Working Paper
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Getting Zoning for Manufactured Housing Right

Daniel R. Mandelker

February 2023, English


This working paper discusses zoning barriers to manufactured housing. Zoning is a poorly constructed system that allows local governments to restrict manufactured housing. Zoning restrictions create unequal treatment, such as the exclusion of manufactured housing from single-family zoning districts. Judicial review is weak, but legislation can prohibit unequal treatment. Courts usually uphold denials of manufactured housing and restrictive conditions for its approval. Clear and objective defined standards should be required that should not discourage manufactured housing. Statutes and zoning ordinances should prohibit restrictive design standards for manufactured housing, such as roof pitch and exterior treatment standards, and standards that require customized design treatment that may be difficult for manufactured housing to meet. A support organization is needed that can provide litigation and legislative support to help manufactured housing advocates with zoning reform. Statutory reform proposals for legislative change should be included in local zoning ordinances.


Keywords

Housing, Zoning