24 C.F.R. § 35.100
§ 35.100 Purpose and applicability. (24 CFR Part 35)
Operative Text
(a) Purpose. The requirements of subparts B through R of this part are promulgated to implement the Lead-Based Paint Poisoning Prevention Act, as amended (42 U.S.C. 4821 et seq.), and the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.). (b) Applicability—(1) This subpart. This subpart applies to all target housing that is federally owned and target housing receiving Federal assistance to which subparts C, D, F through M, and R of this part apply, except where indicated. (2) Other subparts—(i) General. Subparts C, D, and F through M of this part each set forth requirements for a specific type of Federal housing activity or assistance, such as multifamily mortgage insurance, project-based rental assistance, rehabilitation, or tenant-based rental assistance. Subpart R of this part provides standards and methods for activities required in subparts B, C, D, and F through M of this part. (ii) Application to programs. Most HUD housing programs are covered by only one subpart of this part, but some programs can be used for more than one type of assistance and therefore are covered by more than one subpart of this part. A current list of programs covered by each subpart of this part is available on the internet at www.hud.gov, or by mail from the National Lead Information Center at 1-800-424-LEAD. Examples of flexible programs that can provide more than one type of assistance are the HOME Investment Partnerships program, the Community Development Block Grant program, and the Indian Housing Block Grant Program. Grantees, participating jurisdictions, Indian tribes and other entities administering such flexible programs must decide which subpart applies to the type of assistance being provided to a particular dwelling unit or residential property. (iii) Application to dwelling units. In some cases, more than one type of assistance may be provided to the same dwelling unit. In such cases, the subpart or section with the most protective initial hazard reduction requirements applies. Paragraph (c) of this section provides a table that lists the subparts and sections of this part in order from the most protective to the least protective. (This list is based only on the requirements for initial hazard reduction. The summary of requirements on this list is not a complete list of requirements. It is necessary to refer to the applicable subparts and sections to determine all applicable requirements.) (iv) Example. A multifamily building has 100 dwelling units and was built in 1965. The property is financed with HUD multifamily mortgage insurance. This building is covered by subpart G of this part (see § 35.625—Multifamily mortgage insurance for properties constructed after 1959), which is at protectiveness level 5 in the table set forth in paragraph (c) of this section. In the same building, however, 50 of the 100 dwelling units are receiving project-based assistance, and the average annual assistance per assisted unit is $5,500. Those 50 units, and common areas servicing those units, are covered by the requirements of subpart H of this part (see § 35.715—Project-based assistance for multifamily properties receiving more than $5,000 per unit), which are at protectiveness level 3. Therefore, because level 3 is a higher level of protectiveness than level 5, the units receiving project-based assistance, and common areas servicing those units, must comply at level 3, while the rest of the building can be operated at level 5. The owner may choose to operate the entire building at level 3 for simplicity. (c) Table One. The following table lists the subparts and sections of this part applying to HUD programs in order from most protective to least protective hazard reduction requirements. The summary of hazard reduction requirements in this table is not complete. Readers must refer to relevant subpart for complete requirements. Level of protection Subpart, section, and type of assistance Hazard reductionrequirements 1 Subpart L, Public housing. Subpart G, § 35.630, Multifamily mortgage insurance for conversions and major rehabilitations Full abatement of lead-based paint. 2 Subpart J, § 35.930(d), Properties receiving more than $25,000 per unit in rehabilitation assistance Abatement of lead-based paint hazards. 3 Subpart G, § 35.620, Multifamily mortgage insurance for properties constructed before 1960, other than conversions and major rehabilitations. Subpart H, § 35.715, Project-based assistance for multifamily properties receiving more than $5,000 per unit. Subpart I, HUD-owned multifamily property. Subpart J, § 35.930(c), Properties receiving more than $5,000 and up to $25,000 per unit in rehabilitation assistance Interim controls. 4 Subpart F, HUD-owned single family properties. Subpart H, § 35.720, Project-based rental assistance for multifamily properties receiving up to $5,000 per unit and single family properties. Subpart K, Acquisition, leasing, support services, or operation. Subpart M, Tenant-based rental assistance Paint stabilization. 5 Subpart G, § 35.625, Multifamily mortgage insurance for properties constructed after 1959 Ongoing lead-based paint maintenance. 6 Subpart J, § 35.930(b), Properties receiving up to and including $5,000 in rehabilitation assistance Safe work practices during rehabilitation.
Section 35.100 establishes the purpose and scope of the federal lead-based paint regulations found throughout 24 CFR Part 35, which were created to carry out two major federal laws aimed at reducing lead-based paint hazards in housing. The rule applies to federally owned target housing and target housing that receives federal assistance, with different subparts covering different types of federal housing programs and activities. When a single dwelling unit qualifies under more than one subpart, § 35.100(b)(iii) directs that the subpart with the most protective hazard reduction requirements governs, and Table One in § 35.100(c) ranks all covered subparts from most to least protective to help determine which standard applies.
Plain English — not legal advice.
Operators of federally assisted or federally owned housing should be aware that § 35.100 sets the framework for determining which lead-based paint requirements apply to their properties. Because some HUD programs—such as HOME, CDBG, and the Indian Housing Block Grant Program—can provide more than one type of assistance, administrators must identify which subpart of Part 35 governs each specific dwelling unit or property. Where multiple subparts could apply to the same unit, compliant operators generally identify the most protective level using Table One in § 35.100(c) and ensure their hazard reduction activities meet that standard, though choosing to operate an entire building at the highest applicable level of protection is also permitted.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in federally owned or federally assisted housing are protected by the lead-based paint hazard reduction requirements established under § 35.100, which sets a baseline rule that the most protective standard applies whenever a unit qualifies under more than one federal program. This means residents in buildings receiving multiple types of federal assistance may be entitled to a higher level of lead hazard reduction than the minimum that would otherwise apply. Tenants who believe their housing may not be meeting the applicable requirements under 24 CFR Part 35 can contact HUD directly, reach out to the National Lead Information Center at 1-800-424-LEAD, or connect with a local tenant-rights organization to better understand available options.
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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