§ 5409. Prohibited acts; exemptions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1974

   Housing and Community Development Act of 1974

   Pub. L. 93–383 title VI § 610 · 88 Stat. 634

   Enacted · 42 U.S.C. § 5409

   Pub. L. 93–383, title VI, § 610, Aug. 22, 1974, 88 Stat. 704

   Source evidence

   Code source credit
   Pub. L. 93–383, title VI, § 610, Aug. 22, 1974, 88 Stat. 704

   Enacted provision · exact public law section
   Sec. 610. prohibited acts (a) No person shall— 42 USC 5409. (1) make use of any means of transportation or communication affecting interstate or foreign commerce or the mails to manufacture for sale, lease, sell, offer for sale or lease, or introduce or deliver, or import into the United States, any mobile home which is manufactured on or after the effective date of any applicable Federal mobile home construction and safety standard under this title and which does not comply with such standard, except as provided in subsection (b), where such manufacture, lease, sale, offer for sale or lease, introduction, delivery, or importation affects commerce; (2) fail or refuse to permit access to or copying of records, or fail to make reports or provide information, or fail or refuse to permit entry or inspection, as required under section 614; (3) fail to furnish notification of any defect as required by section 615; (4) fail to issue a certification required by section 616, or issue a certification to the effect that a mobile home conforms to all applicable Federal mobile home construction and safety standards, if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect; or (5) fail to comply with a final order issued by the Secretary under this title. (b) (1) Paragraph (1) of subsection (a) shall not apply to the sale, the offer for sale, or the introduction or delivery for introduction in interstate commerce of any mobile home after the first purchase of it in good faith for purposes other than resale. (2) For purposes of section 611, paragraph (1) of subsection (a) shall not apply to any person who establishes that he did not have reason to know in the exercise of due care that such mobile home is not in conformity with applicable Federal mobile home construction and safety standards, or to any person who, prior to such first purchase, holds a certificate issued by the manufacturer or importer of such mobile home to the effect that such mobile home conforms to all applicable Federal mobile home construction and safety standards, unless such person knows that such mobile home does not so conform. (3) A mobile home offered for importation in violation of paragraph Importation, regulations. (1) of subsection (a) shall be refused admission into the United States under joint regulations issued by the Secretary of the Treasury and the Secretary, except that the Secretary of the Treasury and the Secretary may, by such regulations, provide for authorizing the importation of such mobile home into the United States upon such terms and conditions (including the furnishing of a bond) as may appear to them appropriate to insure that any such mobile home will be brought into conformity with any applicable Federal mobile home construction or safety standard prescribed under this title, or will be exported from, or forfeited to, the United States. (4) The Secretary of the Treasury and the Secretary may, by joint regulations, permit the importation of any mobile home after the first purchase of it in good faith for purposes other than resale. (5) Paragraph (1) of subsection (a) shall not apply in the case of a mobile home intended solely for export, and so labeled or tagged on the mobile home itself and on the outside of the container, if any, in which it is to be exported. (c) Compliance with any Federal mobile home construction or safety standard issued under this title does not exempt any person from any liability under common law.

2. 1977

   Housing and Community Development Act of 1977

   Pub. L. 95–128 title IX § 902(b) · 91 Stat. 1111

   Added · 42 U.S.C. § 5409(a)(6)

   Pub. L. 95–128 added par. (6)

   Source evidence

   Code amendment note
   Subsec. (a)(6). Pub. L. 95–128 added par. (6).

   Enacted provision · exact public law section
   (b) Section 610(a) of such Act is amended— 42 USC 5409. (1) by striking out “or” at the end of paragraph (4); (2) by striking out the period at the end of paragraph (5) and inserting in lieu thereof “; or”; and (3) by adding at the end thereof the following new paragraph: “(6) issue a certification pursuant to subsection (h) of section 604, if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect.”.

3. 1980

   Housing and Community Development Act of 1980

   Pub. L. 96–399 title III § 308(c)(4) · 94 Stat. 1614

   Substituted · 42 U.S.C. § 5409(a)(1)(4)(b)(1)(5)(c)

   Pub. L. 96–399 substituted “manufactured home” for “mobile home” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a)(1), (4), (b)(1) to (5), (c). Pub. L. 96–399 substituted “manufactured home” for “mobile home” wherever appearing.

   Enacted provision · exact public law section
   (4) Title VI of the Housing and Community Development Act of 1974 is amended by striking out “Mobile Home” each place it 42 USC 5401. appears, other than in section 601, and inserting in lieu thereof “Manufactured Home” and by striking out “mobile home” each place it appears and inserting in lieu thereof “manufactured home”.

4. 2000

   American Homeownership and Economic Opportunity Act of 2000

   Pub. L. 106–569 title VI § 608 · 114 Stat. 2944

   Added · 42 U.S.C. § 5409(a)(7)

   Pub. L. 106–569 added par. (7)

   Source evidence

   Code amendment note
   Subsec. (a)(7). Pub. L. 106–569 added par. (7).

   Enacted provision · exact public law section
   SEC. 608. PROHIBITED ACTS. Section 610(a) (42 U.S.C. 5409(a)) is amended— (1) in paragraph (5), by striking “or” at the end; (2) in paragraph (6), by striking the period at the end and inserting or”; and (3) by adding at the end the following new paragraph: “(7) after the expiration of the period specified in section 605(c)(2)(B), fail to comply with the requirements for the installation program required by section 605 in any State that has not adopted and implemented a State installation program.”.

   Effective date note
   Amendment by Pub. L. 106–569 effective Dec. 27, 2000, except that amendment has no effect on any order or interpretative bulletin issued under this chapter and published as a proposed rule pursuant to 5 U.S.C. 553 on or before Dec. 27, 2000, see section 612 of Pub. L. 106–569, set out as a note under section 5401 of this title.

4 of 4 references resolved to an enrolled provision