Rule2023-03142
Adjustment of Civil Monetary Penalty Amounts for 2023
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 15, 2023
Effective
March 17, 2023
Issuing agencies
Housing and Urban Development Department
Abstract
This rule provides for 2023 inflation adjustments of civil monetary penalty amounts required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act). This rule also revises HUD's policy and applies annually adjusted penalty amounts to the date the penalty is assessed after the effective date of the rule (if the violation occurred after the enactment of the 2015 Act).
Full Text
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<title>Federal Register, Volume 88 Issue 31 (Wednesday, February 15, 2023)</title>
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[Federal Register Volume 88, Number 31 (Wednesday, February 15, 2023)]
[Rules and Regulations]
[Pages 9745-9749]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03142]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 88, No. 31 / Wednesday, February 15, 2023 /
Rules and Regulations
[[Page 9745]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 28, 30, 87, 180, and 3282
[Docket No. FR-6375-F-01]
Adjustment of Civil Monetary Penalty Amounts for 2023
AGENCY: Office of the General Counsel, HUD.
ACTION: Final rule.
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SUMMARY: This rule provides for 2023 inflation adjustments of civil
monetary penalty amounts required by the Federal Civil Penalties
Inflation Adjustment Act of 1990, as amended by the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015
Act). This rule also revises HUD's policy and applies annually adjusted
penalty amounts to the date the penalty is assessed after the effective
date of the rule (if the violation occurred after the enactment of the
2015 Act).
DATES: This final rule is effective March 17, 2023.
FOR FURTHER INFORMATION CONTACT: Aaron Santa Anna, Associate General
Counsel for Legislation and Regulations, Office of the General Counsel,
Department of Housing and Urban Development, 451 7th Street SW, Room
10276, Washington, DC 20024; telephone number 202-402-5138 (this is not
a toll-free number). HUD welcomes and is prepared to receive calls from
individuals who are deaf or hard of hearing, as well as individuals
with speech or communication disabilities. To learn more about how to
make an accessible telephone call, please visit <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION:
I. Background
The Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015 (the 2015 Act) (Pub. L. 114-74, Sec. 701), which further
amended the Federal Civil Penalties Inflation Adjustment Act of 1990
(Pub. L. 101-410), requires agencies to make annual adjustments to
civil monetary penalty (CMP) amounts for inflation ``notwithstanding
section 553 of title 5, United States Code.'' Section 553 refers to the
Administrative Procedure Act, which provides for advance notice and
public comment during the rulemaking process. However, as explained in
Section III below, HUD has determined that advance notice and public
comment on this final rule is unnecessary.
This annual adjustment is for 2023. The annual adjustment is based
on the percent change between the U.S. Department of Labor's Consumer
Price Index for All Urban Consumers (``CPI-U'') for the month of
October preceding the date of the adjustment, and the CPI-U for October
of the prior year (28 U.S.C. 2461 note, section (5)(b)(1)). Based on
that formula, the cost-of-living adjustment multiplier for 2023 is
1.07745.\1\ Pursuant to the 2015 Act, adjustments are rounded to the
nearest dollar.\2\
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\1\ Office of Management and Budget, M-23-05-, Memorandum for
the Heads of Executive Departments and Agencies, Implementation of
Penalty Inflation Adjustments for 2023, Pursuant to the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
<a href="https://www.whitehouse.gov/wp-content/uploads/2022/12/M-23-05-CMP-CMP-Guidance.pdf">https://www.whitehouse.gov/wp-content/uploads/2022/12/M-23-05-CMP-CMP-Guidance.pdf</a>). (October 2022 CPI-U (298.012)/October 2021 CPI-U
(276.589) = 1.07745.)
\2\ 28 U.S.C. 2461 note.
