[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24521-24525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11056]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 28, 30, 87, 180, and 3282
[Docket No. FR-5942-F-02]
RIN 2501-AD79
Inflation Catch-Up Adjustment of Civil Monetary Penalty Amounts
Final Rule and Adjustment of Civil Monetary Penalty Amounts for 2017
AGENCY: Office of the General Counsel, HUD.
ACTION: Final rule.
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SUMMARY: This rule makes final the interim final rule, published on
June 15, 2016, to amend HUD's civil monetary penalty (CMP) regulations.
The interim final rule applied a new methodology to calculate civil
money penalties as mandated by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015, starting with a ``catch up''
adjustment to correct previous inaccuracies; removed three obsolete
civil monetary penalty provisions; and made a technical change to the
existing codified regulation implementing the Program Fraud Civil
Remedies Act. The changes from the interim final rule made final by
this final rule continue to be effective as of August 16, 2016.
In addition, this rule provides for 2017 inflation adjustments of
civil monetary penalty amounts required by the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015, and makes three
technical amendments and a conforming statutory change.
DATES: Effective date: June 29, 2017.
Applicability date: The applicability date for catch-up adjustment
was August 16, 2016.
FOR FURTHER INFORMATION CONTACT: Dane Narode, Associate General
Counsel, Office of Program Enforcement, Department of Housing and Urban
Development, 1250 Maryland Avenue SW., Suite 200, Washington, DC 20024;
telephone number 202-245-4141 (this is not a toll-free number).
Hearing- or speech-impaired individuals may access this number via TTY
by calling the Federal Information Relay Service, toll-free, at 800-
877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
A. The June 15, 2016, Interim Rule
The Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015 (2015 Act) (Pub. L. 114-74) amended the Federal Civil
Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note)
requiring all Federal agencies to issue an interim final rule
implementing changes to their civil money penalties. On June 15, 2016,
pursuant to the requirements of the 2015 Act, HUD published an interim
final rule for public comment, entitled ``Inflation Catch-Up Adjustment
of Civil Monetary Penalty Amounts'' (81 FR 38931). The 2015 Act
required agencies to make an initial catch-up adjustment by interim
final rule, using a new methodology designed to correct inaccuracies in
the previous method of computing inflation adjustments. In order to
address these inaccuracies, the 2015 Act excluded adjustments made
under the law prior to its amendment, and it provided that the initial
catch-up adjustment was the percentage by which
[[Page 24522]]
the Consumer Price Index (CPI) for the month of October 2015 exceeded
that of the month of October of the calendar year during which the
amount of the CMP was originally established or otherwise adjusted
under a provision of law other than the Federal Civil Money Penalties
Inflation Adjustment Act of 1990. Increases in the initial catch-up
adjustment were capped at 150 percent of the amount of the CMP in
effect as of the date of enactment of the 2015 Act.
The interim final rule established the new adjusted penalty amount
for each provision under which HUD is authorized to assess a CMP (81 FR
38935-38936); removed the obsolete CMP provisions that were codified at
24 CFR 30.30, 30.55, and 30.69 (81 FR 38935); and made a correction to
24 CFR 28.10 to include liability for causing a false claim or
statement to be made, in addition to liability for making a false claim
or statement (81 FR 38935).
The public comment period for the interim final rule closed on
August 15, 2016. The interim final rule became effective on August 16,
2016. The August 16, 2016, effective date for the amendments made by
the interim final rule is unchanged. HUD received one comment in
response to the interim final rule, but it was not actually relevant to
any issue in the interim final rule.\1\
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\1\ The comment is available for public inspection at: https://www.regulations.gov/docket?D=HUD-2016-0062.
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B. This 2017 Inflation Adjustment
After the catch-up adjustment, the 2015 Act requires agencies to
make subsequent annual adjustments for inflation ``notwithstanding
section 553 of title 5, United States Code.'' Section 553 refers to the
Administrative Procedure Act, which might otherwise require a delay for
advance notice and opportunity for public comment on future annual
inflation adjustments. The first of these subsequent adjustments is for
2017.
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 2017 is 1.01636.\2\ Pursuant to the 2015 Act,
adjustments are rounded to the nearest dollar.\3\
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\2\ Office of Management and Budget, M-17-11, Memorandum for the
Heads of Executive Departments and Agencies, Implementation of the
2017 annual adjustment pursuant to the Federal Civil Penalties
Inflation Adjustment Act. (https://obamawhitehouse.archives.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf). (October 2016
CPI-U (241.729) - October 2015 CPI-U (237.838) = 1.01636.)
\3\ 28 U.S.C. 2461 note.
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II. This Final Rule
This rule makes final the June 15, 2016, interim rule. In addition,
this rule makes the required 2017 inflation adjustment. Since HUD is
not applying these adjustments retroactively, the 2016 increases being
finalized apply to violations occurring prior to the effective date of
this final rule (and on and after the effective date of the 2016
interim rule) and the 2017 increases apply to violations occurring on
or after this rule's effective date.
