Title 24--Housing and Urban Development

PART 35--LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES

Return to Regulation Index

Sec. 35.1000 Purpose and applicability.

Return to top

    Source: 64 FR 50214, Sept. 15, 1999, unless otherwise noted.

    (a) The purpose of this subpart K is to establish procedures to 
eliminate as far as practicable lead-based paint hazards in a 
residential property that receives Federal assistance under certain HUD 
programs for acquisition, leasing, support services, or operation. 
Acquisition, leasing, support services, and operation do not include 
mortgage insurance, sale of federally-owned housing, project-based or 
tenant-based rental assistance, rehabilitation assistance, or assistance 
to public housing. For requirements pertaining to those activities or 
types of assistance, see the applicable subpart of this part.
    (b) The grantee or participating jurisdiction may assign to a 
subrecipient or other entity the responsibilities set forth in this 
subpart.

[[Page 322]]

    (c)(1) The requirements of this subpart shall not apply to HOME 
funds which are committed to a specific project in accordance with 
Sec. 92.2 of this title before September 15, 2000. Such projects shall 
be subject to the requirements of Sec. 92.355 of this title that were in 
effect at the time of project commitment, or the requirements of this 
subpart.
    (2) For purposes of the CDBG Entitlement program and the Indian 
Housing Block Grant program, the requirements of this subpart shall 
apply to activities (except those otherwise exempted) for which funds 
are first obligated on or after September 15, 2000. For the purposes of 
the State, HUD-Administered Small Cities, and Insular Areas CDBG 
programs, the requirements of this subpart shall apply to all covered 
activities (except those otherwise exempted) for which grant funding is 
awarded to the unit of local government by the State or HUD, as 
applicable, on or after September 15, 2000. For the purposes of the 
Emergency Shelter Grant Program (42 U.S.C. 11371-11378) and the formula 
grants awarded under the Housing Opportunities for Persons with AIDS 
Program (HOPWA) (42 U.S.C. 12901 et. seq.), the requirements of this 
subpart shall apply to activities for which program funds are first 
obligated on or after September 15, 2000.
    (3) For the purposes of competitively awarded grants under the HOPWA 
Program and the Supportive Housing Program (42 U.S.C. 11481-11389), the 
requirements of this subpart shall apply to grants awarded under Notices 
of Funding Availability published on or after September 15, 2000.
    (4) For the purposes of the Indian CDBG program (Sec. 1003.607 of 
this title), the requirements of this subpart shall not apply to funds 
whose notice of funding availability is announced or funding letter is 
sent before September 15, 2000. Such project grantees shall be subject 
to the regulations in effect at the time of announcement or funding 
letter.

[64 FR 50213, Sept. 15, 1999; 65 FR 3387, Jan. 21, 2000]

Sec. 35.1005 Definitions and other general requirements.

Return to top

    Definitions and other general requirements that apply to this 
subpart are found in subpart B of this part.

Sec. 35.1010 Notices and pamphlet.

Return to top

    (a) Notice. In cases where evaluation or hazard reduction, including 
paint stabilization, is undertaken, each grantee or participating 
jurisdiction shall provide a notice to residents in accordance with 
Sec. 35.125. A visual assessment is not considered an evaluation for 
purposes of this part.
    (b) Lead hazard information pamphlet. The grantee or participating 
jurisdiction shall provide the lead hazard information pamphlet in 
accordance with Sec. 35.130.

Return to top

    If a dwelling unit receives Federal assistance under a program 
covered by this subpart, each grantee or participating jurisdiction 
shall conduct the following activities for the dwelling unit, common 
areas servicing the dwelling unit, and the exterior surfaces of the 
building in which the dwelling unit is located:
    (a) A visual assessment of all painted surfaces in order to identify 
deteriorated paint;
    (b) Paint stabilization of each deteriorated paint surface, and 
clearance, in accordance with Secs. 35.1330(a) and (b), before occupancy 
of a vacant dwelling unit or, where a unit is occupied, immediately 
after receipt of Federal assistance; and
    (c) The grantee or participating jurisdiction shall incorporate 
ongoing lead-based paint maintenance activities into regular building 
operations, in accordance with Sec. 35.1355(a).
    (d) The grantee or participating jurisdiction shall provide a notice 
to occupants in accordance with Secs. 35.125(b)(1) and (c), describing 
the results of the clearance examination.

Return to top

    The grantee or participating jurisdiction shall determine whether 
the cost of evaluation and hazard reduction is to be borne by the owner/
developer, the

[[Page 323]]

grantee or a combination of the owner/developer and the grantee, based 
on program requirements and local program design.

Return to top