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42 U.S.C. § 5410 — Civil and criminal penalties
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5410
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Stable record: federal_law:legal_authorities:record_usc_94538fb07e80a31b544357a1
Source file: Laws/federal/codes/united-states-code/title-42/section-5410-civil-and-criminal-penalties--c211e1534d.md
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Source location: Title 42, Chapter 70, § 5410; chapter-070-manufactured-home-construction-and-safety-standards.md
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**(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
**(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
**(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; 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5411
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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 6560
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5409
Editorial Notes
AMENDMENTS
1980—Pub.
L.
96–399
substituted
‘‘manufactured
home’’ for ‘‘mobile home’’ in two places.
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.
§ 5409. Prohibited acts; exemptions
(a) No person shall—
(1) make use of any means of transportation
or communication affecting interstate or for-
eign 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 man-
ufactured on or after the effective date of any
applicable Federal manufactured home con-
struction and safety standard under this chap-
ter 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 impor-
tation affects commerce;
(2) fail or refuse to permit access to or copy-
ing of records, or fail to make reports or pro-
vide information, or fail or refuse to permit
entry or inspection, as required under section
5413 of this title;
(3) fail to furnish notification of any defect
as required by section 5414 of this title;
(4) fail to issue a certification required by
section 5415 of this title, or issue a certifi-
cation to the effect that a manufactured home
conforms to all applicable Federal manufac-
tured 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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5410
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.