The Director may impose a civil money penalty, in accordance with the provisions of this section, on any enterprise that has failed to—
(1)submit a report under section
4547 of this title, following a notice of such failure, an opportunity for comment by the enterprise, and a final determination by the Director;
(2)submit the information required under subsection (m) or (n) ofsection
1723a of this title or subsection (e) or (f) ofsection
1456 of this title;
(3)solely with respect to the housing goals established under sections
4563(a)(1) of this title, submit a housing plan or perform its responsibilities under a remedial order issued pursuant to section
4566(c) of this title within the required period; or
(4)solely with respect to the housing goals established under sections
4563(a)(1) of this title, comply with a housing plan for the enterprise under section
4566(c) of this title.
(b) Amount of penalty
The amount of a penalty under this section, as determined by the Director, may not exceed—
(1)for any failure described in paragraph (1), (5), or (6) of subsection (a), $100,000 for each day that the failure occurs; and
(2)for any failure described in paragraph (2), (3), or (4) of subsection (a), $50,000 for each day that the failure occurs.
The Director shall establish standards and procedures governing the imposition of civil money penalties under this section. Such standards and procedures—
(A)shall provide for the Director to notify the enterprise in writing of the determination of the Director to impose the penalty, which shall be made on the record;
(B)shall provide for the imposition of a penalty only after the enterprise has been given an opportunity for a hearing on the record pursuant to section
4582 of this title; and
(C)may provide for review by the Director of any determination or order, or interlocutory ruling, arising from a hearing.
(2) Factors in determining amount of penalty
In determining the amount of a penalty under this section, the Director shall give consideration to factors including—
(A)the gravity of the offense;
(B)any history of prior offenses;
(C)ability to pay the penalty;
(D)injury to the public;
(F)deterrence of future violations;
(G)the length of time that the enterprise should reasonably take to achieve the goal; and
(H)such other factors as the Director may determine, by regulation, to be appropriate.
(d) Action to collect penalty
If an enterprise fails to comply with an order by the Director imposing a civil money penalty under this section, after the order is no longer subject to review, as provided in sections
4583 of this title, the Director may bring an action in the United States District Court for the District of Columbia to obtain a monetary judgment against the enterprise, and such other relief as may be available. The monetary judgment may, in the court’s discretion, include the attorneys’ fees and other expenses incurred by the United States in connection with the action. In an action under this subsection, the validity and appropriateness of the order imposing the penalty shall not be subject to review.
(e) Settlement by Director
The Director may compromise, modify, or remit any civil money penalty which may be, or has been, imposed under this section.
(f) Deposit of penalties
The Director shall use any civil money penalties collected under this section to help fund the Housing Trust Fund established under section
4568 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.