[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 [www.gpo.gov]
[FR Doc No: 2023-03142]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory 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.

-----------------------------------------------------------------------

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 https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.

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\
---------------------------------------------------------------------------

    \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. 
https://www.whitehouse.gov/wp-content/uploads/2022/12/M-23-05-CMP-CMP-Guidance.pdf). (October 2022 CPI-U (298.012)/October 2021 CPI-U 
(276.589) = 1.07745.)
    \2\ 28 U.S.C. 2461 note.
---------------------------------------------------------------------------

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.

----------------------------------------------------------------------------------------------------------------
                                                          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.
----------------------------------------------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \3\ 2 U.S.C. 1532.
    \4\ 2 U.S.C. 1535.
---------------------------------------------------------------------------

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