U.S. Code » Title 42 » CHAPTER 70— MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

42 U.S.C. § 5409

Prohibited acts; exemptions

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(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;(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 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, if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect; or(7) after the expiration of the period specified in section 5404(c)(2)(B) of this title, fail to comply with the requirements for the installation program required by section 5404 of this title in any State that has not adopted and implemented a State installation program.(b)(1) Paragraph (1) of subsection (a) shall not apply to the sale, the offer for sale, or the introduction or delivery for introduction in interstate commerce of any manufactured home after the first purchase of it in good faith for purposes other than resale.(2) For purposes of section 5410 of this title, paragraph (1) of subsection (a) shall not apply to any person who establishes that he did not have reason to know in the exercise of due care that such manufactured home is not in conformity with applicable Federal manufactured home construction and safety standards, or to any person who, prior to such first purchase, holds a certificate issued by the manufacturer or importer of such manufactured home to the effect that such manufactured home conforms to all applicable Federal manufactured home construction and safety standards, unless such person knows that such manufactured home does not so conform.(3) A manufactured home offered for importation in violation of paragraph (1) of subsection (a) shall be refused admission into the United States under joint regulations issued by the Secretary of the Treasury and the Secretary, except that the Secretary of the Treasury and the Secretary may, by such regulations, provide for authorizing the importation of such manufactured home into the United States upon such terms and conditions (including the furnishing of a bond) as may appear to them appropriate to insure that any such manufactured home will be brought into conformity with any applicable Federal manufactured home construction or safety standard prescribed under this chapter, or will be exported from, or forfeited to, the United States.(4) The Secretary of the Treasury and the Secretary may, by joint regulations, permit the importation of any manufactured home after the first purchase of it in good faith for purposes other than resale.(5) Paragraph (1) of subsection (a) shall not apply in the case of a manufactured home intended solely for export, and so labeled or tagged on the manufactured home itself and on the outside of the container, if any, in which it is to be exported.(c) Compliance with any Federal manufactured home construction or safety standard issued under this chapter does not exempt any person from any liability under common law.(Pub. L. 93–383, title VI, § 610, Aug. 22, 1974, 88 Stat. 704; Pub. L. 95–128, title IX, § 902(b), Oct. 12, 1977, 91 Stat. 1149; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L. 106–569, title VI, § 608, Dec. 27, 2000, 114 Stat. 3009.)Editorial NotesAmendments

2000—Subsec. (a)(7). Pub. L. 106–569 added par. (7).

1980—Subsecs. (a)(1), (4), (b)(1) to (5), (c). Pub. L. 96–399 substituted “manufactured home” for “mobile home” wherever appearing.

1977—Subsec. (a)(6). Pub. L. 95–128 added par. (6).

Statutory Notes and Related SubsidiariesEffective Date of 2000 Amendment

Amendment by Pub. L. 106–569 effective Dec. 27, 2000, except that amendment has no effect on any order or interpretative bulletin issued under this chapter and published as a proposed rule pursuant to 5 U.S.C. 553 on or before Dec. 27, 2000, see section 612 of Pub. L. 106–569, set out as a note under section 5401 of this title.

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.

Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1980–2022 · leading case: Gonzalez v. Drew Indus. Inc., 750 F. Supp. 2d 1061 (C.D. Cal. 2007).
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Gonzalez v. Drew Indus. Inc., 750 F. Supp. 2d 1061 (C.D. Cal. 2007). · cites it 5× “This conclusion is reinforced by the two saving clauses contained in 42 U.S.C. § 5409 (c) and 42 U.S.C. § 5414 (g), which address and explicitly preserve the rights of consumers to file civil actions under the Act.”
Redman Homes, Inc. v. Ivy, 920 S.W.2d 664 (Tex. 1996). · cites it 2× “See 42 U.S.C. § 5409 (a). Redman first contends that, because the unit in question complied with all federal standards and obtained the required inspection label, the NMHCSSA precludes the Ivys from recovering on the judgment below.”
Wilson v. Pleasant, 660 N.E.2d 327 (Ind. 1996). · cites it 2× “42 U.S.C. § 5409 (c) (1995); Shorter v. Champion Home Builders, 776 F.”
Harrison v. Skyline Corp., 686 S.E.2d 735 (W. Va. 2009). · cites it 3× “Does the “savings clause” of 42 U.S.C. § 5409 (c) preclude the Court from granting the Defendants’ motions for summary judgment when despite the legislative history which established that it was is [sic] HUD’s intention that federal standards preempt State and local formaldehyde…”
Lady v. Neal Glaser Marine, Inc., 228 F.3d 598 (5th Cir. 2000). “§ 5403 (d), did not preempt a tort action against the manufacturer of a mobile home, in light of the Manufactured Housing Act’s also containing a savings provision which stated that "[c]ompliance with any Federal manufactured home construction or safety standard issued under…”
Choate v. Champion Home Builders Co., 222 F.3d 788 (10th Cir. 2000). · cites it 2× “Choate and Madewell responded that a “saving” clause in the Manufactured Housing Act at 42 U.S.C. § 5409 (c) preserved their claim from preemption.”
Shorter v. Champion Home Builders Co., 776 F. Supp. 333 (N.D. Ohio 1991). “42 U.S.C. § 5409 (c). Plaintiffs argue that “[h]ere, Congress made it clear that even compliance with a mobile home standard will not bar common law actions.”
MacMillan v. Redman Homes, Inc., 818 S.W.2d 87 (Tex. App.—San Antonio 1991). “42 U.S.C. § 5409 provides: (c) Compliance with any Federal manufactured home construction or safety standard issued under this chapter does not exempt any person from any liability under common law.”
Smith v. Cappaert Manufactured Hous., Inc., 89 So. 3d 1234 (La. Ct. App. 2012). “We note, however, that 42 U.S.C. § 5409 (c) states that “[cjompliance with any Federal manufactured home construction or safety standard issued under this chapter does not exempt any person from any liability under common law.”
In re Fema Trailer Formaldehyde Prods. Liab. Litig., 620 F. Supp. 2d 755 (E.D. La. 2009). “” 6 42 U.S.C. § 5409 (c). Additionally, the MHA contains a provision that sets forth state court jurisdiction 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…”
Stegall v. Kynaston, 613 P.2d 1214 (Wash. Ct. App. 1980). “…national mobile home act exempts "any mobile home after the first purchase in good faith for the purposes of resale." 42 U.S.C. § 5409 (b)(1).”
Richard v. Fleetwood Enter., Inc., 4 F. Supp. 2d 650 (E.D. Tex. 1998). “42 U.S.C. §§ 5409 (c), 5414(g)(2). Therefore, the statute is devoid of Congressional intent to create a private cause of action.”
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