---
kind: "section"
citation: "24 C.F.R. § 35.1200"
title: "24"
number: "35.1200"
heading: "Purpose and applicability."
url: "https://uscodex.org/cfr/24/35.1200"
---

# §35.1200. Purpose and applicability.

- (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](/cfr/24/8.md) certificate program, the [Section 8](/cfr/24/8.md) 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](/usc/42/12901.md) 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](/usc/42/11402-11407.md)) 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](/cfr/24/92.2.md) 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.

## Notes

### Amendments

[64 FR 50216, Sept. 15, 1999; 65 FR 3387, Jan. 21, 2000]

### Source

Source: 64 FR 50216, Sept. 15, 1999, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 3535(d), 4821, and 4851.

### Amendments

[64 FR 50216, Sept. 15, 1999; 65 FR 3387, Jan. 21, 2000]