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Subpart J--Rehabilitation
24 CFR 35.900 Purpose and applicability.
(a) Purpose and applicability. (1) The purpose of this subpart J is to establish procedures to eliminate as far as practicable lead-based paint hazards in a residential property that receives Federal rehabilitation assistance under a program administered by HUD. Rehabilitation assistance does not include project-based rental assistance, rehabilitation mortgage insurance or assistance to public housing.
(2) The requirements of this subpart shall not apply to HOME funds which are committed to a specific project in accordance with 24 CFR 92.2 of this title before September 15, 2000. Such projects shall be subject to the requirements of 24 CFR 92.355 of this title that were in effect at the time of project commitment or the requirements of this subpart.
(3) For the purposes of the Indian Housing Block Grant program and the CDBG Entitlement program, the requirements of this subpart shall apply to all residential rehabilitation activities (except those otherwise exempted) for which funds are first obligated on or after September 15, 2000. For the purposes of the State, HUD-Administered Small Cities, and Insular Areas CDBG programs, the requirements of this subpart shall apply to all covered activities (except those otherwise exempted) for which grant funding is awarded to the unit of local government by the State or HUD, as applicable, on or after September 15, 2000. For the purposes of the Emergency Shelter Grant Program (42 U.S.C. 11371-11378) and the 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.
(4) For the purposes of competitively awarded grants under the HOPWA Program and the Supportive Housing Program (42 U.S.C. 11481-11389), the requirements of this subpart shall apply to grants awarded under Notices of Funding Availability published on or after September 15, 2000.
(5) For the purposes of the Indian CDBG program (24 CFR 1003.607 of this title), the requirements of this subpart shall not apply to funds whose notice of funding availability is announced or funding letter is sent before September 15, 2000. Such project grantees shall be subject to the regulations in effect at the time of announcement or funding letter.
(b) The grantee or participating jurisdiction may assign to a subrecipient or other entity the responsibilities set forth in this subpart.
24 CFR 35.905 Definitions and other general requirements.
Definitions and other general requirements that apply to this subpart are found in Subpart B of this part.
24 CFR 35.910 Notices and pamphlet.
(a) Notices. In cases where evaluation or hazard reduction or both are undertaken as part of federally funded rehabilitation, the grantee, participating jurisdiction, or CILP recipient, shall provide a notice to occupants in accordance with 24 CFR 35.125.
(b) Lead hazard information pamphlet. The grantee, participating jurisdiction, or CILP recipient, shall provide the lead hazard information pamphlet in accordance with 24 CFR 35.130.
24 CFR 35.915 Calculating rehabilitation costs, except for the CILP Program.
(a) Applicability. This section applies to recipients of Federal rehabilitation assistance, except for CILP recipients, for which 24 CFR 35.920 applies.
(b) Rehabilitation assistance. (1) Lead-based paint requirements for rehabilitation fall into three categories which depend on the amount of rehabilitation assistance provided. The three categories are:
(i) Assistance of up to and including $5,000 per unit;
(ii) Assistance of more than $5,000 per unit up to and including $25,000 per unit; and
(iii) Assistance of more than $25,000 per unit.
(2) For purposes of implementing Secs. 35.930-35.935, the amount of rehabilitation assistance is the average per unit amount of Federal funds for the hard costs of rehabilitation, excluding lead-based paint hazard evaluation and hazard reduction activities. Costs of site preparation, occupant protection, relocation, interim controls, abatement, clearance and waste handling attributable to lead-based paint hazard reduction are not to be included in the hard costs of rehabilitation.
(c) Calculating rehabilitation assistance. For a residential property that includes both federally assisted and non-assisted units, the rehabilitation costs of non-assisted units are not included in the calculation.
(1) The average cost of rehabilitation for the assisted units is calculated as follows:
Per Unit Rehabilitation $ = (a/c) + (b/d) Where:
a= Federal Rehabilitation Assistance for all assisted units
b= Federal Rehabilitation Assistance for common areas and exterior painted surfaces
c= Number of federally assisted units
d= Total number of units
(2) Eight out of 10 dwelling units in a residential property receive Federal rehabilitation assistance. The total amount of Federal rehabilitation assistance for the dwelling units is $90,000, and the total amount of Federal rehabilitation assistance for the common areas and exterior surfaces is $10,000. Based on the formula above, the average per unit amount of Federal rehabilitation assistance is $12,250. This is illustrated as follows: $12,250 = ($90,000/8) + ($10,000/10).
24 CFR 35.920 Calculating rehabilitation costs for the Flexible Subsidy-CILP program.
All dwelling units and common areas in a residential property are considered to be assisted under the CILP program. The cost of rehabilitation is calculated as follows:
Per Unit Rehab $ = Federal Rehab Assistance / Total Number of Units.
24 CFR 35.925 Examples of determining applicable requirements.
The following examples illustrate how to determine whether the requirements of Secs. 35.930(b), (c), or (d) apply to a dwelling unit receiving Federal rehabilitation assistance (dollar amounts are on a per unit basis):
(a) If the total amount of Federal assistance for a dwelling is $2,000, and the hard costs of rehabilitation are $10,000, the lead-based paint requirements would be those described in 24 CFR 35.930(b), because Federal rehabilitation assistance is up to and including $5,000.
