24 C.F.R. § 35.915
§ 35.915 Calculating Federal rehabilitation assistance. (24 CFR Part 35)
Operative Text
(a) Applicability. This section applies to recipients of Federal rehabilitation assistance. (b) Rehabilitation assistance. (1) Lead-based paint requirements for rehabilitation fall into three categories that depend on the amount of Federal rehabilitation assistance provided. The three categories are: (i) Assistance of up to and including $5,000 per unit; (ii) Assistance of more than $5,000 per unit up to and including $25,000 per unit; and (iii) Assistance of more than $25,000 per unit. (2) For purposes of implementing §§ 35.930 and 35.935, the amount of rehabilitation assistance is the lesser of two amounts: the average Federal assistance per assisted dwelling unit and the average per unit hard costs of rehabilitation. Federal assistance includes all Federal funds assisting the project, regardless of the use of the funds. Federal funds being used for acquisition of the property are to be included as well as funds for construction, permits, fees, and other project costs. The hard costs of rehabilitation include all hard costs, regardless of source, except that the costs of lead-based paint hazard evaluation and hazard reduction activities are not to be included. Costs of site preparation, occupant protection, relocation, interim controls, abatement, clearance, and waste handling attributable to compliance with the requirements of this part are not to be included in the hard costs of rehabilitation. All other hard costs are to be included, regardless of whether the source of funds is Federal or non-Federal, public or private. (c) Calculating rehabilitation assistance in properties with both assisted and unassisted dwelling units. For a residential property that includes both federally assisted and non-assisted units, the rehabilitation costs and Federal assistance associated with non-assisted units are not included in the calculations of the average per unit hard costs of rehabilitation and the average Federal assistance per unit. (1) The average per unit hard costs of rehabilitation for the assisted units is calculated using the following formula: Per Unit Hard Costs of Rehabilitation $ = (a/c) + (b/d) a = Rehabilitation hard costs for all assisted units (not including common areas and exterior surfaces) b = Rehabilitation hard costs for common areas and exterior painted surfaces c = Number of federally assisted units d = Total number of units (2) The average Federal assistance per assisted dwelling unit is calculated using the following formula: Per unit Federal assistance = e/c e = Total Federal assistance for the project c = Number of federally assisted units
Section 35.915 establishes how the amount of federal rehabilitation assistance per dwelling unit is calculated for purposes of determining which lead-based paint requirements apply under 24 CFR Part 35. The controlling figure is the lesser of two averages: average federal funds per assisted unit and average per-unit hard rehabilitation costs — with lead-based paint hazard evaluation and reduction costs excluded from the hard-cost side. Three funding tiers — up to $5,000, $5,001–$25,000, and above $25,000 per unit — then determine which level of lead-based paint obligations a project must meet. In mixed properties with both assisted and unassisted units, only the costs and funding tied to the assisted units factor into these averages.
Plain English — not legal advice.
Operators receiving federal rehabilitation funds should understand that § 35.915 sets the method for determining which lead-based paint compliance tier governs their project, and that tier is driven by a calculated per-unit figure rather than total project dollars. A compliant operator generally tracks federal assistance across all funding sources — including acquisition, construction, permits, and fees — and separately accounts for hard rehabilitation costs while excluding lead hazard evaluation and reduction expenses from that cost pool. For mixed properties, compliant practice involves maintaining clear records that separate assisted-unit costs and funding from those attributable to unassisted units, since only the assisted-unit figures enter the averaging formulas under § 35.915.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants living in federally assisted housing undergoing rehabilitation, § 35.915 is the provision that determines how much lead-based paint protection the project must provide — higher per-unit assistance generally triggers more protective requirements. If a tenant believes the correct funding tier was not applied or that required lead-based paint work was skipped, options generally include raising the issue with the administering federal agency, contacting a local HUD office, or reaching out to a tenant-rights or fair-housing organization familiar with § 35.915 and the broader Part 35 framework. Tenants may also be able to raise a violation of these requirements as a defense or claim in relevant legal or administrative proceedings.
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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