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42 U.S.C. § 5414 — Notification and correction of defects by manufacturer
Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice to purchaser within reasonable time after discovery of defect** Every manufacturer of manufactured homes shall furnish notification of any defect in any manufactured home produced by such manufacturer which he determines, in good faith, relates to a Federal manufactured home construction or safety standard or contains a defect which constitutes an imminent safety hazard to the purchaser of such manufactured home, within a reasonable time after such manufacturer has discovered such defect.
**(b) Notification by mail** The notification required by subsection (a) shall be accomplished—
(1) by mail to the first purchaser (not including any retailer or distributor of such manufacturer) of the manufactured home containing the defect, and to any subsequent purchaser to whom any warranty on such manufactured home has been transferred;
(2) by mail to any other person who is a registered owner of such manufactured home and whose name and address has been ascertained pursuant to procedures established under subsection (f); and
(3) by mail or other more expeditious means to the retailer or retailers of such manufacturer to whom such manufactured home was delivered.
**(c) Form and requisites of notification** The notification required by subsection (a) shall contain a clear description of such defect or failure to comply, an evaluation of the risk to manufactured home occupants’ safety reasonably related to such defect, and a statement of the measures needed to repair the defect. The notification shall also inform the owner whether the defect is a construction or safety defect which the manufacturer will have corrected at no cost to the owner of the manufactured home under subsection (g) or otherwise, or is a defect which must be corrected at the expense of the own
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Source location: Title 42, Chapter 70, § 5414; chapter-070-manufactured-home-construction-and-safety-standards.md
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**(a) Notice to purchaser within reasonable time after discovery of defect** Every manufacturer of manufactured homes shall furnish notification of any defect in any manufactured home produced by such manufacturer which he determines, in good faith, relates to a Federal manufactured home construction or safety standard or contains a defect which constitutes an imminent safety hazard to the purchaser of such manufactured home, within a reasonable time after such manufacturer has discovered such defect.
**(b) Notification by mail** The notification required by subsection (a) shall be accomplished—
(1) by mail to the first purchaser (not including any retailer or distributor of such manufacturer) of the manufactured home containing the defect, and to any subsequent purchaser to whom any warranty on such manufactured home has been transferred;
(2) by mail to any other person who is a registered owner of such manufactured home and whose name and address has been ascertained pursuant to procedures established under subsection (f); and
(3) by mail or other more expeditious means to the retailer or retailers of such manufacturer to whom such manufactured home was delivered.
**(c) Form and requisites of notification** The notification required by subsection (a) shall contain a clear description of such defect or failure to comply, an evaluation of the risk to manufactured home occupants’ safety reasonably related to such defect, and a statement of the measures needed to repair the defect. The notification shall also inform the owner whether the defect is a construction or safety defect which the manufacturer will have corrected at no cost to the owner of the manufactured home under subsection (g) or otherwise, or is a defect which must be corrected at the expense of the owner.
**(d) Copy to Secretary of all notices, bulletins, and communications sent by manufacturer to retailers and purchasers concerning defects; disclosure to public by Secretary** Every manufacturer of manufactured homes shall furnish to the Secretary a true or representative copy of all notices, bulletins, and other communications to the retailers of such manufacturer or purchasers of manufactured homes of such manufacturer regarding any defect in any such manufactured home produced by such manufacturer. The Secretary shall disclose to the public so much of the information contained in such notices or other information obtained under [section 5413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5413&num=0&edition=prelim) as he deems will assist in carrying out the purposes of this chapter, but he shall not disclose any information which contains or relates to a trade secret, or which, if disclosed, would put such manufacturer at a substantial competitive disadvantage, unless he determines that it is necessary to carry out the purposes of this chapter.
