§ 5422. State enforcement

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 § 623 · 88 Stat. 634

   Enacted · 42 U.S.C. § 5422

   Pub. L. 93–383, title VI, § 623, Aug. 22, 1974, 88 Stat. 712

   Source evidence

   Code source credit
   Pub. L. 93–383, title VI, § 623, Aug. 22, 1974, 88 Stat. 712

   Enacted provision · exact public law section
   Sec. 623. state jurisdiction; state plans (a) Nothing in this title shall prevent any State agency 42 USC 5422. or court from asserting jurisdiction under State law over any mobile home construction or safety issue with respect to which no Federal mobile home construction and safety standard has been established pursuant to the provisions of section 604. (b) Any State which, at any time, desires to assume responsibility Enforcement standards plan, submittal to Secretary. for enforcement of mobile home safety and construction standards relating to any issue with respect to which a Federal standard has been established under section 604, shall submit to the Secretary a State plan for enforcement of such standards. (c) The Secretary shall approve the plan submitted by a State Approval. under subsection (b), or any modification thereof, if such plan in his judgment— (1) designates a State agency or agencies as the agency or agencies responsible for administering the plan throughout the State; (2) provides for the enforcement of mobile home safety and construction standards promulgated under section 604; (3) provides for a right of entry and inspection of all factories, warehouses, or establishments in such State in which mobile homes are manufactured and for the review of plans, in a manner which is identical to that provided in section 614; (4) provides for the imposition of the civil and criminal penalties under section 611; (5) provides for the notification and correction procedures under section 615; (6) provides for the payment of inspection fees by manufacturers in amounts adequate to cover the costs of inspections; (7) contains satisfactory assurances that the State agency or agencies have or will have the legal authority and qualified personnel necessary for the enforcement of such standards; (8) give satisfactory assurances that such State will devote adequate funds to the administration and enforcement of such standards; (9) requires manufacturers, distributors, and dealers in such State to make reports to the Secretary in the same manner and to the same extent as if the State plan were not in effect; (10) provides that the State agency or agencies will make such reports to the Secretary in such form and containing such information as the Secretary shall from time to time require; and (11) complies with such other requirements as the Secretary may by regulation prescribe for the enforcement of this title. (d) If the Secretary rejects a plan submitted under subsection (b), Notice and hearing. he shall afford the State submitting the plan due notice and opportunity for a hearing before so doing. (e) After the Secretary approves a State plan submitted under subsection (b), he may, but shall not be required to, exercise his authority under this title with respect to enforcement of mobile home construction and safety standards in the State involved. (f) The Secretary shall, on the basis of reports submitted by the Evaluation, submittal to congressional committees. designated State agency and his own inspections, make a continuing evaluation of the manner in which each State having a plan approved under this section is carrying out such plan. Such evaluation shall be made by the Secretary at least annually for each State, and the results of such evaluation and the inspection reports on which it is based shall be promptly submitted to the appropriate committees of the Congress. Whenever the Secretary finds, after affording due notice and opportunity Notice and hearing. for a hearing, that in the administration of the State plan there is a failure to comply substantially with any provision of the State plan or that the State plan has become inadequate, he shall notify the State agency or agencies of his withdrawal of approval of such plan. Upon receipt of such notice by such State agency or agencies such plan shall cease to be in effect, but the State may retain jurisdiction in any case commenced before the withdrawal of the plan in order to enforce mobile home standards under the plan whenever the issues involved do not relate to the reasons for the withdrawal of the plan.

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. § 5422(a); 42 U.S.C. § 5422(b); 42 U.S.C. § 5422(c)(2); 42 U.S.C. § 5422(e); 42 U.S.C. § 5422(f)

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

   Source evidence

   Code amendment note
   Subsecs. (a), (b), (c)(2), (e), (f). 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 § 603(b)(5) · 114 Stat. 2944

   Substituted · 42 U.S.C. § 5422(c)(9)

   Pub. L. 106–569, § 603(b)(5), substituted “retailers” for “dealers”

   Source evidence

   Code amendment note
   Subsec. (c)(9). Pub. L. 106–569, § 603(b)(5), substituted “retailers” for “dealers”.

