--- kind: "section" citation: "42 U.S.C. § 5411" title: "42" title_heading: "The Public Health and Welfare" number: "5411" heading: "Injunctive relief" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/5411" units: - "Chapter 70 — Manufactured Home Construction and Safety Standards" --- # §5411. Injunctive relief - (a) **Jurisdiction; petition of United States attorney or Attorney General; notice by Secretary to affected persons to present views—** The [United States district courts](/usc/42/5402.md?p=13) shall have jurisdiction, for cause shown and subject to the provisions of [rule 65(a)](/usc/42/65.md) and (b) of the Federal Rules of Civil Procedure, to restrain [violations](/usc/42/2000e–16a.md?p=c) of this chapter, or to restrain the sale, offer for sale, or the importation into the United States, of any [manufactured home](/usc/42/5402.md?p=6) which is determined, prior to the first purchase of such [manufactured home](/usc/42/5402.md?p=6) in good faith for purposes other than resale, not to conform to applicable [Federal manufactured home construction and safety standards](/usc/42/5402.md?p=7) prescribed pursuant to this chapter or to contain a [defect](/usc/42/5402.md?p=3) which constitutes an [imminent safety hazard](/usc/42/5402.md?p=9), upon petition by the appropriate United States attorney or the Attorney General on behalf of the United States. Whenever practicable, the [Secretary](/usc/42/5402.md?p=11) shall give notice to any person against whom an action for injunctive relief is contemplated and afford him an opportunity to present his views and the failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief. - (b) **Criminal contempt proceedings; conduct of trial—** In any proceeding for criminal contempt for [violation](/usc/42/2000e–16a.md?p=c) of an injunction or restraining order issued under this section, which [violation](/usc/42/2000e–16a.md?p=c) also constitutes a [violation](/usc/42/2000e–16a.md?p=c) of this chapter, trial shall be by the court or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure. - (c) **Venue—** Actions under [subsection (a)](#a) of this section and [section 5410 of this title](/usc/42/5410.md) may be brought in the district wherein any act or transaction constituting the [violation](/usc/42/2000e–16a.md?p=c) occurred, or in the district wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found. - (d) **Subpenas—** In any action brought by the United States under [subsection (a)](#a) of this section or [section 5410 of this title](/usc/42/5410.md), subpenas by the United States for witnesses who are required to attend at United States district court may run into any other district. - (e) **Designation by manufacturer of agent for service of administrative and judicial processes, etc.; filing and amendment of designation; failure to make designation—** It shall be the duty of every [manufacturer](/usc/42/5402.md?p=5) offering a [manufactured home](/usc/42/5402.md?p=6) for importation into the United States to designate in writing an agent upon whom service of all administrative and judicial processes, notices, orders, decisions, and requirements may be made for and on behalf of such [manufacturer](/usc/42/5402.md?p=5), and to file such designation with the [Secretary](/usc/42/5402.md?p=11), which designation may from time to time be changed by like writing, similarly filed. Service of all administrative and judicial processes, notices, orders, decisions, and requirements may be made upon such [manufacturer](/usc/42/5402.md?p=5) by service upon such designated agent at his office or usual place of residence with like effect as if made personally upon such [manufacturer](/usc/42/5402.md?p=5), and in default of such designation of such agent, service of process or any notice, order, requirement, or decision in any proceeding before the [Secretary](/usc/42/5402.md?p=11) or in any judicial proceeding pursuant to this chapter may be made by mailing such process, notice, order, requirement, or decision to the [Secretary](/usc/42/5402.md?p=11) by registered or certified mail. ## Source credit (Pub. L. 93–383, title VI, § 612, Aug. 22, 1974, 88 Stat. 705; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641.) ## Notes ### Editorial Notes ### References in Text Rule 65 of the Federal Rules of Civil Procedure, referred to in subsec. (a), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 42 of the Federal Rules of Criminal Procedure, referred to in subsec. (b), is set out in the Appendix to Title 18, Crimes and Criminal Procedure. ### Amendments 1980—Subsecs. (a), (e). Pub. L. 96–399 substituted “manufactured home” for “mobile home” wherever appearing. ### Statutory Notes and Related Subsidiaries ### Effective Date Section effective upon the expiration of 180 days following Aug. 22, 1974, see section 627 of Pub. L. 93–383, set out as a note under section 5401 of this title.