; penalty In the case of a dwelling unit that is located in a multifamily housing project, qualifies for assistance within the jurisdiction of the Department (as such term is defined in section 102(m) of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545 (m))), is available for rental, and is found, after notice and opportunity for a hearing in accordance with section 554 of title 5, United States Code, to be intentionally left vacant by the owner for a period of more than 60 days that begins as provided under subsection (b), the owner shall be assessed a civil money penalty in the amount of $100,000 for every 30 days that the unit is found to be intentionally left vacant. (b) Timing (1) New units In the case of a dwelling unit that has not previously been occupied, such 60-day period shall commence on the day that the unit is first habitable for occupancy, as determined by the Secretary. (2) Existing units In the case of a dwelling unit that has previously been occupied, such 60-day period shall commence on the day that the unit was vacated by the most recent tenant. (c) Treatment of repairs In making a determination with respect to a violation under subsection (a)— (1) the Secretary shall presume, subject to paragraph (2), that a dwelling unit that is vacant during any period between tenancies that the unit is being repaired, updated, renovated, or refurbished is not available for rental during such period