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II. This Final Rule
A. Required 2023 Inflation Adjustments
This final rule makes the required 2023 inflation adjustment of
HUD's civil money penalty amounts. The 2023 increases apply to
penalties assessed on or after this rule's effective date. HUD provides
a table showing how, for each component, the penalties are being
adjusted for 2023 pursuant to the 2015 Act. In the first column
(``Description''), HUD provides a description of the penalty. In the
second column (``Statutory Citation''), HUD provides the United States
Code statutory citation providing for the penalty. In the third column
(``Regulatory Citation''), HUD provides the Code of Federal Regulations
citation under Title 24 for the penalty. In the fourth column
(``Previous Amount''), HUD provides the amount of the penalty pursuant
to the rule implementing the 2022 adjustment (87 FR 24418, April 26,
2022). In the fifth column (``2023 Adjusted Amount''), HUD lists the
penalty after applying the 2023 inflation adjustment.
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Regulatory 2023 Adjusted
Description Statutory citation citation (24 CFR) Previous amount amount
----------------------------------------------------------------------------------------------------------------
False Claims.................... Omnibus Budget Sec. 28.10(a)... $12,537........... $13,508.
Reconciliation
Act of 1986 (31
U.S.C.
3802(a)(1)).
False Statements................ Omnibus Budget Sec. 28.10(b)... $12,537........... $13,508.
Reconciliation
Act of 1986 (31
U.S.C.
3802(a)(2)).
Advance Disclosure of Funding... Department of Sec. 30.20...... $22,021........... $23,727.
Housing and Urban
Development Act
(42 U.S.C.
3537a(c)).
Disclosure of Subsidy Layering.. Department of Sec. 30.25...... $22,021........... $23,727.
Housing and Urban
Development Act
(42 U.S.C.
3545(f)).
FHA Mortgagees and Lenders HUD Reform Act of Sec. 30.35...... Per Violation: Per Violation:
Violations. 1989 (12 U.S.C. $11,011. $11,864.
1735f-14(a)(2)). Per Year: Per Year:
$2,202,123. $2,372,677.
Other FHA Participants HUD Reform Act of Sec. 30.36...... Per Violation: Per Violation:
Violations. 1989 (12 U.S.C. $11,011. $11,864.
1735f-14(a)(2)). Per Year: Per Year:
$2,202,123. $2,372,677.
[[Page 9746]]
Indian Home Loan Guarantee Housing Community Sec. 30.40...... Per Violation: Per Violation:
Lender or Holder Violations. Development Act $11,011. $11,864.
of 1992 (12 Per Year: Per Year:
U.S.C. 1715z- $2,202,123. $2,372,677.
13a(g)(2)).
Multifamily & Section 202 or 811 HUD Reform Act of Sec. 30.45...... $55,052........... $59,316.
Owners Violations. 1989 (12 U.S.C.
1735f-15(c)(2)).
Ginnie Mae Issuers & Custodians HUD Reform Act of Sec. 30.50...... Per Violation: Per Violation:
Violations. 1989 (12 U.S.C. $11,011. $11,864.
1723i(a)). Per Year: Per Year:
$2,202,123. $2,372,677.
Title I Broker & Dealers HUD Reform Act of Sec. 30.60...... Per Violation: Per Violation:
Violations. 1989 (12 U.S.C. $11,011. $11,864.
1703). Per Year: Per Year:
$2,202,123. $2,372,677.
Lead Disclosure Violation....... Title X-- Sec. 30.65...... $19,507........... $21,018.
Residential Lead-
Based Paint
Hazard Reduction
Act of 1992 (42
U.S.C.
4852d(b)(1)).
Section 8 Owners Violations..... Multifamily Sec. 30.68...... $42,788........... $46,102.
Assisted Housing
Reform and
Affordability Act
of 1997 (42
U.S.C. 1437z-
1(b)(2)).
Lobbying Violation.............. The Lobbying Sec. 87.400..... Min: $22,021...... Min: $23,727.
Disclosure Act of Max: $220,213..... Max: $237,268.
1995 (31 U.S.C.
1352).
Fair Housing Act Civil Penalties Fair Housing Act Sec. 180.671(a). No Priors: $23,011 No Priors:
(42 U.S.C. One Prior: $57,527 $24,793.
3612(g)(3)). Two or More One Prior:
Priors: $115,054. $61,982.
Two or More
Priors: $123,965.
Manufactured Housing Regulations Housing Community Sec. 3282.10.... Per Violation: Per Violation:
Violation. Development Act $3,198. $3,446.
of 1974 (42 Per Year: Per Year:
U.S.C. 5410). $3,997,550. $4,307,160.
