ATTACHMENT 3

Project-Based Rental Assistance

24 CFR 35, Subpart H
TITLE 24--HOUSING AND URBAN DEVELOPMENT

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

STRUCTURES

Subpart H--Project-Based Rental Assistance

Sec. 35.700 Purpose and applicability.

 Source: 64 FR 50210, Sept. 15, 1999, unless otherwise noted.

 (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 project-based rental assistance and 

sponsor-based 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.

Sec. 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.

Sec. 35.710 Notices and pamphlet.

 (a) Notice. If evaluation or hazard reduction is undertaken, each owner shall provide a notice 

to occupants in accordance with Sec. 35.125.

 (b) Lead hazard information pamphlet. The owner shall provide the lead hazard information 

pamphlet in accordance with Sec. 35.130.

Sec. 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 Sec. 

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 Sec. 

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 Sec. 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 Sec. 35.715(a), the owner shall incorporate 

ongoing lead-based paint maintenance and reevaluation into the regular building operations in 

accordance with Sec. 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 Sec. 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 Sec. 

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 Sec. 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 Sec. 35.730.

Sec. 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 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 project-based 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 Sec. 35.1330(a) and Sec. 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 Sec. 35.1340.

 (3) Notice. The owner shall provide a notice to occupants in accordance with Secs. 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 Sec. 

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 Sec. 35.730.

Sec. 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.

Sec. 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 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 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 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 Sec. 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.