24 C.F.R. § 35.725
§ 35.725 Section 8 Rent adjustments. (24 CFR Part 35)
Operative Text
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.
Under § 35.725, federal housing authorities have the discretion to increase the maximum allowable monthly rents for individual projects that receive Section 8 project-based assistance, specifically to help offset the costs of identifying and addressing lead-based paint hazards. This authority is not automatic — it depends on whether Congress has made appropriations available for amending Section 8 contracts, and it is evaluated on a project-by-project basis. The provision creates a potential funding pathway tied to lead hazard work, but does not guarantee that any particular project will receive an adjustment.
Plain English — not legal advice.
Owners and managers of properties with Section 8 project-based assistance contracts should be aware that § 35.725 establishes a mechanism through which HUD may approve rent adjustments to help cover lead-based paint hazard evaluation and reduction costs. Compliant operators typically document lead hazard assessment and remediation activities thoroughly, as project-specific review is required before any adjustment can be granted. Staying current with HUD guidance on contract amendment procedures and appropriations availability is a common practice for operators seeking to use this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 35.725 is relevant to tenants living in properties with Section 8 project-based assistance, because it governs how landlords may seek rent increases tied to lead-based paint hazard work — meaning any such adjustment must go through a HUD approval process rather than being applied unilaterally. Tenants who believe a rent change has been applied without proper authorization under this provision may have grounds to raise that concern with their local HUD field office or a housing authority. Tenant-rights organizations can help residents understand how this provision interacts with their lease terms and any notices they have received.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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