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B. HUD's Policy Change: Applying Adjusted Penalties to Violations
Assessed After the Effective Date of the Rule
This final rule also revises HUD's policy to apply annually
adjusted penalties to violations assessed after the effective date of
each annual adjustment (if the violation occurred after the enactment
of the 2015 Act). Since the enactment of the 2015 Act, HUD has not
applied the adjustments retroactively and provided that the inflation-
adjusted penalty amounts applied to violations occurring on or after
the rule's effective date. On September 21, 2022, HUD published a
notice entitled, ``Adjustment of Civil Monetary Penalty Amounts:
Request for Comments'' (87 FR 57655) which announced that HUD was
considering revising its policy regarding how it implements the annual
inflation-adjusted civil money penalties. Specifically, HUD stated that
it was considering applying the adjusted penalties to the date that the
penalty was assessed rather than to the date the violation occurred.
HUD explained its consideration to revise the regulation came after
revisiting Section 6 of the 2015 Act, the Office of Management and
Budget guidance (M-22-07), and a review of the penalty adjustments
published by other Federal agencies. Through this notice of request for
information, HUD sought public input on the impact of applying
increased penalty amounts on the date the penalty is assessed rather
than the date of the violation.
In response to HUD's request for comment, HUD received one comment
signed by 25 fair housing organizations. The comment supported HUD's
proposal to apply increased penalty amounts to the date the penalty is
assessed. The comment stated that the policy change would bring HUD in
line with other Federal agencies which tie penalties to the date of
assessment rather than the date of violation. The comment asserted that
revising HUD's policy regarding when it imposes adjusted penalty
amounts would help deter violations of the Fair Housing Act.
Additionally, the organizations pointed out that a lengthy period of
time may pass between when a violation occurs and when damages and
civil penalties are awarded. The comment explained that the time
between these events could be substantial since after a violation it
may take time for a complaint to be filed, and then an investigation is
conducted, a determination is issued, and a hearing is scheduled and
held before civil penalties are awarded. The organizations also stated
that when penalties are assessed as of the date of the violation, it
defeats Congressional purpose: there is less of a deterrent effect
because the amount is ``outdated'' and does not keep up with the cost
of living.
The comment letter also stated that assessing appropriate civil
penalties in fair housing cases should not be underestimated, as it
emphasizes the importance of complying with fair housing laws. Lastly,
``to deter egregious behavior, to respond to the nature of the
violation, and to protect the public interest in assuring that
discriminatory conduct is not repeated,'' the fair housing
organizations believe it is important for HUD to institute a process
that will permit the maximum inflation adjustments of civil penalty
amounts when the penalty is determined justified and assessed.
In considering the public comment and HUD's consideration and
experience in implementing inflation-adjusted penalty amounts, HUD is
announcing that it will apply the inflation-adjusted penalty amounts on
the date the penalty is assessed rather than the date the violation
occurred. HUD is making this change after revisiting Section 6 of the
2015 Act which provides that an ``increase under this Act in a civil
monetary penalty shall apply only to civil monetary penalties,
including those whose associated violation predated such increase,
which are assessed after the date the increase takes effect.'' (28
U.S.C. 2461 note.) OMB guidance (M-22-07 and M-23-05), which provides
the annual inflation multiplier also provides that the adjusted penalty
applies to ``penalties assessed after the effective date of the
applicable adjustment.'' Lastly, a review of the penalty adjustments
published by other Federal agencies suggests that they apply the
inflation-adjusted penalty amounts to penalties assessed after the date
of the increase as long as the violation occurred after the enactment
of the 2015 Act.
[[Page 9747]]
III. Justification for Final Rulemaking for the 2023 Adjustments
HUD generally publishes regulations for public comment before
issuing a rule for effect, in accordance with its own regulations on
rulemaking in 24 CFR part 10. However, part 10 provides for exceptions
to the general rule if the agency finds good cause to omit advanced
notice and public participation. The good cause requirement is
satisfied when prior public procedure is ``impractical, unnecessary, or
contrary to the public interest'' (see 24 CFR 10.1). As discussed, this
final rule makes the required 2023 inflation adjustment, which HUD does
not have discretion to change, and a change to HUD's policy to apply
increased penalty amounts to the date the violation is assessed, which
HUD issued a request for public comment for on September 21, 2022.
