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42 U.S.C. § 5411 — Injunctive relief
Federal law — U.S. Code and appendices · legal_authorities
**(a) Jurisdiction; petition of United States attorney or Attorney General; notice by Secretary to affected persons to present views** The United States district courts shall have jurisdiction, for cause shown and subject to the provisions of rule 65(a) and (b) of the Federal Rules of Civil Procedure, to restrain violations of this chapter, or to restrain the sale, offer for sale, or the importation into the United States, of any manufactured home which is determined, prior to the first purchase of such manufactured home in good faith for purposes other than resale, not to conform to applicable Federal manufactured home construction and safety standards prescribed pursuant to this chapter or to contain a defect which constitutes an imminent safety hazard, upon petition by the appropriate United States attorney or the Attorney General on behalf of the United States. Whenever practicable, the Secretary shall give notice to any person against whom an action for injunctive relief is contemplated and afford him an opportunity to present his views and the failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief.
**(b) Criminal contempt proceedings; conduct of trial** In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, which violation also constitutes a violation of this chapter, trial shall be by the court or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure.
**(c) Venue** Actions under subsection (a) of this section and [section 5410 of this title](https://uscode.house.go
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Source file: Laws/federal/codes/united-states-code/title-42/section-5411-injunctive-relief--33984e7b15.md
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Source location: Title 42, Chapter 70, § 5411; chapter-070-manufactured-home-construction-and-safety-standards.md
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**(a) Jurisdiction; petition of United States attorney or Attorney General; notice by Secretary to affected persons to present views** The United States district courts shall have jurisdiction, for cause shown and subject to the provisions of rule 65(a) and (b) of the Federal Rules of Civil Procedure, to restrain violations of this chapter, or to restrain the sale, offer for sale, or the importation into the United States, of any manufactured home which is determined, prior to the first purchase of such manufactured home in good faith for purposes other than resale, not to conform to applicable Federal manufactured home construction and safety standards prescribed pursuant to this chapter or to contain a defect which constitutes an imminent safety hazard, upon petition by the appropriate United States attorney or the Attorney General on behalf of the United States. Whenever practicable, the Secretary shall give notice to any person against whom an action for injunctive relief is contemplated and afford him an opportunity to present his views and the failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief.
**(b) Criminal contempt proceedings; conduct of trial** In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, which violation also constitutes a violation of this chapter, trial shall be by the court or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure.
**(c) Venue** Actions under subsection (a) of this section and [section 5410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5410&num=0&edition=prelim) may be brought in the district wherein any act or transaction constituting the violation occurred, or in the district wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found.
**(d) Subpenas** In any action brought by the United States under subsection (a) of this section or [section 5410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5410&num=0&edition=prelim), subpenas by the United States for witnesses who are required to attend at United States district court may run into any other district.
**(e) Designation by manufacturer of agent for service of administrative and judicial processes, etc.; filing and amendment of designation; failure to make designation** It shall be the duty of every manufacturer offering a manufactured home for importation into the United States to designate in writing an agent upon whom service of all administrative and judicial processes, notices, orders, decisions, and requirements may be made for and on behalf of such manufacturer, and to file such designation with the Secretary, which designation may from time to time be changed by like writing, similarly filed. Service of all administrative and judicial processes, notices, orders, decisions, and requirements may be made upon such manufacturer by service upon such designated agent at his office or usual place of residence with like effect as if made personally upon such manufacturer, and in default of such designation of such agent, service of process or any notice, order, requirement, or decision in any proceeding before the Secretary or in any judicial proceeding pursuant to this chapter may be made by mailing such process, notice, order, requirement, or decision to the Secretary by registered or certified mail.
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever violates any provision of [section 5409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5409&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5409&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5409&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 6561
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5411
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 pro-
vision of section 5409 of this title, or any regula-
tion or order issued thereunder shall constitute,
a separate violation with respect to each manu-
factured 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 will-
fully violates section 5409 of this title in a man-
ner 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.
(Pub. L. 93–383, title VI, § 611, Aug. 22, 1974, 88
Stat. 705; Pub. L. 96–399, title III, § 308(c)(4), Oct.
8, 1980, 94 Stat. 1641.)
Editorial Notes
AMENDMENTS
1980—Subsec. (a). Pub. L. 96–399 substituted ‘‘manu-
factured home’’ for ‘‘mobile home’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective upon the expiration of 180 days fol-
lowing Aug. 22, 1974, see section 627 of Pub. L. 93–383,
set out as a note under section 5401 of this title.
§ 5411. Injunctive relief
(a) Jurisdiction; petition of United States attor-
ney or Attorney General; notice by Secretary
to affected persons to present views
The United States district courts shall have
jurisdiction, for cause shown and subject to the
provisions of rule 65(a) and (b) of the Federal
Rules of Civil Procedure, to restrain violations
of this chapter, or to restrain the sale, o
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