---
kind: "section"
citation: "24 C.F.R. § 30.80"
title: "24"
number: "30.80"
heading: "Factors in determining amount of civil money penalty."
url: "https://uscodex.org/cfr/24/30.80"
---

# §30.80. Factors in determining amount of civil money penalty.


After determining that a respondent has committed a violation as described in subpart B of this part that subjects the respondent to liability under this part, the officials designated in subpart B of this part shall consider the following factors to determine the amount of penalty to seek against a respondent, if any:

- (a) The gravity of the offense;
- (b) Any history of prior offenses;
- (c) The ability to pay the penalty, which ability shall be presumed unless specifically raised as an affirmative defense or mitigating factor by the respondent;
- (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; and
- (i) Such other matters as justice may require.
- (j) In addition to the above factors, with respect to violations under §§ [30.45](/cfr/24/30.45.md), [30.55](/cfr/24/30.55.md), [30.60](/cfr/24/30.60.md), and [30.68](/cfr/24/30.68.md), 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.**
- (k) HUD may consider the factors listed in [paragraphs (a) through (k)](#a..k) of this section to determine the appropriateness of imposing a penalty under [§ 30.35(c)(2)](/cfr/24/30.35.md?p=c-2); however, HUD cannot change the amount of the penalty under [§ 30.35(c)(2)](/cfr/24/30.35.md?p=c-2).

## Notes

### Amendments

[74 FR 2751, Jan. 15, 2009, as amended at 82 FR 24525, May 30, 2017]

### Authority

Authority: 12 U.S.C. 1701q-1, 1703, 1723i, 1735f-14, and 1735f-15; 15 U.S.C. 1717a; 28 U.S.C. 1 note and 2461 note; 42 U.S.C. 1437z-1 and 3535(d).

### Source

Source: 61 FR 50215, Sept. 24, 1996, unless otherwise noted.

### Amendments

[74 FR 2751, Jan. 15, 2009, as amended at 82 FR 24525, May 30, 2017]