LEGAL

[MELISSA POOLE]

FOR A YEAR I HAVE BEEN FIGHTING WITH MY TOWN. I GOT I BUILDING PERMIT IN MAY OF 2000. UNDER DESCRITION I WROTE MODULAR ADDITION TO AN EXSITING HOUSE. I WAS UNDER THE IMPRESSION THAT A TRAILER WAS NO LONGER A MOBILE HOME IF IT HAD NO WHEELS. SO WHEN IT WAS DELIVERED I HAD THE WHEELS AND AXLES REMOVED. THE ORDINANCE DOES NOT GIVE A CLEAR DESCRIPTION OF WHAT A MOBILE HOME IS. THE TOWN SAID THAT BECAUSE IT WAS BUILT IN 1965 IT IS STILL A MOBILE HOME AND IS ILLEGAL TO BE THERE. THE CASE WENT TO COURT ON 2/20/01. THE DECISION WAS FILED ON 5/8/01. THEY NOW SAY THAT I HAVE 30 DAYS TO REMOVE IT AND PAY $500 IN THEIR LEGAL FEES. I AM FILING AN APPEAL ON TUESDAY 5/29/01 BECAUSE OF THE HOLIDAY AND I WILL HAVE TO PAY A $300 BOND TO DO THAT. IAM A PHYSICALLY INCAPACITATED MOTHER OF 2 ENTIRELY SUPPORTED BY WELFARE. I ONLY GET $400 AMONTH. I YOU HAVE ANY INFORATION THAT COULD HELP PLEASE CONTACT ME AT [email protected] . THANKS!

[Dan O'Flaherty]

If I understand your message correctly, you are attaching a 1965 model to your home. First, a 1965 model is older than the HUD code and even if "Manufactured Homes" are allowed in your town, something that old may not be.
The term Modular usually is used to referr to a factory built home that conforms to the local building codes. No one uses the term "trailer" in the business and "mobile home" is often used to discribe home produced prior to the HUD code (1976)
Before you do anything I would have the local building inspector point out exactly under what law they refused you.
They may be in the right before putting dollars into this I suggest you check.

[Jon]

Melissa:
I suggest you do not put any more money into fighting this matter, unless you have an attorney who thinks otherwise.
In the absence of knowing the location in which you live, trying to understand the rationale of your town is difficult. However, from the statements you made, it appears your town was willing to allow a modular addition to your existing house but refuses to allow an addition of manufactured home construction. This set of facts strongly suggests the response you received from Dan O'Flaherty is correct. Here's why: (1) States having minimum building codes to which all new construction must comply; (2) towns, being an arm of the state, must insure all new construction within their borders comply with the state building codes, as well as any county and/or municipal codes; (3) modular units (homes and additions) are built to comply with all the codes for the location in which they will be situated; (4) since June 1976 a manufactured home (the "mobile" home) must comply with the federal construction codes, commonly referred to as "HUD" code.
Accordingly, the manufactured home you are trying to use as an addition to an existing home does not meet codes. Although you apparently received a building permit to install a modular addition that would meet codes by definition, you are trying to install a nonconforming manufactured home. Hence, your problem.
I hope you get an understanding judge. Good luck.

[Jim]

Melissa:

Ron above is right, it is hard to understand the logic of your local town, without knowing more about where you are located....
I am located in southern California and currently live in a manufactured-home built in 1989. I used to have a "Mobile Home" that
was built in 1969. I did add a room addition to the mobile home with a permit, but it was called a California room because it could
not be permanently attached to the mobile home, in other word, if I moved the mobile home the room addition would be still
standing. If you should be located in the state of California, a good place to maybe get some assistance would be:
http://gsmol.org/GSMOL/RESOURCES/resources_links.html

Dealing with city hall can be a pain... I hope this helps.... Jim

[cynthia]

This discussion makes me wonder if we would encounter opposition from the township where our pre-fab 1950's summer cabin is located if we added some modular bedrooms. However, since i haven't been able to locate any supplier in the Berkshires who will even talk about an addition, it is all theoretical. Any suggestions as to companies which will make and deliver additions would be welcome. With regard to Melissa's problem, I wonder if there is any aspect of the unit she wishes to add which would be more convenient for her, given her incapacity. There might be some leeway if she could make a case that it made the house more accessible.