24 C.F.R. § 35.925
§ 35.925 Examples of determining applicable requirements. (24 CFR Part 35)
Operative Text
The following examples illustrate how to determine whether the requirements of § 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 § 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 § 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 § 35.930(c), because the amount of Federal rehabilitation assistance is more than $5,000 but not more than $25,000. (d) If eight dwelling units in a residential property receive Federal rehabilitation assistance [symbol c in § 35.915(c)(2)] out of a total of 10 dwelling units [d], the total Federal assistance for the rehabilitation project is $300,000 [e], the total hard costs of rehabilitation for the dwelling units are $160,000 [a], and the total hard costs of rehabilitation for the common areas and exterior surfaces are $20,000 [b], then the lead-based paint requirements would be those described in § 35.930(c), because the level of Federal rehabilitation assistance is $22,000, which is not greater than $25,000. This is calculated as follows: The total Federal assistance per assisted unit is $37,500 (e/c = $300,000/8), the per unit hard costs of rehabilitation is $22,000 (a/c + b/d = $160,000/8 + $20,000/10), and the level of Federal rehabilitation assistance is the lesser of $37,500 and $22,000.
Section 35.925 of 24 CFR Part 35 provides worked examples that show how to calculate the correct tier of lead-based paint requirements for federally assisted rehabilitation projects. The key calculation compares the per-unit amount of Federal rehabilitation assistance — not total Federal dollars — against the thresholds set in § 35.930(b), (c), and (d). Only the portion of Federal funds that can actually be attributed to hard rehabilitation costs counts toward those thresholds, and in multi-unit properties a proportional allocation formula is used to arrive at the per-unit figure.
Plain English — not legal advice.
Property owners and managers receiving Federal rehabilitation assistance should understand that § 35.925 governs how the applicable lead-based paint compliance tier is determined, and that the calculation depends on per-unit hard rehabilitation costs rather than total Federal dollars received. Compliant operators typically document the total Federal assistance, the hard costs of rehabilitation for dwelling units and common areas, and the number of assisted versus total units so the § 35.930 threshold calculation can be verified. Keeping clear records of each of these figures — and applying the lesser-of comparison illustrated in § 35.925(d) for multi-unit projects — supports accurate determination of which lead-based paint requirements apply.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in properties undergoing federally assisted rehabilitation have protections under the lead-based paint rules triggered by § 35.925, which determines which tier of requirements under § 35.930 applies to their unit. If you believe the correct threshold was miscalculated and a higher level of lead-based paint work was required than what was performed, that concern can generally be raised with the Federal or local agency administering the assistance, or noted as a potential violation in any relevant housing complaint process. Tenant-rights organizations familiar with HUD regulations can help explain how the § 35.925 examples apply to a given project and what remedies may be available.
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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