Moreover, the 2015 Act specifies that a delay in the effective date
under the Administrative Procedure Act is not required for annual
adjustments under the 2015 Act. HUD has determined, therefore, that it
is unnecessary to delay the effectiveness of the 2023 inflation
adjustments to solicit public comments.
Section 7(o) of the Department of Housing and Urban Development Act
(42 U.S.C. 3535(o)) requires that any HUD regulation implementing any
provision of the Department of Housing and Urban Development Reform Act
of 1989 that authorizes the imposition of a civil money penalty may not
become effective until after the expiration of a public comment period
of not less than 60 days. This rule does not authorize the imposition
of a civil money penalty--rather, it makes a standard inflation
adjustment to penalties that were previously authorized. As noted
above, the 2023 inflation adjustments are made in accordance with a
statutorily prescribed formula that does not provide for agency
discretion.
Accordingly, a delay in the effectiveness of the 2023 inflation
adjustments in order to provide the public with an opportunity to
comment is unnecessary because the 2015 Act exempts the adjustments
from the need for delay, the rule does not authorize the imposition of
a civil money penalty or alter the requirements in any way, and, in any
event, HUD would not have the discretion to make changes as a result of
any comments. Additionally, regarding revising HUD's policy regarding
determining implementing the inflation-adjusted penalties, HUD
published a request for public comment on applying annually adjusted
penalty amounts to violations assessed after the effective date of the
rule (if the violation occurred after the enactment of the 2015 Act).
IV. Findings and Certifications
Regulatory Review--Executive Orders 12866 and 13563
Under Executive Order 12866 (Regulatory Planning and Review) (58 FR
51735), a determination must be made whether a regulatory action is
significant and, therefore, subject to review by the Office of
Management and Budget (OMB) in accordance with the requirements of the
order. Executive Order 13563 (Improving Regulations and Regulatory
Review) (76 FR 3821) directs executive agencies to analyze regulations
that are ``outmoded, ineffective, insufficient, or excessively
burdensome, and to modify, streamline, expand, or repeal them in
accordance with what has been learned.'' Executive Order 13563 also
directs that, where relevant, feasible, and consistent with regulatory
objectives, and to the extent permitted by law, agencies are to
identify and consider regulatory approaches that reduce burdens and
maintain flexibility and freedom of choice for the public. As discussed
above in this preamble, this final rule adjusts existing civil monetary
penalties for inflation by a statutorily required amount.
HUD determined that this rule was not significant under Executive
Order 12866 and Executive Order 13563.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.)
generally requires an agency to conduct a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements, unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Because HUD has determined that good cause exists to issue this rule
without prior public comment, this rule is not subject to the
requirement to publish an initial or final regulatory flexibility
analysis under the RFA as part of such action.
Unfunded Mandates Reform
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) \3\
requires that an agency prepare a budgetary impact statement before
promulgating a rule that includes a Federal mandate that may result in
the expenditure by State, local, and tribal governments, in the
aggregate, or by the private sector, of $100 million or more in any one
year. If a budgetary impact statement is required, section 205 of UMRA
also requires an agency to identify and consider a reasonable number of
regulatory alternatives before promulgating a rule.\4\ However, the
UMRA applies only to rules for which an agency publishes a general
notice of proposed rulemaking. As discussed above, HUD has determined,
for good cause, that prior notice and public comment is not required on
this rule and, therefore, the UMRA does not apply to this final rule.
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\3\ 2 U.S.C. 1532.
\4\ 2 U.S.C. 1535.
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Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') (64 FR 43255)
prohibits an agency from publishing any rule that has federalism
implications if the rule either imposes substantial direct compliance
costs on State and local governments and is not required by statute, or
the rule preempts State law, unless the agency meets the consultation
and funding requirements of section 6 of the Executive Order. This rule
will not have federalism implications and would not impose substantial
direct compliance costs on State and local governments or preempt State
law within the meaning of the Executive order.