   Enacted provision · exact public law section
   (5) in section 623(c)(9), by striking “dealers” and inserting 42 USC 5422. “retailers”.

   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. 2000

   American Homeownership and Economic Opportunity Act of 2000

   Pub. L. 106–569 § 605(b)(1) · 114 Stat. 2944

   Redesignated · 42 U.S.C. § 5422(c)(11)

   Pub. L. 106–569, § 605(b)(1), (3), added par. (11). Former par. (11) redesignated (13)

   Source evidence

   Code amendment note
   Subsec. (c)(11). Pub. L. 106–569, § 605(b)(1), (3), added par. (11). Former par. (11) redesignated (13).

   Enacted provision · exact public law section
   (1) in paragraph (10), by striking “and” at the end;

   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.

5. 2000

   American Homeownership and Economic Opportunity Act of 2000

   Pub. L. 106–569 § 610(1) · 114 Stat. 2944

   Added · 42 U.S.C. § 5422(c)(12)

   Pub. L. 106–569, § 610(1), added par. (12)

   Source evidence

   Code amendment note
   Subsec. (c)(12). Pub. L. 106–569, § 610(1), added par. (12).

   Enacted provision · exact public law section
   (1) by inserting after paragraph (11) (as added by the preceding provisions of this title) the following: “(12) with respect to any State plan submitted on or after the expiration of the 5-year period beginning on the date of the enactment of the Manufactured Housing Improvement Act of 2000, provides for a dispute resolution program for the timely resolution of disputes between manufacturers, retailers, and installers of manufactured homes regarding responsibility, and for the issuance of appropriate orders, for the correction or repair of defects in manufactured homes that are reported during the 1-year period beginning on the date of installation; and”; and

   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.

6. 2000

   American Homeownership and Economic Opportunity Act of 2000

   Pub. L. 106–569 § 605(b)(2) · 114 Stat. 2944

   Redesignated · 42 U.S.C. § 5422(c)(13)

   Pub. L. 106–569, § 605(b)(2), redesignated par. (11) as (13)

   Source evidence

   Code amendment note
   Subsec. (c)(13). Pub. L. 106–569, § 605(b)(2), redesignated par. (11) as (13).

   Enacted provision · exact public law section
   (2) by redesignating paragraph (11) as paragraph (13); and

   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.

7. 2000

   American Homeownership and Economic Opportunity Act of 2000

   Pub. L. 106–569 § 610(2) · 114 Stat. 2944

   Added · 42 U.S.C. § 5422(g)

   Pub. L. 106–569, § 610(2), added subsec. (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 106–569, § 610(2), added subsec. (g).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(g) Enforcement of Dispute Resolution Standards.— “(1) Establishment of dispute resolution program.— Not later than the expiration of the 5-year period beginning Deadline. on the date of the enactment of the Manufactured Housing Improvement Act of 2000, the Secretary shall establish a dispute resolution program that meets the requirements of subsection (c)(12) for dispute resolution in each State described in paragraph (2) of this subsection. The order establishing the dispute resolution program shall be issued after notice and opportunity for public comment in accordance with section 553 of title 5, United States Code. “(2) Implementation of dispute resolution program.— Beginning on the expiration of the 5-year period described in paragraph (1), the Secretary shall implement the dispute resolution program established under paragraph (1) in each State that has not established a dispute resolution program that meets the requirements of subsection (c)(12). “(3) Contracting out of implementation.— In carrying out paragraph (2), the Secretary may contract with an appropriate agent to implement the dispute resolution program established under paragraph (2), except that such agent shall not be a person or entity other than a government, nor an affiliate or subsidiary of such a person or entity, that has entered into a contract with the Secretary to implement any other regulatory program under this title.”.

   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.

7 of 7 references resolved to an enrolled provision