Section 30.80 - Factors in determining amount of civil money penaltyAfter 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 , 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.(k) 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) . 74 FR 2751 , Jan. 15, 2009, as amended at 82 FR 24525 , May 30, 2017