Along with the 2017 inflation adjustment in this final rule, HUD
also makes conforming and technical amendments to Sec. Sec. 30.5,
30.10, 30.35, 30.36, and 30.80. Specifically, references to the former
mortgage assignment procedures (in Sec. 30.35), Urban Homesteading
program (in Sec. Sec. 30.5 and 30.80), and the Loan Correspondent
program (in Sec. 30.36) are removed, as those programs have been ended
and are no longer active. In addition, the Helping Families Save Their
Homes Act of 2009 (Pub. L. 111-22) amended the HUD Reform Act of 1989
(12 U.S.C. 1735f-14(a)(2)) definition for ``knowing or knowingly'' as
it applies to civil money penalties against mortgagees, lenders, and
other participants in FHA programs. This rule amends the definition for
``knowing or knowingly'' in Sec. 30.10 to include the 2009 statutory
definition.
For each component, HUD provides a table showing how the penalties
are being adjusted for 2017 pursuant to the 2015 Act. In the first
column, 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
interim rule implementing the ``catch-up'' adjustment (81 FR 38931,
June 15, 2016). In the fifth column, (``2017 Adjusted Amount'') HUD
lists the penalty after applying the 2017 inflation adjustment.
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Regulatory
Description Statutory citation citation (24 Previous amount 2017 Adjusted
CFR) amount
----------------------------------------------------------------------------------------------------------------
False Claims & Statements........ Omnibus Budget Sec. 28.10 $10,781............ $10,957
Reconciliation Act
of 1986 (31 U.S.C.
3802(a)(1)).
Advance Disclosure of Funding.... Department of Sec. 30.20 $18,936............ $19,246
Housing and Urban
Development Act
(42 U.S.C.
3537a(c)).
Disclosure of Subsidy Layering... Department of Sec. 30.25 $18,936............ $19,246
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. $9,468 Per Year: $9,623 Per Year:
1735f-14(a)(2)). $1,893,610. $1,924,589
Other FHA Participants Violations HUD Reform Act of Sec. 30.36 Per Violation: Per Violation:
1989 (12 U.S.C. $9,468 Per Year: $9,623 Per Year:
1735f-14(a)(2)). $1,893,610. $1,924,589
Indian Loan Mortgagees Violations Housing Community Sec. 30.40 Per Violation: Per Violation:
Development Act of $9,468 Per Year: $9,623 Per Year:
1992 (12 U.S.C. $1,893,610. $1,924,589
1715z-13a(g)(2)).
Multifamily & Section 202 or 811 HUD Reform Act of Sec. 30.45 $47,340............ $48,114
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. $9,468 Per Year: $9,623 Per Year:
1723i(b)). $1,893,610. $1,924,589
Title I Broker & Dealers HUD Reform Act of Sec. 30.60 Per Violation: Per Violation:
Violations. 1989 (12 U.S.C. $9,468 Per Year: $9,623 Per Year:
1703). $1,893,610. $1,924,589
[[Page 24523]]
Lead Disclosure Violation........ Title X-- Sec. 30.65 $16,773............ $17,047
Residential Lead-
Based Paint Hazard
Reduction Act of
1992 (42 U.S.C.
4852d(b)(1)).
Section 8 Owners Violations...... Multifamily Sec. 30.68 $36,794............ $37,396
Assisted Housing
Reform and
Affordability Act
of 1997 (42 U.S.C.
1437z-1(b)(2)).
Lobbying Violation............... The Lobbying Sec. 87.400 Min: $18,936 Max: Min: $19,246 Max:
Disclosure Act of $189,361. $192,459
1995 (31 U.S.C.
1352).
Fair Housing Act Civil Penalties. Fair Housing Sec. No Priors: $19,787 No Priors: $20,111
Amendments Act of 180.671(a) One Prior: $49,467 One Prior: $50,276
1988 (42 U.S.C. Two or More Two or More
3612(g)(3)). Priors: $98,935. Priors: $100,554
Manufactured Housing Regulations Housing Community Sec. 3282.10 Per Violation: Per Violation:
Violation. Development Act of $2,750 Per Year: $2,795 Per Year:
1974 (42 U.S.C. $3,437,500. $3,493,738
5410).
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III. Justification for Final Rulemaking for the 2017 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 adopts without change the amendments offered for public
comment in the June 15, 2106, interim final rule. In addition, this
rule makes the required 2017 inflation adjustment, which HUD does not
have discretion to change. Moreover, the 2015 Act specifies that a
delay in the effective date under the Administrative Procedure Act is
not required for subsequent annual adjustments under the 2015 Act. HUD
has determined, therefore, that it is unnecessary to delay the
effectiveness of the 2017 inflation adjustments to solicit prior public
comments.
As discussed in the preamble to the June 15, 2016, interim final
rule, 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. HUD met this separate 60-day delay
requirement for implementing civil money penalties when HUD implemented
the new 2015 Act penalty calculation in its June 16, 2016, interim
final rule.
Moreover, and as noted above, the 2017 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 2017 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 and, in any event,
HUD would not have the discretion to make changes as a result of any
comments.
IV. Findings and Certifications
Regulatory Review--Executive Orders 12866 and 13563
Under Executive Order 12866 (Regulatory Planning and Review), 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)
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.