**(e) Notice by Secretary to manufacturers of noncompliance with standards or defective nature of manufactured home; contents of notice; presentation by manufacturer of views; notice to purchasers of defects** If the Secretary determines that any manufactured home—
(1) does not comply with an applicable Federal manufactured home construction and safety standard prescribed pursuant to [section 5403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403&num=0&edition=prelim); or
(2) contains a defect which constitutes an imminent safety hazard,
then he shall immediately notify the manufacturer of such manufactured home of such defect or failure to comply. The notice shall contain the findings of the Secretary and shall include all information upon which the findings are based. The Secretary shall afford such manufacturer an opportunity to present his views and evidence in support thereof, to establish that there is no failure of compliance. If after such presentation by the manufacturer the Secretary determines that such manufactured home does not comply with applicable Federal manufactured home construction or safety standards, or contains a defect which constitutes an imminent safety hazard, the Secretary shall direct the manufacturer to furnish the notification specified in subsections (a) and (b) of this section.
**(f) Maintenance by manufacturers of record of names and addresses of first purchasers of manufactured homes; procedures for ascertaining names and addresses of subsequent purchasers; establishment and reasonableness of procedures for maintaining records** Every manufacturer of manufactured homes shall maintain a record of the name and address of the first purchaser of each manufactured home (for purposes other than resale), and, to the maximum extent feasible, shall maintain procedures for ascertaining the name and address of any subsequent purchaser thereof and shall maintain a record of names and addresses so ascertained. Such records shall be kept for each home produced by a manufacturer. The Secretary may establish by order procedures to be followed by manufacturers in establishing and maintaining such records, including procedures to be followed by distributors and retailers to assist manufacturers to secure the information required by this subsection. Such procedures shall be reasonable for the particular type of manufactured home for which they are prescribed.
**(g) Correction of defects by manufacturer; conditions; procedures; contract or legal rights of purchasers or other persons unaffected** A manufacturer required to furnish notification of a defect under subsection (a) or (e) shall also bring the manufactured home into compliance with applicable standards and correct the defect or have the defect corrected within a reasonable period of time at no expense to the owner, but only if—
(1) the defect presents an unreasonable risk of injury or death to occupants of the affected manufactured home or homes;
(2) the defect can be related to an error in design or assembly of the manufactured home by the manufacturer.
The Secretary may direct the manufacturer to make such corrections after providing an opportunity for oral and written presentation of views by interested persons. Nothing in this section shall limit the rights of the purchaser or any other person under any contract or applicable law.
**(h) Submission to Secretary by manufacturer of plan for notifying owners of defects and repair of defects; approval of manufacturer’s remedy plan; effectuation and implementation of remedy plan** The manufacturer shall submit his plan for notifying owners of the defect and for repairing such defect (if required under subsection (g)) to the Secretary for his approval before implementing such plan. Whenever a manufacturer is required under subsection (g) to correct a defect, the Secretary shall approve with or without modification, after consultation with the manufacturer of the manufactured home involved, such manufacturer’s remedy plan including the date when, and the method by which, the notification and remedy required pursuant to this section shall be effectuated. Such date shall be the earliest practicable one but shall not be more than sixty days after the date of discovery or determination of the defect or failure to comply, unless the Secretary grants an extension of such period for good cause shown and publishes a notice of such extension in the Federal Register. Such manufacturer is bound to implement such remedy plan as approved by the Secretary.
**(i) Defective or inadequately repaired manufactured homes; replacement with new or equivalent home or refund of purchase price** Where a defect or failure to comply in a manufactured home cannot be adequately repaired within sixty days from the date of discovery or determination of the defect, the Secretary may require that the manufactured home be replaced with a new or equivalent home without charge, or that the purchase price be refunded in full, less a reasonable allowance for depreciation based on actual use if the home has been in the possession of the owner for more than one year.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary; results furnished to Attorney General and Secretary of the Treasury for appropriate action** The Secretary is authorized to conduct such inspections and investigations as may be necessary to promulgate or enforce Federal manufactured home construction and safety standards established under this chapter or otherwise to carry out his duties under this chapter. He shall furnish the Attorney General and, when appropriate, the Secretary of the Treasury any information obtained indicating noncompliance with such standards for appropriate action.
