ICR Attachment 3 - 24 CFR 35, Subpart H

OMB Control Number 2070-0151; EPA ICR Number 1710.05
ICR ATTACHMENT 3
24 CFR 35, Subpart H

§ 35.625

24 CFR Subtitle A (4–1–07 Edition)

(2) The sponsor shall complete interim controls before the issuance of
the firm commitment or interim controls may be made a condition of the
Federal Housing Administration (FHA)
firm commitment, with sufficient repair or rehabilitation funds escrowed
at initial endorsement of the FHA insured loan.
(c) Ongoing lead-based paint maintenance activities. Before the issuance of
the firm commitment, the sponsor
shall agree to incorporate ongoing
lead-based paint maintenance into regular building operations and maintenance activities in accordance with
§ 35.1355(a).
§ 35.625 Multifamily insured property
constructed after 1959 and before
1978.
Except as provided in § 35.630, before
the issuance of the firm commitment,
the sponsor shall agree to incorporate
ongoing lead-based paint maintenance
practices into regular building operations, in accordance with § 35.1355(a).

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§ 35.630 Conversions
habilitations.

and

major

re-

The procedures and requirements of
this section apply when a nonresidential property constructed before 1978 is
to be converted to residential use, or a
residential property constructed before
1978 is to undergo rehabilitation that is
estimated to cost more than 50 percent
of the estimated replacement cost after
rehabilitation.
(a) Lead-based paint inspection. Before
issuance of a firm FHA commitment,
the sponsor shall conduct a lead-based
paint inspection in accordance with
§ 35.1320(a).
(b) Abatement. Prior to occupancy,
the sponsor shall conduct abatement of
all lead-based paint on the property in
accordance with § 35.1325. Whenever
practicable,
abatement
shall
be
achieved through the methods of paint
removal or component replacement. If
paint removal or component replacement are not practicable, that is if
such methods would damage substrate
material considered architecturally
significant, permanent encapsulation
or enclosure may be used as methods of
abatement. Abatement is considered
complete when clearance is achieved in

accordance with § 35.1340. If encapsulation or enclosure is used, the sponsor
shall incorporate ongoing lead-based
paint maintenance into regular building operations maintenance activities
in accordance with § 35.1355.
(c)
Historic
properties.
Section
35.115(a)(13) applies to this section.

Subpart H—Project-Based
Assistance
SOURCE: 64 FR 50210, Sept. 15, 1999, unless
otherwise noted.

§ 35.700

Purpose and applicability.

(a) This subpart H establishes procedures to eliminate as far as practicable
lead-based paint hazards in residential
properties receiving project-based assistance under a HUD program. The requirements of this subpart apply only
to the assisted dwelling units in a covered property and any common areas
servicing those dwelling units. This
subpart does not apply to housing receiving rehabilitation assistance or to
public housing, which are covered by
subparts J and M of this part, respectively.
(b) For the purposes of competitively
awarded grants under the Housing Opportunities for Persons with AIDS Program (HOPWA), the Supportive Housing Program (42 U.S.C. 11381–11389) and
the Shelter Plus Care Program projectbased rental assistance and sponsorbased rental assistance components (42
U.S.C. 11402–11407), the requirements of
this subpart shall apply to grants
awarded pursuant to Notices of Funding Availability published on or after
October 1, 1999. For the purposes of 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.
§ 35.705 Definitions and other general
requirements.
Definitions and other general requirements that apply to this subpart
are found in subpart B of this part.

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Office of the Secretary, HUD
§ 35.710

§ 35.720

Notices and pamphlet.

(a) Notice. If evaluation or hazard reduction is undertaken, each owner
shall provide a notice to occupants in
accordance with § 35.125. A visual assessment alone is not considered an
evaluation for the purposes of this
part.
(b) Lead hazard information pamphlet.
The owner shall provide the lead hazard information pamphlet in accordance with § 35.130.
[64 FR 50210, Sept. 15, 1999, as amended at 69
FR 34272, June 21, 2004]

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§ 35.715 Multifamily properties receiving more than $5,000 per unit.
The requirements of this section
shall apply to a multifamily residential property that is receiving an average of more than $5,000 per assisted
dwelling unit annually in project-based
assistance.
(a) Risk assessment. Each owner shall
complete a risk assessment in accordance with § 35.1320(b). A risk assessment is considered complete when the
owner receives the risk assessment report. Until the owner conducts a risk
assessment as required by this section,
the requirements of paragraph (d) of
this section shall apply. After the risk
assessment has been conducted the requirements of paragraphs (b) and (c) of
this section shall apply. Each risk assessment shall be completed no later
than the following schedule or a schedule otherwise determined by HUD:
(1) Risk assessments shall be completed on or before September 17, 2001,
in a multifamily residential property
constructed before 1960.
(2) Risk assessments shall be completed on or before September 15, 2003,
in a multifamily residential property
constructed after 1959 and before 1978.
(b) Interim controls. Each owner shall
conduct interim controls in accordance
with § 35.1330 to treat the lead-based
paint hazards identified in the risk assessment. Interim controls are considered completed when clearance is
achieved in accordance with § 35.1340.
Interim controls shall be completed no
later than 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 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.
(2) 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) Ongoing lead-based paint maintenance and reevaluation activities. Effective immediately after completion of
the risk assessment required in
§ 35.715(a), the owner shall incorporate
ongoing lead-based paint maintenance
and reevaluation into the regular
building operations in accordance with
§ 35.1355, unless all lead-based paint has
been removed. If the reevaluation identifies new lead-based paint hazards, the
owner shall conduct interim controls
in accordance with § 35.1330.
(d) Transitional requirements—(1) Effective date. The requirements of this
paragraph shall apply effective September 15, 2000, and continuing until
the applicable date specified in
§ 35.715(a) (1) or (2) or until the owner
conducts a risk assessment, whichever
is first.
(2) Definitions and other general requirements that apply to this paragraph are found in subpart B of this
part.
(3) Ongoing lead-based paint maintenance. The owner shall incorporate ongoing lead-based paint maintenance activities into regular building operations, in accordance with § 35.1355(a),
except that clearance is not required.
(4) Child with an environmental intervention blood lead level. If a child of less
than 6 years of age living in a dwelling
unit covered by this paragraph has an
environmental intervention blood lead
level, the owner shall comply with the
requirements of § 35.730.
§ 35.720 Multifamily properties receiving up to $5,000 per unit, and single
family properties.
Effective September 15, 2000, the requirements of this section shall apply
to a multifamily residential property

