24 C.F.R. § 35.900

§ 35.900 Purpose and applicability. (24 CFR Part 35)

In Force
Verified 8/21/2026 · Next check 9/20/2026
effective 8/21/2026FederalAffordable Housing Programs

Operative Text

24 C.F.R. § 35.900
(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 § 92.2 of this title before September 15, 2000. Such projects shall be subject to the requirements of § 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 (§ 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.
Source: Legislative text reproduced verbatim
Plain English

Section 35.900 establishes the scope and purpose of Subpart J of 24 CFR Part 35, which sets out procedures for reducing lead-based paint hazards in residential properties receiving federal rehabilitation assistance administered by HUD. The rule does not apply to project-based rental assistance, rehabilitation mortgage insurance, or public housing assistance. Applicability to specific grant programs — including HOME, CDBG, HOPWA, and others — depends on when funds were first obligated or grants were awarded, with September 15, 2000 serving as the general effective date threshold.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 4, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers receiving HUD-administered federal rehabilitation assistance should determine whether their funding falls within the scope of § 35.900 by identifying the specific grant program involved and the date funds were obligated or awarded. For most covered programs, compliance obligations under Subpart J attach to activities funded on or after September 15, 2000; earlier commitments may be governed by prior regulations. Grantees operating under § 35.900 should also be aware that responsibilities under this subpart may be delegated to a subrecipient or other entity, meaning the party directly managing rehabilitation work may bear the lead-based paint compliance duties.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants living in residential properties undergoing federally assisted rehabilitation may have protections under § 35.900 if the property receives HUD-administered rehabilitation funding covered by Subpart J. This provision establishes that lead-based paint hazard reduction procedures apply to such projects, which can be relevant if a tenant believes those procedures were not followed. Tenants who have concerns about lead-based paint hazards in a federally assisted rehabilitation project may wish to contact the relevant HUD program office, a local housing authority, or a tenant-rights organization to understand what obligations apply to their specific building.

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.

Effective Timeline

Current
Aug 21, 2026
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Related Rules

§ 1437
Declaration of policy and public housing agency organization
§ 5.100
§ 5.100 Definitions.
§ 5.107
§ 5.107 Audit requirements for non-profit organizations.

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