**(b) Designation by Secretary of persons to enter and inspect factories, etc.; presentation of credentials; reasonableness and scope of inspection**
(1) For purposes of enforcement of this chapter, persons duly designated by the Secretary, upon presenting appropriate credentials to the owner, operator, or agent in charge, are authorized—
(A) to enter, at reasonable times and without advance notice, any factory, warehouse, or establishment in which manufactured homes are manufactured, stored, or held, for sale; and
(B) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, any such factory, warehouse, or establishment, and to inspect such books, papers, records, and documents as are set forth in subsection (c). Each such inspection shall be commenced and completed with reasonable promptness.
(2) The Secretary is authorized to contract with State and local governments and private inspection organizations to carry out his functions under this subsection.
**(c) Powers of Secretary** For the purpose of carrying out the provisions of this chapter, the Secretary is authorized—
(1) to hold such hearings, take such testimony, sit and act at such times and places, admin
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5413
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress finds that—
(1) manufactured housing plays a vital role in meeting the housing needs of the Nation; and
(2) manufactured homes provide a significant resource for affordable homeownership and rental housing accessible to all Americans.
**(b) Purposes** The purposes of this chapter are—
(1) to protect the quality, durability, safety, and affordability of manufactured homes;
(2) to facilitate the availability of affordable manufactured homes and to increase homeownership for all Americans;
(3) to provide for the establishment of practical, uniform, and, to the extent possible, performance-based Federal construction standards for manufactured homes;
(4) to encourage innovative and cost-effective construction techniques for manufactured homes;
(5) to protect residents of manufactured homes with respect to personal injuries and the amount of insurance costs and property damages in manufactured housing, consistent with the other purposes of this section;
(6) to establish a balanced consensus process for the development, revision, and interpretation of Federal construction and safety standards for manufactured homes and related regulations for the enforcement of such standards;
(7) to ensure uniform and effective enforcement of Federal construction and safety standards for manufactured homes; and
(8) to ensure that the public interest in, and need for, affordable manufactured housing is duly considered in all determinations relating to the Federal standards and their enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5401
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Federal law — U.S. Code and appendices · legal_authorities
The Act of May 26, 1942, ch. 319, 56 Stat. 301, may be cited as the “National Housing Act Amendments of 1942”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1703
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment**
(1) **Authority** — The Secretary shall establish, by order, appropriate Federal manufactured home construction and safety standards, each of which—
(A) shall—
(i) be reasonable and practical;
(ii) meet high standards of protection consistent with the purposes of this chapter; and
(iii) be performance-based and objectively stated, unless clearly inappropriate; and
(B) except as provided in subsection (b), shall be established in accordance with the consensus standards development process.
(2) **Consensus standards and regulatory development process**
(A) *Initial agreement* — Not later than 180 days after December 27, 2000, the Secretary shall enter into a contract with an administering organization. The contractual agreement shall—
(i) terminate on the date on which a contract is entered into under subparagraph (B); and
(ii) require the administering organization to—
(I) recommend the initial members of the consensus committee under paragraph (3);
(II) administer the consensus standards development process until the termination of that agreement; and
(III) administer the consensus development and interpretation process for procedural and enforcement regulations and regulations specifying the permissible scope and conduct of monitoring until the termination of that agreement.
