HUD and FFIEC Adjust 2019 Federal Civil Penalties

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HUD and the FFIEC, in separate announcements, have made inflation adjustments of Civil Penalty amounts for 2019. 

HUD adjustments may be found in the Federal Register and are effective on or after April 15, 2019. Some of the increased penalties include:

  • Fair Housing Act Civil Penalties – No prior violations is $21,039; one prior violation is $52,596; and two or more prior violations is $105,194.
  • False Claims and False Statements – $11,463 per violation.
  • FHA Mortgagees and Lenders violations: $10,067 per violation up to $2,013,399 per year.
  • Ginnie Mae Issuers & Custodians violations: $10,067 per violation and up to $2,013,300 per year.
  • Manufactured Housing Regulation violations: $2,924 per violation and up to $3,654,955 per year.

FFIEC adjustments may be found in the Federal Register and are effective on or after April 17, 2019.   The increased violation penalties include:

  • Enforcement Regulations: First Tier – $11,677; Second Tier – $58,383; and Third Tier – $2,335,323. First, Second and Third tier penalties are assessed for each day during which a violation, practice or breach continues under circumstances set forth in 12 U.S.C. 4636(b).
  • Program Fraud Civil Remedies Regulation: Maximum penalty per false claim under 31 U.S.C. 3802(a)(1) and 3802(a)(2) – $11,463.
  • Flood Insurance Regulation under 42 U.S.C. 4012: Maximum penalty per violation – $568 and maximum total penalties assessed against an Enterprise in a calendar year- $163,772. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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