24 C.F.R. § 30.80 Factors in determining appropriateness and amount of civil money penalty.
Title 24 - Housing and Urban Development
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 §§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 §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 §§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 §30.35(c)(2); however, HUD cannot change the amount of the penalty under §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]
Title 24: Housing and Urban Development
PART 30—CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT
Subpart C—Procedures
§ 30.80 Factors in determining appropriateness and amount of civil money penalty.