As a result of this review, OMB 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) \4\
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 identity and consider a reasonable number of
regulatory alternatives before promulgating a rule.\5\ 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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\4\ 2 U.S.C. 1532.
\5\ 2 U.S.C. 1534.
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Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits an agency
from publishing any rule that has federalism implications if the rule
either imposes
[[Page 24524]]
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 interim 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, Grant programs, Loan programs, Lobbying,
Penalties, 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, Manufactured homes, Reporting and
recordkeeping requirements.
Accordingly, for the reasons described in the preamble, HUD adopts
as final the interim final rule published on June 15, 2016, at 81 FR
38931, and further 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 the introductory text of paragraphs (a)(1)
and (b)(1), to read as follows:
Sec. 28.10 Basis for civil penalties and assessments.
(a) * * *
(1) A civil penalty of not more than $10,957 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 $10,957 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).
Sec. 30.5 [Amended]
0
4. In Sec. 30.5, remove paragraph (c) and redesignate paragraphs (d),
(e), and (f) as paragraphs (c), (d), and (e), respectively.
Sec. 30.10 [Amended]
0
5. In Sec. 30.10, add at the end of the definition of ``Knowing or
Knowingly'' the sentence ``For purposes of Sec. Sec. 30.35 and 30.36,
knowing or knowingly is defined at 12 U.S.C. 1735f-14(g).''
0
6. 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 $19,246 for each
violation.
0
7. 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 $19,246 for each
violation.
0
8. In Sec. 30.35, remove the words ``Sec. Sec. 203.650 through
203.664'' in paragraph (a)(7) and add in their place ``Sec. 203.664'';
and revise the first sentence in paragraph (c)(1) to read as follows:
Sec. 30.35 Mortgagees and lenders.
* * * * *
(c)(1) Amount of penalty. The maximum penalty is $9,623 for each
violation, up to a limit of $1,924,589 for all violations committed
during any one-year period. * * *
* * * * *
0
9. In Sec. 30.36, remove the words ``or correspondent'' in paragraph
(b)(3) and revise the first sentence in paragraph (c) to read as
follows:
Sec. 30.36 Other participants in FHA programs.
* * * * *
(c) Amount of penalty. The maximum penalty is $9,623 for each
violation, up to a limit of $1,924,589 for all violations committed
during any one-year period. * * *
0
10. In Sec. 30.40, revise the first sentence in paragraph (c) to read
as follows:
Sec. 30.40 Loan guarantees for Indian housing.
* * * * *
(c) Amount of penalty. The maximum penalty is $9,623 for each
violation, up to a limit of $1,924,589 for all violations committed
during any one-year period. * * *
0
11. 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 $48,114.
* * * * *
0
12. In Sec. 30.50, revise the first sentence in paragraph (c) to read
as follows:
Sec. 30.50 GNMA issuers and custodians.
* * * * *
(c) Amount of penalty. The maximum penalty is $9,623 for each
violation, up to a limit of $1,924,589 during any one-year period. * *
*
0
13. 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 $9,623 for each
violation, up to a limit for any particular person of $1,924,589 during
any one-year period.
0
14. In Sec. 30.65, revise paragraph (b) to read as follows:
[[Page 24525]]
Sec. 30.65 Failure to disclose lead-based paint hazards.
* * * * *
(b) Amount of penalty. The maximum penalty is $17,047 for each
violation.
0
15. 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 $37,396.
* * * * *
Sec. 30.80 [Amended]
0
16. In Sec. 30.80, add the word ``and'' after paragraph (h); remove
paragraph (i); and redesignate paragraphs (j), (k), and (l) as
paragraphs (i), (j), and (k), respectively.
PART 87--NEW RESTRICTIONS ON LOBBYING
0
17. 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
18. 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 $19,246 and not more than
$192,459 for each such expenditure.
(b) Any person who fails to file or amend the disclosure form (see
appendix B) to be filed or amended if required herein, shall be subject
to a civil penalty of not less than $19,246 and not more than $192,459
for each such failure.
* * * * *
(e) First offenders under paragraphs (a) or (b) of this section
shall be subject to a civil penalty of $19,246, absent aggravating
circumstances. Second and subsequent offenses by persons shall be
subject to an appropriate civil penalty between $19,246 and $192,459,
as determined by the agency head or his or her designee.
* * * * *
PART 180--CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS
MATTERS
0
19. 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
20. In Sec. 180.671, revise paragraphs (a)(1), (2), and (3) to read as
follows:
Sec. 180.671 Assessing civil penalties for Fair Housing Act cases.
(a) * * *
(1) $20,111, 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) $50,276, 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) $100,554, 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
21. The authority citation for part 3282 continues to read as follows:
Authority: 28 U.S.C. 1 note; 28 U.S.C. 2461 note; 42 U.S.C.
3535(d) and 5424.
0
22. 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 $2,795 for each violation, up to
a maximum of $3,493,738 for any related series of violations occurring
within one year from the date of the first violation.
Dated: May 22, 2017.
Bethany A. Zorc,
Principal Deputy General Counsel.
[FR Doc. 2017-11056 Filed 5-26-17; 8:45 am]
BILLING CODE 4210-67-P