Environmental Review
This final rule does not direct, provide for assistance or loan and
mortgage insurance for, or otherwise govern, or regulate, real property
acquisition, disposition, leasing, rehabilitation, alteration,
demolition, or new construction, or establish, revise, or provide for
standards for construction or construction materials, manufactured
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this
final rule is categorically excluded from environmental review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321).
List of Subjects
24 CFR Part 28
Administrative practice and procedure, Claims, Fraud, Penalties.
24 CFR Part 30
Administrative practice and procedure, Grant programs--housing and
community development, Loan programs--housing and community
development, Mortgage insurance, Penalties.
24 CFR Part 87
Government contracts, Government employees, Grant programs, Loan
programs, Lobbying, Penalties,
[[Page 9748]]
Reporting and recordkeeping requirements.
24 CFR Part 180
Administrative practice and procedure, Aged, Civil rights, Fair
housing, Individuals with disabilities, Investigations, Mortgages,
Penalties, Reporting and recordkeeping requirements.
24 CFR Part 3282
Administrative practice and procedure, Consumer protection,
Intergovernmental relations, Investigations, Manufactured homes,
Reporting and recordkeeping requirements, Warranties.
Accordingly, for the reasons described in the preamble, HUD amends
24 CFR parts 28, 30, 87, 180, and 3282 as follows:
PART 28--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF
1986
0
1. The authority citation for part 28 continues to read as follows:
Authority: 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812; 42 U.S.C.
3535(d).
0
2. In Sec. 28.10, revise paragraphs (a)(1) introductory text and
(b)(1) introductory text to read as follows:
Sec. 28.10 Basis for civil penalties and assessments.
(a) * * *
(1) A civil penalty of not more than $13,508 may be imposed upon
any person who makes, presents, or submits, or causes to be made,
presented, or submitted, a claim that the person knows or has reason to
know:
* * * * *
(b) * * *
(1) A civil penalty of not more than $13,508 may be imposed upon
any person who makes, presents, or submits, or causes to be made,
presented, or submitted, a written statement that:
* * * * *
PART 30--CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT
0
3. The authority citation for part 30 continues to read as follows:
Authority: 12 U.S.C. 1701q-1, 1703, 1723i, 1735f-14, and 1735f-
15; 15 U.S.C. 1717a; 28 U.S.C. 1 note and 2461 note; 42 U.S.C.
1437z-1 and 3535(d).
0
4. In Sec. 30.20, revise paragraph (b) to read as follows:
Sec. 30.20 Ethical violations by HUD employees.
* * * * *
(b) Maximum penalty. The maximum penalty is $23,727 for each
violation.
0
5. In Sec. 30.25, revise paragraph (b) to read as follows:
Sec. 30.25 Violations by applicants for assistance.
* * * * *
(b) Maximum penalty. The maximum penalty is $23,727 for each
violation.
0
6. In Sec. 30.35, revise the first sentence in paragraph (c)(1) to
read as follows:
Sec. 30.35 Mortgagees and lenders.
* * * * *
(c)(1) * * * The maximum penalty is $11,864 for each violation, up
to a limit of $2,372,677 for all violations committed during any one-
year period. * * *
* * * * *
0
7. In Sec. 30.36, revise the first sentence in paragraph (c) to read
as follows:
Sec. 30.36 Other participants in FHA programs.
* * * * *
(c) * * * The maximum penalty is $11,864 for each violation, up to
a limit of $2,372,677 for all violations committed during any one-year
period. * * *
0
8. In Sec. 30.40, revise the first sentence in paragraph (c) to read
as follows:
Sec. 30.40 Loan guarantees for Indian housing.
* * * * *
(c) * * * The maximum penalty is $11,864 for each violation, up to
a limit of $2,372,677 for all violations committed during any one-year
period. * * *
0
9. In Sec. 30.45, revise paragraph (g) to read as follows:
Sec. 30.45 Multifamily and section 202 or 811 mortgagors.
* * * * *
(g) Maximum penalty. The maximum penalty for each violation under
paragraphs (c) and (f) of this section is $59,316.
* * * * *
0
10. In Sec. 30.50, revise the first sentence in paragraph (c) to read
as follows:
Sec. 30.50 GNMA issuers and custodians.
