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Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Rules and Regulations Index for All Urban Consumers CPI
U for the month of October preceding the date of the adjustment, and the CPI
U for October of the prior year 28
U.S.C. 2461 note, section 5b1.
Based on that formula, the cost-of-living adjustment multiplier for 2021 is 1.01182.1 Pursuant to the 2015 Act, adjustments are rounded to the nearest dollar.2
II. This Final Rule This final rule makes the required 2021 inflation adjustment of HUDs civil
Previous amount
Omnibus Budget Reconciliation Act of 1986 31 U.S.C.
3802a1.
Omnibus Budget Reconciliation Act of 1986 31 U.S.C. 3802
a2.
Department of Housing and Urban Development Act 42 U.S.C.
3537ac.
Department of Housing and Urban Development Act 42 U.S.C.
3545f.
HUD Reform Act of 1989 12
U.S.C. 1735f14a2.
HUD Reform Act of 1989 12
U.S.C. 1735f14a2.
Housing Community Development Act of 1992 12 U.S.C. 1715z 13ag2.
HUD Reform Act of 1989 12
U.S.C. 1735f15c2.
HUD Reform Act of 1989 12
U.S.C. 1723ia.
HUD Reform Act of 1989 12
U.S.C. 1703.
Title XResidential Lead-Based Paint Hazard Reduction Act of 1992 42 U.S.C. 4852db1.
Multifamily Assisted Housing Reform and Affordability Act of 1997 42 U.S.C. 1437z1b2.
The Lobbying Disclosure Act of 1995 31 U.S.C. 1352.
Fair Housing Act 42 U.S.C.
3612g3.

28.10a

$11,665

$11,803.

28.10b

$11,665

$11,803.

30.20

$20,489

$20,731.

30.25

$20,489

$20,731.

30.35

Per Violation: $10,245; Per Year:
$2,048,915.
Per Violation: $10,245; Per Year:
$2,048,915.
Per Violation: $10,245; Per Year:
$2,048,915.

Per Violation: $10,366; Per Year:
$2,073,133.
Per Violation: $10,366; Per Year:
$2,073,133.
Per Violation: $10,366; Per Year:
$2,073,133.

30.45

$51,222

$51,827

30.50

30.65

Per Violation: $10,245; Per Year:
$2,048,915.
Per Violation: $10,245; Per Year:
$2,048,915.
$18,149

Per Violation: $10,366; Per Year:
$2,073,133.
Per Violation: $10,366; Per Year:
$2,073,133.
$18,364.

30.68

$39,811

$40,282.

87.400

Min: $20,489; Max: $204,892

Min: $20,731; Max: $207,314.

180.671a

Housing Community Development Act of 1974 42 U.S.C. 5410.

3282.10

No Priors: $21,410; One Prior:
$53,524; Two or More Priors:
$107,050.
Per Violation: $2,976; Per Year:
$3,719,428.

No Priors: $21,663; One Prior:
$54,157; Two or More Priors:
$108,315.
Per Violation: $3,011; Per Year:
$3,763,392.

Statutory citation
False Claims

Advance Disclosure of Funding

Disclosure of Subsidy Layering

FHA Mortgagees and Lenders Violations.
Other FHA Participants Violations Indian Loan Mortgagees Violations
Multifamily & Section 202 or 811
Owners Violations.
Ginnie Mae Issuers & Custodians Violations.
Title I Broker & Dealers Violations Lead Disclosure Violation

Section 8 Owners Violations

Lobbying Violation
Fair Housing Act Civil Penalties

Manufactured Housing Regulations Violation.

III. Justification for Final Rulemaking for the 2021 Adjustments HUD generally publishes regulations for public comment before issuing a rule for effect, in accordance with its own regulations on rulemaking in 24 CFR
part 10. However, part 10 provides for exceptions to the general rule if the agency finds good cause to omit advanced notice and public participation. The good cause requirement is satisfied when prior public procedure is impractical, 1 Office of Management and Budget, M2110, Memorandum for the Heads of Executive Departments and Agencies, Implementation of Penalty Inflation Adjustments for 2021, Pursuant to
VerDate Sep<11>2014

15:56 Mar 15, 2021

penalty. In the third column Regulatory Citation, HUD provides the Code of Federal Regulations citation under Title 24 for the penalty. In the fourth column Previous Amount, HUD provides the amount of the penalty pursuant to the rule implementing the 2020 adjustment 85 FR 13041, April 06, 2020. In the fifth column 2021
Adjusted Amount, HUD lists the penalty after applying the 2021 inflation adjustment.

Regulatory citation 24 CFR

Description
False Statements

jbell on DSKJLSW7X2PROD with RULES

money penalty amounts. Since HUD is not applying these adjustments retroactively, the 2021 increases apply to violations occurring on or after this rules effective date. HUD provides a table showing how, for each component, the penalties are being adjusted for 2021
pursuant to the 2015 Act. In the first column Description, HUD provides a description of the penalty. In the second column Statutory Citation, HUD provides the United States Code statutory citation providing for the
14371

Jkt 253001

30.36
30.40

30.60

2021 adjusted amount
unnecessary, or contrary to the public interest see 24 CFR 10.1. As discussed, this final rule makes the required 2021 inflation adjustment, which HUD does not have discretion to change. Moreover, the 2015 Act specifies that a delay in the effective date under the Administrative Procedure Act is not required for annual adjustments under the 2015 Act. HUD
has determined, therefore, that it is unnecessary to delay the effectiveness of
the 2021 inflation adjustments to solicit public comments.
Section 7o of the Department of Housing and Urban Development Act 42 U.S.C. 3535o requires that any HUD regulation implementing any provision of the Department of Housing and Urban Development Reform Act of 1989 that authorizes the imposition of a civil money penalty may not become effective until after the expiration of a public comment period of not less than 60 days. This rule does not authorize
the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. https
www.whitehouse.gov/wp-content/uploads/2020/12/

M-21-10.pdf. October 2020 CPIU 260.388/
October 2019 CPIU 257.346 = 1.01182.
2 28 U.S.C. 2461 note.

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