35.100—Purpose and applicability.
(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 1965. The property is financed with HUD multifamily mortgage insurance. This building is covered by subpart G of this part (see § 35.625 —Multifamily mortgage insurance for properties constructed after 1959), which is at protectiveness level 5 in the table set forth in paragraph (c) of this section. In the same building, however, 50 of the 100 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 § 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.
(c) Table One.
The following table lists the subparts and sections 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.
| Level of protection | Subpart, section, and type of assistance | Hazard reduction requirements |
|---|---|---|
| 1 | Subpart L, Public housing. Subpart G, § 35.630 , Multifamily mortgage insurance for conversions and major rehabilitations | Full abatement of lead-based paint. |
| 2 | Subpart J, § 35.930(d) , Properties receiving more than $25,000 per unit in rehabilitation assistance | Abatement of lead-based paint hazards. |
| 3 | Subpart G, § 35.620 , Multifamily mortgage insurance for properties constructed before 1960, other than conversions and major rehabilitations. Subpart H, § 35.715 , Project-based assistance for multifamily properties receiving more than $5,000 per unit. Subpart I, HUD-owned multifamily property. Subpart J, § 35.930(c) , Properties receiving more than $5,000 and up to $25,000 per unit in rehabilitation assistance | Interim controls. |
| 4 | Subpart F, HUD-owned single family properties. Subpart H, § 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 | Paint stabilization. |
| 5 | Subpart G, § 35.625 , Multifamily mortgage insurance for properties constructed after 1959 | Ongoing lead-based paint maintenance. |
| 6 | Subpart J, § 35.930(b) , Properties receiving up to and including $5,000 in rehabilitation assistance | Safe work practices during rehabilitation. |