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Tuesday, February 16, 2016

Comments

Very well written Howard nice to know real answers not just guessing and posting thank you for good information.
Rowdy

Thanks for this new input.
Because of RV-Deams, we are Full-Time RV's.
Again Thanks Howard & Linda.

Howard and Linda, I love you guys, but you may want to do a bit more research into this issue before you dismiss old Gerber as being out of his mind.

First, it’s true the new definition was designed to keep HUD out of regulating RV manufacturing. However, because it is being published in the Federal Register and there are, to the best of my knowledge, no other legal definitions of an RV on the federal books, the definition will be adopted by other agencies, local communities, lawyers, judges and whomever else wants to press a case.

You are partially correct that a recreational use clause has been part of the definition since 1982. The old definition noted, in part four, that an RV is "...designed PRIMARILY NOT for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use."

The words PRIMARILY NOT are biggies because they give consumers an out if they want to embrace the full-time lifestyle. The RV may have been designed "primarily not" for use as a permanent dwelling, but the wording suggests there may be legitimate secondary reasons as to why someone may want to use an RV as a permanent dwelling."

However, the new language specifically states an RV is "designed ONLY for recreational use and not
a primary residence or for permanent occupancy."

That means the gray area is eliminated. It could now be interpreted to mean that under no circumstances should an RV be used as a primary residence.

I wonder, could any part of my original opinion piece have come from attorneys who read the initial RVIA release and pondered on the definition’s weaknesses? With that in mind, perhaps you can answer these concerns presented to me by full-time RVing families:

1. Could the new definition be used by a child protective agency to remove children from full-time RVing families because they live in a vehicle not intended to be a “primary dwelling?” Many who have already dealt with CPS workers over school and a transient lifestyle issue feel the kids could be removed until the family obtains a “primary” dwelling.

2. Could an RV manufacturer, upon discovery that an RV was used by a family with no other home, claim the warranty was void because the RV wasn't used "as intended?"

3. Could a full-time RVing family become involved in a serious accident, only to be told by an insurance company that they won't even represent the family because the RV was not being used as intended?

4. Can states now deny full-time RVers the right to vote because they technically only live in an RV and don't have a "primary residence" in the state?

5. Does the new definition give cash-strapped governments justification to deny the popular interest deduction on a second home?

6. Full-time RVers are "domiciled" in a particular state, which means they have licensed the RV to be their "primary dwelling." Without some other property in that state, does the new definition create domicile implications, especially for people who run businesses out of their RVs?

If RVs are not intended as "primary dwellings," and the owner has no other property, could the business be required to pay income or sales tax to EVERY state for EVERY day in which the RV was simply parked in that state?

I am the guy who listens to a lot of people, and then brings their concerns to a wider audience. But, I’m not the only one with reservations about the new definition.

Why are Indiana's two senators "cautiously optimistic" about the definition instead of "enthusiastically supportive" of that wording? Hmmmm?

This RVIA-written and HUD-endorsed definition contains wording that isn't just about regulating the standard to which the RVs are built. It’s creating a brand new legal definition.

The bottom line is the initial press release sent by the RV Industry Association was so poorly written and lacking sufficient background and justification for the action that, yes, a lot of people were spooked by the story.

I am convinced the new definition is a wonderful thing for the RV industry and it will not impact 90 percent of RVers in any way, other than being told where they can park their vehicles.

But, for full-time RVers, I think the new definition raises more questions, and may cause problems especially for those who travel with children.
Here is RVIA’s initial press release:
http://rvdailyreport.com/industry/hud-attempts-to-clarify-definition-of-rv/

Here is RVIA's follow-up release providing much greater clarity as to the reason why the change was needed:
http://rvdailyreport.com/industry/why-huds-proposed-rule-redefining-rvs-is-critical/

GREG GERBER
Editor, RV Daily Report

Thanks for sharing this informative post. We are working to sell our S& B in Naples, FL to go full time.

Thank you for clarifying this. Previous articles were somewhat ominous in their tone. So we can stand down now.

Thanks for clarifying. I know it takes time for you to research and comment on these types of things, but you are a source I can always trust because you do your homework!

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