§ 5412. Noncompliance with standards or defective nature of manufactured home; administrative or judicial determination; repurchase by manufacturer or repair by distributor or retailer; reimbursement of expenses, etc., by manufacturer; injunctive relief against manufacturer for failure to comply; jurisdiction and venue; damages; period of limitation

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 § 613 · 88 Stat. 634

   Enacted · 42 U.S.C. § 5412

   Pub. L. 93–383, title VI, § 613, Aug. 22, 1974, 88 Stat. 706

   Source evidence

   Code source credit
   Pub. L. 93–383, title VI, § 613, Aug. 22, 1974, 88 Stat. 706

   Enacted provision · exact public law section
   Sec. 613. noncompliance with standards (a) If the Secretary or a court of appropriate jurisdiction 42 USC 5412. determines that any mobile home does not conform to applicable Federal mobile home construction and safety standards, or that it contains a defect which constitutes an imminent safety hazard, after the sale of such mobile home by a manufacturer to a distributor or a dealer and prior to the sale of such mobile home by such distributor or dealer to a purchaser— (1) the manufacturer shall immediately repurchase such mobile home from such distributor or dealer at the price paid by such distributor or dealer, plus all transportation charges involved and a reasonable reimbursement of not less than 1 per centum per month of such price paid prorated from the date of receipt by certified mail of notice of such nonconformance to the date of repurchase by the manufacturer; or (2) the manufacturer, at his own expense, shall immediately Parts, replacement and reimbursement for installation. furnish the purchasing distributor or dealer the required conforming part or parts or equipment for installation by the distributor or dealer on or in such mobile home, and for the installation involved the manufacturer shall reimburse such distributor or dealer for the reasonable value of such installation plus a reasonable reimbursement of not less than 1 per centum per month of the manufacturer’s or distributor’s selling price prorated from the date of receipt by certified mail of notice of such nonconformance to the date such vehicle is brought into conformance with applicable Federal standards, so long as the distributor or dealer proceeds with reasonable diligence with the installation after the required part or equipment is received. The value of such reasonable reimbursements as specified in paragraphs (1) and (2) of this subsection shall be fixed by mutual agreement of the parties, or, failing such agreement, by the court pursuant to the provisions of subsection (b). (b) If any manufacturer fails to comply with the requirements Noncompliance, court injunction. of subsection (a), then the distributor or dealer, as the case may be, to whom such mobile home has been sold may bring an action seeking a court injunction compelling compliance with such requirements on the part of such manufacturer. Such action may be brought in any district court in the United States in the district in which such manufacturer resides, or is found, or has an agent, without regard to the amount in controversy, and the person bringing the action shall also be entitled to recover any damage sustained by him, as well as all court costs plus reasonable attorneys’ fees. Any action brought pursuant Statute of limitations. to this section shall be forever barred unless commenced within three years after the cause of action shall have accrued.

2. 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. § 5412(a); 42 U.S.C. § 5412(b)

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

   Source evidence

   Code amendment note
   Subsecs. (a), (b). 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”.

3. 2000

   American Homeownership and Economic Opportunity Act of 2000

   Pub. L. 106–569 title VI § 603(b)(1) · 114 Stat. 2944

   Substituted · 42 U.S.C. § 5412(a); 42 U.S.C. § 5412(b)

   Pub. L. 106–569 substituted “retailer” for “dealer” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 106–569 substituted “retailer” for “dealer” wherever appearing.

   Enacted provision · exact public law section
   (1) in section 613 (42 U.S.C. 5412), by striking “dealer” each place it appears and inserting “retailer”;

   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.

3 of 3 references resolved to an enrolled provision