PRIA, Government Policy, Made Personal

Summary

Breaking section 5409 or any rules or orders under it can make a person or company pay up to $1,000 for each violation. Each manufactured home involved or each separate failure counts as its own violation, but related violations that happen within one year are limited to $1,000,000 total. If an individual, or a company’s director, officer, or agent, intentionally breaks the rule in a way that threatens a buyer’s health or safety, they can be fined up to $1,000, jailed up to one year, or both.

Title 42, §5410

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Whoever violates any provision of section 5409 of this title, or any regulation or final order issued thereunder, shall be liable to the United States for a civil penalty of not to exceed $1,000 for each such violation. Each violation of a provision of section 5409 of this title, or any regulation or order issued thereunder shall constitute, a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1,000,000 for any related series of violations occurring within one year from the date of the first violation.

(b)An individual or a director, officer, or agent of a corporation who knowingly and willfully violates section 5409 of this title in a manner which threatens the health or safety of any purchaser shall be fined not more than $1,000 or imprisoned not more than one year, or both.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1980—Subsec. (a). Pub. L. 96–399 substituted “manufactured home” for “mobile home”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective upon the expiration of 180 days following Aug. 22, 1974, see section 627 of Pub. L. 93–383, set out as a note under section 5401 of this title.

§5410 Civil and Criminal Penalties