(b) If the total amount of Federal assistance for a dwelling unit is $6,000, and the hard costs of rehabilitation are $2,000, the lead-based paint requirements would be those described in 24 CFR 35.930(b). Although the total amount of Federal dollars is more than $5,000, only the $2,000 of that total can be applied to rehabilitation. Therefore, the Federal rehabilitation assistance is $2,000 which is not more than $5,000.
(c) If the total amount of Federal assistance for a unit is $6,000, and the hard costs of rehabilitation are $6,000, the lead-based paint requirements are those described in 24 CFR 35.930(c), because the amount of Federal rehabilitation assistance is more than $5,000 but not more than $25,000.
24 CFR 35.930 Evaluation and hazard reduction requirements.
(a) Paint testing. The grantee, participating jurisdiction, or CILP recipient shall either perform paint testing on the painted surfaces to be disturbed or replaced during rehabilitation activities, or presume that all these painted surfaces are coated with lead-based paint.
(b) Residential property receiving an average of up to and including $5,000 per unit in Federal rehabilitation assistance. Each grantee, participating jurisdiction, or CILP recipient shall:
(1) Conduct paint testing or presume the presence of lead-based paint, in accordance with paragraph (a) of this section. If paint testing indicates that the painted surfaces are not coated with lead-based paint, safe work practices and clearance are not required.
(2) Implement safe work practices during rehabilitation work in accordance with 24 CFR 35.1350 and repair any paint that is disturbed.
(3) After completion of any rehabilitation disturbing painted surfaces, perform a clearance examination of the worksite(s) in accordance with 24 CFR 35.1340. Clearance is not required if rehabilitation did not disturb painted surfaces of a total area more than that set forth in 24 CFR 35.1350(d).
(c) Residential property receiving an average of more than $5,000 and up to and including $25,000 per unit in Federal rehabilitation assistance. Each grantee, participating jurisdiction, or CILP recipient shall:
(1) Conduct paint testing or presume the presence of lead-based paint, in accordance with paragraph (a) of this section.
(2) Perform a risk assessment in the dwelling units receiving Federal assistance, in common areas servicing those units, and exterior painted surfaces, in accordance with 24 CFR 35.1320(b), before rehabilitation begins.
(3) Perform interim controls in accordance with 24 CFR 35.1330 of all lead-based paint hazards identified pursuant to paragraphs (c)(1) and (c)(2) of this section and any lead-based paint hazards created as a result of the rehabilitation work.
(d) Residential property receiving an average of more than $25,000 per unit in Federal rehabilitation assistance. Each grantee, participating jurisdiction, or CILP recipient shall:
(1) Conduct paint testing or presume the presence of lead-based paint in accordance with paragraph (a) of this section.
(2) Perform a risk assessment in the dwelling units receiving Federal assistance and in associated common areas and exterior painted surfaces in accordance with 24 CFR 35.1320(b) before rehabilitation begins.
(3) Abate all lead-based paint hazards identified by the paint testing or risk assessment conducted pursuant to paragraphs (d)(1) and (d)(2) of this section, and any lead-based paint hazards created as a result of the rehabilitation work, in accordance with 24 CFR 35.1325, except that interim controls are acceptable on exterior surfaces that are not disturbed by rehabilitation.
24 CFR 35.935 Ongoing lead-based paint maintenance activities.
In the case of a rental property receiving Federal rehabilitation assistance under the HOME program or the Flexible Subsidy-CILP program, the grantee, participating jurisdiction or CILP recipient shall require the property owner to incorporate ongoing lead-based paint maintenance activities into regular building operations, in accordance with 24 CFR 35.1355(a).
24 CFR 35.940 Special requirements for insular areas.
If a dwelling unit receiving Federal assistance under a program covered by this subpart is located in an insular area, the requirements of this section shall apply and the requirements of 24 CFR 35.930 shall not apply. All other sections of this subpart J shall apply. The insular area shall conduct the following activities for the dwelling unit, common areas servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is located:
(a) Residential property receiving an average of up to and including $5,000 per unit in Federal rehabilitation assistance. (1) Implement safe work practices during rehabilitation work in accordance with 24 CFR 35.1350 and repair any paint that is disturbed by rehabilitation.
(2) After completion of any rehabilitation disturbing painted surfaces, perform a clearance examination of the worksite(s) in accordance with 24 CFR 35.1340. Clearance shall be achieved before residents are allowed to occupy the worksite(s). Clearance is not required if rehabilitation did not disturb painted surfaces of a total area more than that set forth in 24 CFR 35.1350(d).
(b) Residential property receiving an average of more than $5,000 per unit in Federal rehabilitation assistance. (1) Before beginning rehabilitation, perform a visual assessment of all painted surfaces in order to identify deteriorated paint.
(2) Perform paint stabilization of each deteriorated paint surface and each painted surface being disturbed by rehabilitation, in accordance with Secs. 35.1330(a) and (b).
(3) After completion of all paint stabilization, perform a clearance examination of the affected dwelling units and common areas in accordance with 24 CFR 35.1340. Clearance shall be achieved before residents are allowed to occupy rooms or spaces in which paint stabilization has been performed.
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