24 C.F.R. § 35.1200
§ 35.1200 Purpose and applicability. (24 CFR Part 35)
Operative Text
(a) Purpose. The purpose of this subpart M is to establish procedures to eliminate as far as practicable lead-based paint hazards in housing occupied by families receiving tenant-based rental assistance. Such assistance includes tenant-based rental assistance under the Section 8 certificate program, the Section 8 voucher program, the HOME program, the Shelter Plus Care program, the Housing Opportunities for Persons With AIDS (HOPWA) program, and the Indian Housing Block Grant program. Tenant-based rental assistance means rental assistance that is not attached to the structure. (b) Applicability. (1) This subpart applies only to dwelling units occupied or to be occupied by families or households that have one or more children of less than 6 years of age, common areas servicing such dwelling units, and exterior painted surfaces associated with such dwelling units or common areas. Common areas servicing a dwelling unit include those areas through which residents pass to gain access to the unit and other areas frequented by resident children of less than 6 years of age, including on-site play areas and child care facilities. (2) For the purposes of the Section 8 tenant-based certificate program and the Section 8 voucher program: (i) The requirements of this subpart are applicable where an initial or periodic inspection occurs on or after September 15, 2000; and (ii) The PHA shall be the designated party. (3) For the purposes of formula grants awarded under the Housing Opportunities for Persons with AIDS Program (HOPWA) (42 U.S.C. 12901 et seq.): (i) The requirements of this subpart shall apply to activities for which program funds are first obligated on or after September 15, 2000; and (ii) The grantee shall be the designated party. (4) For the purposes of competitively awarded grants under the HOPWA Program and the Shelter Plus Care program (42 U.S.C. 11402-11407) tenant-based rental assistance component: (i) The requirements of this subpart shall apply to grants awarded pursuant to Notices of Funding Availability published on or after September 15, 2000; and (ii) The grantee shall be the designated party. (5) For the purposes of the HOME program: (i) The requirements of this subpart shall not apply to funds which are committed in accordance with § 92.2 of this title before September 15, 2000; and (ii) The participating jurisdiction shall be the designated party. (6) For the purposes of the Indian Housing Block Grant program: (i) The requirements of this subpart shall apply to activities for which funds are first obligated on or after September 15, 2000; and (ii) The IHBG recipient shall be the designated party. (7) The housing agency, grantee, participating jurisdiction, or IHBG recipient may assign to a subrecipient or other entity the responsibilities of the designated party in this subpart.
Section 35.1200 establishes the scope and purpose of federal lead-based paint hazard rules that apply specifically to housing occupied by families using tenant-based rental assistance — meaning rental subsidies that follow the tenant rather than being tied to a particular building. Under § 35.1200(b), the rules are triggered only when a household includes at least one child under six years old, and they cover the dwelling unit itself, common areas residents pass through, and exterior painted surfaces connected to those spaces. The provision also identifies which program-specific entity — such as a Public Housing Authority, grantee, or participating jurisdiction — serves as the "designated party" responsible for compliance, and sets September 15, 2000 as the general effective date across covered programs.
Plain English — not legal advice.
Property owners whose units are rented through tenant-based assistance programs such as Section 8 vouchers or HOME funds should be aware that § 35.1200 activates lead-based paint hazard requirements whenever a household with a child under six occupies or will occupy the unit. Compliant operators typically ensure that inspections, disclosures, and hazard-reduction activities are coordinated with the designated party — the PHA, grantee, or participating jurisdiction — identified under § 35.1200(b). Keeping records of inspection dates and any hazard-reduction work performed helps demonstrate that obligations arising under this subpart were met at the appropriate program trigger point.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Families with children under six who receive tenant-based rental assistance have protections under § 35.1200 designed to reduce lead-based paint hazards in their homes, including in common areas and exterior surfaces they regularly use. If a household believes the designated party — such as a PHA or program grantee — has not fulfilled its responsibilities under this subpart, options generally include raising the issue directly with that agency, contacting HUD's local field office, or reaching out to a tenant-rights or fair housing organization for guidance. Understanding which entity serves as the "designated party" for a specific program, as outlined in § 35.1200(b), can help a household identify the right point of contact when concerns arise.
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
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