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.

