a proposed zoning ordinance required that manufactured homes could only be placed on lots of at least 10 acres. These types of restrictions are seen across the U.S. While they’re more common in rural areas, they also impact more urban communities. For example, in Georgetown, South Carolina, a zoning law for a predominantly older mobile home area required large lot sizes. This forced new developments to be consolidated. This zoning also disproportionately affected an area with a majority African American population, prompting an investigation by the U.S. Department of Housing and Urban Development (HUD) for potential Fair Housing Act violations.

Multiple Ordinances and Complex Restrictions

In Pearl, Mississippi, when a Supreme Court decision disallowed the city’s method of excluding manufactured homes. The city responded by implementing changes to density, occupancy, and setback requirements. This new method technically allowed manufactured homes to be placed in land-lease communities. However, simultaneously made it illegal for anyone to occupy those homes. Such layering of ordinances complicates the process and prevents affordable housing solutions from reaching those who need them most.

Exclusions to Manufactured Home Parks

A particularly egregious practice is the restriction that mandates manufactured homes can only be placed within designated manufactured home parks (or “trailer parks”). This limits private property rights and creates unnecessary barriers for homeowners. In London, Kentucky, for example, the city passed a law restricting manufactured homes to parks only. After a legal challenge, the ordinance was overturned.

Age Restrictions

A trend in states like Kansas and Arizona has seen the introduction of ordinances that restrict manufactured homes from being placed if they are over five or ten years old. These laws impose artificial expiration dates on homes and significantly reduce their resale value. This makes it harder for owners to sell or move their homes.

Non-Conforming Use and Zoning Changes

In Lodi, Ohio, the Village changed its interpretation of “non-conforming use” laws to say that when a manufactured home is removed from a land-lease community, the entire park becomes a “non-conforming use.” The Ohio Supreme Court struck down this interpretation, recognizing its negative impact on land-lease communities and property owners.

Arbitrary Denials

Some of the most frustrating cases arise when a township or county denies placing a manufactured home without offering a valid reason. For instance, in Washington Township, Ohio, residents had to secure a court order to force the zoning panel to issue a permit to replace an older manufactured home with a new one.

Addressing the Issue

Zoning restrictions on manufactured homes are a significant barrier to affordable housing in many areas. They often create unnecessary challenges for low-income families struggling to find affordable living options. As these regulations become more restrictive, communities must review their zoning laws and ensure they are aligned to provide equitable housing solutions.

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In the meantime, property owners seeking to place a manufactured home in a community where restrictions exist should:

• Seek legal clarification: In the case of ambiguous or contradictory zoning laws, legal assistance can be the key to determining the best course of action.
• Request variances: Where zoning laws are restrictive, property owners may be able to apply for a variance to build a manufactured home on their land.
• Advocate for change: Communities should engage in open discussions with local government officials to advocate for policies that support affordable housing, including fairer zoning laws for manufactured homes.

Manufactured homes offer an affordable, flexible housing solution for families. Local governments must take steps to ensure they’re not unintentionally contributing to the growing housing crisis. We can work toward creating a more inclusive and sustainable housing market by addressing zoning challenges. As well as supporting policies that promote diverse housing options.