[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR30.80]



[Page 314]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 30_CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT--Table of 

Contents

 

                          Subpart C_Procedures

 

Sec.  30.80  Factors in determining appropriateness and amount of civil 

money penalty.



    In determining whether to seek a penalty, and the amount of such 

penalty, the officials designated in subpart B of this part shall 

consider the following factors:

    (a) The gravity of the offense;

    (b) Any history of prior offenses. For violations under Sec. Sec.  

30.25, 30.35, 30.45, 30.50, 30.55, and 30.60, offenses that occurred 

prior to December 15, 1989 may be considered;

    (c) The ability to pay the penalty;

    (d) The injury to the public;

    (e) Any benefits received by the violator;

    (f) The extent of potential benefit to other persons;

    (g) Deterrence of future violations;

    (h) The degree of the violator's culpability;

    (i) With respect to Urban Homestead violations under Sec.  30.30, 

the expenditures made by the violator in connection with any gross 

profit derived; and

    (j) Such other matters as justice may require.

    (k) In addition to the above factors, with respect to violations 

under Sec. Sec.  30.45, 30.55, 30.60, and 30.68, the Assistant Secretary 

for Housing-Federal Housing Commissioner, or his or her designee, or the 

Assistant Secretary for Public and Indian Housing, or his or her 

designee, shall also consider:

    (1) Any injury to tenants; and/or

    (2) Any injury to lot owners.

    (l) HUD may consider the factors listed in paragraphs (a) through 

(k) of this section to determine the appropriateness of imposing a 

penalty under Sec.  30.35(c)(2); however, HUD cannot change the amount 

of the penalty under Sec.  30.35(c)(2).



[61 FR 50215, Sept. 24, 1996, as amended at 66 FR 63442, Dec. 6, 2001; 

70 FR 21578, Apr. 26, 2005]