Section

[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR35.100]

[Page 322-323]

TITLE 24--HOUSING AND URBAN DEVELOPMENT

PART 35_LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL

STRUCTURES--Table of Contents

Subpart B_General Lead-Based Paint Requirements and Definitions for All

Programs.

Sec. 35.100 Purpose and applicability.

Source: 64 FR 50202, Sept. 15, 1999, unless otherwise noted.

(a) Purpose. The requirements of subparts B through R of this part

are promulgated to implement the Lead-Based Paint Poisoning Prevention

Act, as amended (42 U.S.C. 4821 et seq.), and the Residential Lead-Based

Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.).

(b) Applicability--(1) This subpart. This subpart applies to all

target housing that is federally owned and target housing receiving

Federal assistance to which subparts C, D, F through M, and R of this

part apply, except where indicated.

(2) Other subparts--(i) General. Subparts C, D, and F through M of

this part each set forth requirements for a specific type of Federal

housing activity or assistance, such as multifamily mortgage insurance,

project-based rental assistance, rehabilitation, or tenant-based rental

assistance. Subpart R of this part provides standards and methods for

activities required in subparts B, C, D, and F through M of this part.

(ii) Application to programs. Most HUD housing programs are covered

by only one subpart of this part, but some programs can be used for more

than one type of assistance and therefore are covered by more than one

subpart of this part. A current list of programs covered by each subpart

of this part is available on the internet at www.hud.gov, or by mail

from the National Lead Information Center at 1-800-424-LEAD. Examples of

flexible programs that can provide more than one type of assistance are

the HOME Investment Partnerships program, the Community Development

Block Grant program, and the Indian Housing Block Grant Program.

Grantees, participating jurisdictions, Indian tribes and other entities

administering such flexible programs must decide which subpart applies

to the type of assistance being provided to a particular dwelling unit

or residential property.

(iii) Application to dwelling units. In some cases, more than one

type of assistance may be provided to the same dwelling unit. In such

cases, the subpart or section with the most protective initial hazard

reduction requirements applies. Paragraph (c) of this section provides a

table that lists the subparts and sections of this part in order from

the most protective to the least protective. (This list is based only on

the requirements for initial hazard reduction. The summary of

requirements on this list is not a complete list of requirements. It is

necessary to refer to the applicable subparts and sections to determine

all applicable requirements.)

(iv) Example. A multifamily building has 100 dwelling units and was

built in

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1965. The property is financed with HUD multifamily mortgage insurance.

This building is covered by subpart G of this part (see Sec. 35.625--

Multifamily mortgage insurance for properties constructed after 1959),

which is at protectiveness level 5 in the table set forth in paragraph

dwelling units are receiving project-based assistance, and the average

annual assistance per assisted unit is $5,500. Those 50 units, and

common areas servicing those units, are covered by the requirements of

subpart H of this part (see Sec. 35.715--Project-based assistance for

multifamily properties receiving more than $5,000 per unit), which are

at protectiveness level 3. Therefore, because level 3 is a higher level

of protectiveness than level 5, the units receiving project-based

assistance, and common areas servicing those units, must comply at level

3, while the rest of the building can be operated at level 5. The owner

may choose to operate the entire building at level 3 for simplicity.

of this part applying to HUD programs in order from most protective to

least protective hazard reduction requirements. The summary of hazard

reduction requirements in this table is not complete. Readers must refer

to relevant subpart for complete requirements.

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Hazard reduction

Level of protection Subpart, section, and type of assistance requirements

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1.............................. Subpart L, Public housing. Subpart G, Sec. Full abatement of lead-

35.630, Multifamily mortgage insurance for based paint.

conversions and major rehabilitations.

2.............................. Subpart J, Sec. 35.930(d), Properties receiving Abatement of lead-based

more than $25,000 per unit in rehabilitation paint hazards.

assistance.

3.............................. Subpart G, Sec. 35.620, Multifamily mortgage Interim controls.

insurance for properties constructed before 1960,

other than conversions and major rehabilitations.

Subpart H, Sec. 35.715, Project-based assistance

for multifamily properties receiving more than

$5,000 per unit. Subpart I, HUD-owned multifamily

property. Subpart J, Sec. 35.930(c), Properties

receiving more than $5,000 and up to $25,000 per

unit in rehabilitation assistance.

4.............................. Subpart F, HUD-owned single family properties. Paint stabilization.

Subpart H, Sec. 35.720, Project-based rental

assistance for multifamily properties receiving up

to $5,000 per unit and single family properties.

Subpart K, Acquisition, leasing, support services,

or operation. Subpart M, Tenant-based rental

assistance.

5.............................. Subpart G, Sec. 35.625, Multifamily mortgage Ongoing lead-based paint

insurance for properties constructed after 1959. maintenance.

6.............................. Subpart J, Sec. 35.930(b), Properties receiving Safe work practices during

up to and including $5,000 in rehabilitation rehabilitation.

assistance.

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