(B) *Competitively procured contract* — Upon the expiration of the 4-year period beginning on the date on which all members of the consensus committee are appointed under paragraph (3), the Secretary shall, using competitive procedures (as such term is defined in [section 132 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section132&num=0&edition=prelim)), enter into a competitively
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5403
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** No person shall—
(1) make use of any means of transportation or communication affecting interstate or foreign commerce or the mails to manufacture for sale, lease, sell, offer for sale or lease, or introduce or deliver, or import into the United States, any manufactured home which is manufactured on or after the effective date of any applicable Federal manufactured home construction and safety standard under this chapter and which does not comply with such standard, except as provided in subsection (b), where such manufacture, lease, sale, offer for sale or lease, introduction, delivery, or importation affects commerce;
(2) fail or refuse to permit access to or copying of records, or fail to make reports or provide information, or fail or refuse to permit entry or inspection, as required under [section 5413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5413&num=0&edition=prelim);
(3) fail to furnish notification of any defect as required by [section 5414 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5414&num=0&edition=prelim);
(4) fail to issue a certification required by [section 5415 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5415&num=0&edition=prelim), or issue a certification to the effect that a manufactured home conforms to all applicable Federal manufactured home construction and safety standards, if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect;
(5) fail to comply with a final order issued by the Secretary under this chapter;
(6) issue a certification pursuant to subsection (h) of [section 5403 of this title](https://uscode.house.go
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5409
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Jurisdiction of State agency or court under State law** Nothing in this chapter shall prevent any State agency or court from asserting jurisdiction under State law over any manufactured home construction or safety issue with respect to which no Federal manufactured home construction and safety standard has been established pursuant to the provisions of [section 5403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403&num=0&edition=prelim).
**(b) Assumption of responsibility for enforcement of Federal standards; submission of enforcement plan to Secretary** Any State which, at any time, desires to assume responsibility for enforcement of manufactured home safety and construction standards relating to any issue with respect to which a Federal standard has been established under [section 5403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403&num=0&edition=prelim), shall submit to the Secretary a State plan for enforcement of such standards.
**(c) Criteria for approval of State plan by Secretary** The Secretary shall approve the plan submitted by a State under subsection (b), or any modification thereof, if such plan in his judgment—
(1) designates a State agency or agencies as the agency or agencies responsible for administering the plan throughout the State;
(2) provides for the enforcement of manufactured home safety and construction standards promulgated under [section 5403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403&num=0&edition=prelim);
(3) provides for a right of entry and inspection of all factories, warehouses, or establishments in such State in which manufactured homes are manufactured and for the review of plans
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5422
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Federal law — U.S. Code and appendices · legal_authorities
Page 6564
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5414
at the time of such purchase or in printed
matter placed in the manufactured home.
(h) Disclosure of confidential information and
trade secrets
All information reported to or otherwise ob-
tained by the Secretary or his representative
pursuant to subsection (b), (c), (f), or (g) which
contains or relates to a trade secret, or which, if
disclosed, would put the person furnishing such
information at a substantial competitive dis-
advantage, shall be considered confidential, ex-
cept that such information may be disclosed to
other officers or employees concerned with car-
rying out this chapter or when relevant in any
proceeding under this chapter. Nothing in this
section shall authorize the withholding of infor-
mation by the Secretary or any officer or em-
ployee under his control from the duly author-
ized committees of the Congress.
(Pub. L. 93–383, title VI, § 614, Aug. 22, 1974, 88
Stat. 707; Pub. L. 96–399, title III, § 308(c)(4), Oct.
8, 1980, 94 Stat. 1641; Pub. L. 97–35, title III,
§ 339B(c), Aug. 13, 1981, 95 Stat. 417; Pub. L.
106–569, title VI, § 603(b)(2), Dec. 27, 2000, 114 Stat.
2999.)
Editorial Notes
CODIFICATION
References to ‘‘mobile homes’’, wherever appearing in
text, changed to ‘‘manufactured homes’’ in view of the
amendment of title VI of the Housing and Community
Development Act of 1974 (this chapter) by section
308(c)(4) of Pub. L. 96–399 requiring the substitution of
‘‘manufactured home’’ for ‘‘mobile home’’ wherever ap-
pearing in title VI of the Housing and Community De-
velopment Act of 1974, and section 339B(c) of Pub. L.
97–35 (set out as a note under section 1703 of Title 12,
Banks and Banking) providing that the terms ‘‘mobile
home’’ and ‘‘manufactured home’’
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5414
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