Title 24--Housing and Urban Development

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

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Sec. 35.800 Purpose and applicability.

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    Source: 64 FR 50211, Sept. 15, 1999, unless otherwise noted.

    The purpose of this subpart I is to establish procedures to 
eliminate as far as practicable lead-based paint hazards in a HUD-owned 
multifamily residential property or a multifamily residential property 
for which HUD is identified as mortgagee-in-possession. The requirements 
of this subpart apply to any such property that is offered for sale or 
held or managed on or after September 15, 2000.

Sec. 35.805 Definitions and other general requirements.

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

Sec. 35.810 Notices and pamphlet.

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    (a) Notices. When evaluation or hazard reduction is undertaken, the 
Department shall provide a notice to occupants in accordance with 
Sec. 35.125.

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    (b) Lead hazard information pamphlet. HUD shall provide the lead 
hazard information pamphlet in accordance with Sec. 35.130.

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    HUD shall conduct a risk assessment and a lead-based paint 
inspection in accordance with Sec. 35.1320(a) and (b). For properties to 
which this subpart applies on September 15, 2000, the lead-based paint 
inspection and risk assessment shall be conducted no later than December 
15, 2000, or before publicly advertising the property for sale, 
whichever is sooner. For properties to which this subpart becomes 
applicable after September 15, 2000, the lead-based paint inspection and 
risk assessment shall be conducted no later than 90 days after this 
subpart becomes applicable or before publicly advertising the property 
for sale, whichever is sooner.

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    HUD shall conduct interim controls in accordance with Sec. 35.1330 
to treat the lead-based paint hazards identified in the evaluation 
conducted in accordance with Sec. 35.815. Interim controls are 
considered completed when clearance is achieved in accordance with 
Sec. 35.1340. Interim controls of all lead-based paint hazards shall be 
completed no later than the following schedule:
    (a) In units occupied by families with children of less than 6 years 
of age and in common areas servicing those units, interim controls shall 
be completed no later than 90 days after the completion of the risk 
assessment. In units in which a child of less than 6 years of age moves 
in after the completion of the risk assessment, interim controls shall 
be completed no later than 90 days after the move-in.
    (b) In all other dwelling units, common areas, and the remaining 
portions of the residential property, interim controls shall be 
completed no later than 12 months after completion of the risk 
assessment for those units.
    (c) If conveyance of the title by HUD at a sale of a HUD-owned 
property or a foreclosure sale caused by HUD when HUD is mortgagee-in-
possession occurs before the schedule in paragraphs (a) and (b) of this 
section, HUD shall complete interim controls before conveyance or 
foreclosure, or HUD shall be responsible for assuring that interim 
controls are carried out by the purchaser. If interim controls are made 
a condition of sale, such controls shall be completed according to the 
following schedule:
    (1) In units occupied by families with children of less than 6 years 
of age and in common areas servicing those units, interim controls shall 
be completed no later than 90 days after the date of the closing of the 
sale. In units in which a child of less than 6 years of age moves in 
after the closing of the sale, interim controls shall be completed no 
later than 90 days after the move-in.
    (2) In all other dwelling units, in common areas servicing those 
units, and in the remaining portions of the residential property, 
interim controls shall be completed no later than 180 days after the 
closing of the sale.

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    HUD shall incorporate ongoing lead-based paint maintenance and 
reevaluation, in accordance with Sec. 35.1355, into regular building 
operations if HUD retains ownership of the residential property for more 
than 12 months.

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    (a) Risk assessment. Within 15 days after being notified by a public 
health department or other medical health care provider that a child of 
less than 6 years of age living in a multifamily dwelling unit owned by 
HUD (or where HUD is mortgagee-in-possession) has been identified as 
having an environmental intervention blood lead level, HUD shall 
complete a risk assessment of the dwelling unit in which the child lived 
at the time the blood was last sampled and of common areas servicing the 
dwelling unit. The risk assessment shall be conducted in accordance with 
Sec. 35.1320(b) and is considered complete when HUD receives the risk 
assessment report. The requirements of this paragraph apply regardless 
of whether the child is or is not still living in the unit when HUD 
receives the notification of the environmental intervention blood lead 
level. The requirements of this

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paragraph do not apply if HUD conducted a risk assessment of the unit 
and common areas servicing the unit between the date the child's blood 
was last sampled and the date when HUD received the notification of the 
environmental intervention blood lead level. If a public health 
department has already conducted an evaluation of the dwelling unit, the 
requirements of this paragraph shall not apply.
    (b) Verification. After receiving information from a person who is 
not a medical health care provider that a child of less than 6 years of 
age living in a multifamily dwelling unit owned by HUD (or where HUD is 
mortgagee-in-possession) may have an environmental intervention blood 
lead level, HUD shall immediately verify the information with the public 
health department or other medical health care provider. If that 
department or provider verifies that the child has an environmental 
intervention blood lead level, such verification shall constitute 
notification, and HUD shall take the action required in paragraphs (a) 
and (c) of this section.
    (c) Hazard reduction. Within 30 days after receiving the report of 
the risk assessment conducted pursuant to paragraph (a) of this section 
or the evaluation from the public health department, HUD shall complete 
the reduction of lead-based paint hazards identified in the risk 
assessment in accordance with Sec. 35.1325 or Sec. 35.1330. Hazard 
reduction is considered complete when clearance is achieved in 
accordance with Sec. 35.1340 and the clearance report states that all 
lead-based paint hazards identified in the risk assessment have been 
treated with interim controls or abatement or the public health 
department certifies that the lead-based paint hazard reduction is 
complete. The requirements of this paragraph do not apply if HUD, 
between the date the child's blood was last sampled and the date HUD 
received the notification of the environmental intervention blood lead 
level, conducted a risk assessment of the unit and common areas 
servicing the unit and completed reduction of identified lead-based 
paint hazards.
    (d) Reporting requirement. HUD shall report the name and address of 
a child identified as having an environmental intervention blood lead 
level to the public health department within 5 working days of being so 
notified by any other health professional.
    (e) Closing. If the closing of a sale is scheduled during the period 
when HUD is responding to a case of a child with an environmental 
intervention blood lead level, HUD may arrange for the completion of the 
procedures required by Sec. 35.830(a)-(d) by the purchaser within a 
reasonable period of time.
    (f) Extensions. The Assistant Secretary for Housing-Federal Housing 
Commissioner or designee may consider and approve a request for an 
extension of deadlines established by this section for a lead-based 
paint inspection, risk assessment, hazard reduction, and reporting. Such 
a request may be considered, however, only during the first six months 
during which HUD is owner or mortgagee-in-possession of a multifamily 
property.

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