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§ 35.725

24 CFR Subtitle A (4–1–07 Edition)

that is receiving an average of up to
and including $5,000 per assisted dwelling unit annually in project-based assistance and to a single family residential property that is receiving projectbased assistance through the Section 8
Moderate Rehabilitation program, the
Project-Based Certificate program, or
any other HUD program providing
project-based assistance.
(a) Activities at initial and periodic inspection—(1) Visual assessment. During
the initial and periodic inspections, an
inspector trained in visual assessment
for deteriorated paint surfaces in accordance with procedures established
by HUD shall conduct a visual assessment of all painted surfaces in order to
identify any deteriorated paint.
(2) Paint stabilization. The owner shall
stabilize each deteriorated paint surface in accordance with § 35.1330(a) and
§ 35.1330(b) before occupancy of a vacant
dwelling unit or, where a unit is occupied, within 30 days of notification of
the results of the visual assessment.
Paint stabilization is considered complete when clearance is achieved in accordance with § 35.1340.
(3) Notice. The owner shall provide a
notice to occupants in accordance with
§§ 35.125(b) (1) and (c) describing the results of the clearance examination.
(b) Ongoing lead-based paint maintenance activities. The owner shall incorporate ongoing lead-based paint maintenance activities into regular building
operations
in
accordance
with
§ 35.1355(a), unless all lead-based paint
has been removed.
(c) Child with an environmental intervention blood lead level. If a child of less
than 6 years of age living in a dwelling
unit covered by this section has an environmental intervention blood lead
level, the owner shall comply with the
requirements of § 35.730.

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§ 35.725

Section 8 Rent adjustments.

HUD may, subject to the availability
of appropriations for Section 8 contract
amendments, on a project by project
basis for projects receiving Section 8
project-based assistance, provide adjustments to the maximum monthly
rents to cover the costs of evaluation
for and reduction of lead-based paint
hazards, as defined in section 1004 of

the Residential Lead-Based Paint Hazard Reduction Act of 1992.
§ 35.730 Child with an environmental
intervention blood lead level.
(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 dwelling unit
to which this subpart applies has been
identified as having an environmental
intervention blood lead level, the
owner 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
35.1320(b) and is considered complete
when the owner 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 the owner receives
the notification of the environmental
intervention blood lead level. The requirements of this paragraph (a) shall
not apply if the owner 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 the owner 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 dwelling unit covered by this subpart may have an environmental intervention blood lead level, the owner
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 the owner 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

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Office of the Secretary, HUD

§ 35.820

paragraph (a) of this section or the
evaluation from the public health department, the owner shall complete the
reduction of identified lead-based paint
hazards in accordance with § 35.1325 or
§ 35.1330. Hazard reduction is considered
complete when clearance is achieved in
accordance with § 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 the owner,
between the date the child’s blood was
last sampled and the date the owner received the notification of the environmental intervention blood lead level,
already conducted a risk assessment of
the unit and common areas servicing
the unit and completed reduction of
identified lead-based paint hazards.
(d) Notice. If evaluation or hazard reduction is undertaken, each owner
shall provide a notice to occupants in
accordance with § 35.125.
(e) Reporting requirement. The owner
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 medical health care professional.

Subpart I—HUD-Owned and Mortgagee-in-Possession
Multifamily Property
SOURCE: 64 FR 50211, Sept. 15, 1999, unless
otherwise noted.

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§ 35.800

Purpose and applicability.

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.

§ 35.805 Definitions and other general
requirements.
Definitions and other general requirements that apply to this subpart
are found in subpart B of this part.
§ 35.810 Notices and pamphlet.
(a) Notices. When evaluation or hazard reduction is undertaken, the Department shall provide a notice to occupants in accordance with § 35.125. A
visual assessment alone is not considered an evaluation for the purposes of
this part.
(b) Lead hazard information pamphlet.
HUD shall provide the lead hazard information pamphlet in accordance with
§ 35.130.
[64 FR 50211, Sept. 15, 1999, as amended at 69
FR 34272, June 21, 2004]

§ 35.815 Evaluation.
HUD shall conduct a risk assessment
and a lead-based paint inspection in accordance with § 35.1320(a) and (b). For
properties to which this subpart applies on September 15, 2000, the leadbased 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.
§ 35.820 Interim controls.
HUD shall conduct interim controls
in accordance with § 35.1330 to treat the
lead-based paint hazards identified in
the evaluation conducted in accordance with § 35.815. Interim controls are
considered completed when clearance
is achieved in accordance with § 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

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