24 C.F.R. § 35.930
§ 35.930 Evaluation and hazard reduction requirements. (24 CFR Part 35)
Operative Text
(a) Paint testing. The grantee or participating jurisdiction 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 or participating jurisdiction 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 § 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 § 35.1340. Clearance is not required if rehabilitation did not disturb painted surfaces of a total area more than that set forth in § 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 or participating jurisdiction 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 § 35.1320(b), before rehabilitation begins. (3) Perform interim controls in accordance with § 35.1330 of all lead-based paint hazards identified pursuant to paragraphs (c)(1) and (c)(2) of this section. (4) Implement safe work practices during rehabilitation work in accordance with § 35.1350 and repair any paint that is disturbed and is known or presumed to be lead-based paint. (d) Residential property receiving an average of more than $25,000 per unit in Federal rehabilitation assistance. Each grantee or participating jurisdiction 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 § 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, in accordance with § 35.1325, except that interim controls are acceptable on exterior surfaces that are not disturbed by rehabilitation and on paint-lead hazards that have an area smaller than the de minimis limits of § 35.1350(d). If abatement of a paint-lead hazard is required, it is necessary to abate only the surface area with hazardous conditions. (4) Implement safe work practices during rehabilitation work in accordance with § 35.1350 and repair any paint that is disturbed and is known or presumed to be lead-based paint.
Under 24 CFR Part 35 § 35.930, federally assisted residential rehabilitation projects must address lead-based paint hazards in a manner that scales with the level of federal funding involved. At the lowest funding tier (up to $5,000 per unit), safe work practices and a post-work clearance examination are generally required. As funding increases into the middle tier (over $5,000 up to $25,000 per unit), a pre-rehabilitation risk assessment and interim controls for identified hazards are added to those baseline requirements. At the highest tier (over $25,000 per unit), full abatement of identified lead-based paint hazards is generally required, with limited exceptions for certain exterior surfaces and small-area hazards.
Plain English — not legal advice.
Property owners and managers participating in federally assisted rehabilitation programs should be aware that § 35.930 places the compliance obligations primarily on the grantee or participating jurisdiction administering the federal funds, but the requirements directly affect how work is conducted on the property. Compliant operators typically ensure that paint testing or a lead-based paint presumption is documented before work begins, that contractors follow safe work practices aligned with the applicable funding tier, and that any required risk assessments, interim controls, or abatement activities are completed and cleared before the worksite is considered finished. Keeping thorough records of testing results, risk assessments, and clearance examinations is a practice commonly associated with meeting the tiered obligations set out in § 35.930.
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 an interest in knowing that § 35.930 establishes protections tied to how much federal money is being spent on the project, including requirements for lead hazard identification and control before and during the work. If you believe the grantee or participating jurisdiction has not followed the evaluation or hazard reduction steps required under § 35.930, you may have grounds to raise that concern with the administering agency, a local HUD office, or a tenant-rights organization familiar with federal housing programs. Documenting the condition of your unit before, during, and after rehabilitation work can be a useful step when exploring whether the requirements of § 35.930 were properly followed.
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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