24 C.F.R. § 35.940
§ 35.940 Special requirements for insular areas. (24 CFR Part 35)
Operative Text
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 § 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 § 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 § 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 § 35.1350(b). (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 § 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 § 35.1340. Clearance shall be achieved before residents are allowed to occupy rooms or spaces in which paint stabilization has been performed.
Under 24 CFR Part 35 § 35.940, federally assisted dwelling units located in insular areas follow a distinct set of lead-based paint requirements instead of those in § 35.930. When rehabilitation assistance averages $5,000 or less per unit, safe work practices and post-work clearance examinations are required before residents may reoccupy disturbed worksites. When assistance exceeds $5,000 per unit, the rule additionally requires a pre-rehabilitation visual assessment of all painted surfaces, paint stabilization of deteriorated or disturbed surfaces, and clearance of affected spaces before reoccupancy.
Plain English — not legal advice.
Operators managing federally assisted properties in insular areas under § 35.940 generally document whether per-unit rehabilitation assistance falls above or below the $5,000 threshold, since that figure determines which set of paint-safety activities applies. Compliant operators ensure that clearance examinations are completed and clearance is achieved before allowing residents back into rehabilitated spaces, and for higher-assistance projects they also conduct pre-work visual assessments and perform paint stabilization on all deteriorated or disturbed surfaces.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 35.940, residents of federally assisted units in insular areas are entitled to have lead-safe work practices followed during rehabilitation and to have clearance achieved before they are required to reoccupy any rehabilitated space. If you believe these protections were not followed, options generally include raising the violation with the administering federal or local agency, contacting a tenant-rights organization familiar with HUD regulations, or consulting an attorney about available remedies.
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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