* * * * *
(c) * * * The maximum penalty is $11,864 for each violation, up to
a limit of $2,372,677 during any one-year period. * * *
0
11. In Sec. 30.60, revise paragraph (c) to read as follows:
Sec. 30.60 Dealers or sponsored third-party originators.
* * * * *
(c) Amount of penalty. The maximum penalty is $11,864 for each
violation, up to a limit for any particular person of $2,372,677 during
any one-year period.
0
12. In Sec. 30.65, revise paragraph (b) to read as follows:
Sec. 30.65 Failure to disclose lead-based paint hazards.
* * * * *
(b) Amount of penalty. The maximum penalty is $21,018 for each
violation.
0
13. In Sec. 30.68, revise paragraph (c) to read as follows:
Sec. 30.68 Section 8 owners.
* * * * *
(c) Maximum penalty. The maximum penalty for each violation under
this section is $46,102.
* * * * *
PART 87--NEW RESTRICTIONS ON LOBBYING
0
14. The authority citation for part 87 continues to read as follows:
Authority: 28 U.S.C. 1 note; 31 U.S.C. 1352; 42 U.S.C. 3535(d).
0
15. In Sec. 87.400, revise paragraphs (a), (b), and (e) to read as
follows:
Sec. 87.400 Penalties.
(a) Any person who makes an expenditure prohibited herein shall be
subject to a civil penalty of not less than $23,727 and not more than
$237,268 for each such expenditure.
(b) Any person who fails to file or amend the disclosure form (see
appendix B to this part) to be filed or amended if required herein,
shall be subject to a civil penalty of not less than $23,727 and not
more than $237,268 for each such failure.
* * * * *
(e) First offenders under paragraph (a) or (b) of this section
shall be subject to a civil penalty of $23,727, absent aggravating
circumstances. Second and subsequent offenses by persons shall be
subject to an appropriate civil penalty between $23,727 and $237,268 as
determined by the agency head or his or her designee.
* * * * *
PART 180--CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS
MATTERS
0
16. The authority citation for part 180 continues to read as follows:
Authority: 28 U.S.C. 1 note; 29 U.S.C. 794; 42 U.S.C. 2000d-1,
3535(d), 3601-3619, 5301-5320, and 6103.
0
17. In Sec. 180.671, revise paragraphs (a)(1) through (3) to read as
follows:
[[Page 9749]]
Sec. 180.671 Assessing civil penalties for Fair Housing Act cases.
(a) * * *
(1) $24,793, if the respondent has not been adjudged in any
administrative hearing or civil action permitted under the Fair Housing
Act or any state or local fair housing law, or in any licensing or
regulatory proceeding conducted by a Federal, State, or local
governmental agency, to have committed any prior discriminatory housing
practice.
(2) $61,982, if the respondent has been adjudged in any
administrative hearing or civil action permitted under the Fair Housing
Act, or under any state or local fair housing law, or in any licensing
or regulatory proceeding conducted by a Federal, State, or local
government agency, to have committed one other discriminatory housing
practice and the adjudication was made during the 5-year period
preceding the date of filing of the charge.
(3) $123,965, if the respondent has been adjudged in any
administrative hearings or civil actions permitted under the Fair
Housing Act, or under any state or local fair housing law, or in any
licensing or regulatory proceeding conducted by a Federal, state, or
local government agency, to have committed two or more discriminatory
housing practices and the adjudications were made during the 7-year
period preceding the date of filing of the charge.
* * * * *
PART 3282--MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS
0
18. The authority citation for part 3282 continues to read as follows:
Authority: 15 U.S.C. 2967; 42 U.S.C. 3535(d), 5403, and 5424.
0
19. Revise Sec. 3282.10 to read as follows:
Sec. 3282.10 Civil and criminal penalties.
Failure to comply with these regulations may subject the party in
question to the civil and criminal penalties provided for in section
611 of the Act, 42 U.S.C. 5410. The maximum amount of penalties imposed
under section 611 of the Act shall be $3,446 for each violation, up to
a maximum of $4,307,160 for any related series of violations occurring
within one year from the date of the first violation.
Damon Smith,
General Counsel.
[FR Doc. 2023-03142 Filed 2-14-23; 8:45 am]
BILLING CODE 4210-67-P
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