Personal, not Real: Manufactured Housing Insecurity, Real Property, and the Law

Abstract

Manufactured homes provide a critical source of affordable housing and are the primary source of low-income homeownership in the United States. Yet manufactured housing (MH) is both socially stigmatized and spatially marginalized, which translates to significant inequalities for MH residents. The law figures centrally into how MH is perceived and how it is located, segregated, and financed differently from other housing. This review explores how the law has treated MH with legal hybridity, as personal property similar to an automobile rather than real property like other forms of housing. This core legal distinction structures an array of zoning, financing, and policy provisions that together create a gulf between the opportunities available to conventional owners and renters and those available to residents of MH. I explore existing research on the outcomes of this disparate legal treatment to offer an agenda for future research on a broader range of housing insecurities. Expected final online publication date for the Annual Review of Law and Social Science, Volume 18 is October 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.