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

42 U.S.C. § 5410

Civil and criminal penalties

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(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.(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 NotesAmendments

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

Statutory Notes and Related SubsidiariesEffective 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 3 cases, 1983–1988 · leading case: United States v. Fleetwood Enter., Inc., 689 F. Supp. 389 (D. Del. 1988).
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United States v. Fleetwood Enter., Inc., 689 F. Supp. 389 (D. Del. 1988). “42 U.S.C. § 5410 (a) & (b). 1 The Act’s civil penalty provision authorizes fines of up to $1,000 per violation.”
Fleetwood Enter., Inc. v. United States Dep't of Hous. & Urban Dev., 818 F.2d 1188 (5th Cir. 1987). “407 (c)(1) and civil penalties pursuant to 42 U.S.C. § 5410 (a). The notice also stated that Fleetwood could request a formal, adversary administrative hearing before an Administrative Law Judge (“ALJ”) pursuant to 24 C.”
Gatlin v. Countryside Indus., Inc., 564 F. Supp. 1490 (N.D. Tex. 1983). “42 U.S.C.A. §§ 5410 , 5413. Mobile home manufacturers are required to furnish dealers with a certification of conformity with federal standards.”
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