1、293 Office of the Secretary, HUD Pt. 35 (c) A copy of this part and of 24 CFR part 26, subpart B, shall be included with the complaint. (d) Service of the complaint. The com-plaint shall be served on the respond-ent by first class mail, personal deliv-ery, or other means. (e) Before taking an action
2、 under 30.35 for violation of 12 U.S.C. 1735f 14(b)(1)(D) or (F), 30.36, or 30.50 for vio-lation of 12 U.S.C. 1723i(b)(1)(G) or (I), the Secretary shall inform the Attor-ney General of the United States, which may be accomplished by pro-viding a copy of the complaint. The Secretary shall include in
3、the body of the complaint a statement confirming that this action was taken. 61 FR 50215, Sept. 24, 1996, as amended at 74 FR 2752, Jan. 15, 2009 30.90 Response to the complaint. (a) Request for a hearing. If the re-spondent desires a hearing before an administrative law judge, the respond-ent shall
4、 submit a request for a hearing to HUD and the Office of Administra-tive Law Judges no later than 15 days following receipt of the complaint, as required by statute. This mandated pe-riod cannot be extended. (b) Answer. In any case in which the respondent has requested a hearing, the respondent shal
5、l serve upon HUD and file with the Office of Administra-tive Law Judges a written answer to the complaint within 30 days of receipt of the complaint, unless such time is extended by the administrative law judge for good cause. The answer shall include the admission or denial of each allegation of li
6、ability made in the com-plaint; any defense on which the re-spondent intends to rely; any reasons why the civil money penalty should be less than the amount sought in the complaint, based on the factors listed at 30.80; and the name, address, and telephone number of the person who will act as the re
7、spondents representa-tive, if any. (c) Filing with the administrative law judges. HUD shall file the complaint and response with the Docket Clerk, Office of Administrative Law Judges, in accordance with 26.37 of this title. If no response is submitted, then HUD may file a motion for default judg-men
8、t, together with a copy of the com-plaint, in accordance with 26.39 of this title. 61 FR 50215, Sept. 24, 1996, as amended at 74 FR 2752, Jan. 15, 2009; 74 FR 7313, Feb. 17, 2009; 74 FR 4635, Jan. 26, 2009 30.95 Hearings. Hearings under this part shall be con-ducted in accordance with the proce-dure
9、s applicable to hearings in accord-ance with the Administrative Proce-dure Act, set forth in 24 CFR part 26. 74 FR 2752, Jan. 15, 2009 30.100 Settlement of a civil money penalty action. The officials listed at subpart B of this part, or their designees (or the Mortgagee Review Board, or designee, fo
10、r violations under 30.35), are author-ized to enter into settlement agree-ments resolving civil money penalty actions that may be brought under part 30. 74 FR 2752, Jan. 15, 2009 PART 35LEAD-BASED PAINT POI-SONING PREVENTION IN CER-TAIN RESIDENTIAL STRUCTURES Subpart ADisclosure of Known Lead- Based
11、 Paint Hazards Upon Sale or Lease of Residential Property Sec. 35.80 Purpose. 35.82 Scope and applicability. 35.84 Effective dates. 35.86 Definitions. 35.88 Disclosure requirements for sellers and lessors. 35.90 Opportunity to conduct an evaluation. 35.92 Certification and acknowledgment of disclosu
12、re. 35.94 Agent responsibilities. 35.96 Enforcement. 35.98 Impact on State and local require-ments. Subpart BGeneral Lead-Based Paint Re-quirements and Definitions for All Pro-grams 35.100 Purpose and applicability. 35.105 Effective dates. 35.106 Information collection requirements. 35.110 Definitio
13、ns. 35.115 Exemptions. 35.120 Options. 35.125 Notice of evaluation and hazard re-duction activities. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00303 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking
14、 permitted without license from IHS-,-,-294 24 CFR Subtitle A (4111 Edition) Pt. 35 35.130 Lead hazard information pamphlet. 35.135 Use of paint containing lead. 35.140 Prohibited methods of paint removal. 35.145 Compliance with Federal laws and au-thorities. 35.150 Compliance with other State, trib
15、al, and local laws. 35.155 Minimum requirements. 35.160 Waivers. 35.165 Prior evaluation or hazard reduction. 35.170 Noncompliance with the require-ments of subparts B through R. 35.175 Records. Subpart CDisposition of Residential Prop-erty Owned by a Federal Agency Other Than HUD 35.200 Purpose and
16、 applicability. 35.205 Definitions and other general require-ments. 35.210 Disposition of residential property constructed before 1960. 35.215 Disposition of residential property constructed after 1959 and before 1978. Subpart DProject-Based Assistance Pro-vided by a Federal Agency Other Than HUD 35
17、.300 Purpose and applicability. 35.305 Definitions and other general require-ments. 35.310 Notices and pamphlet. 35.315 Risk assessments. 35.320 Hazard reduction. 35.325 Child with an environmental inter-vention blood lead level. Subpart E Reserved Subpart FHUD-Owned Single Family Property 35.500 Pu
18、rpose and applicability. 35.505 Definitions and other general require-ments. 35.510 Required procedures. Subpart GMultifamily Mortgage Insurance 35.600 Purpose and applicability. 35.605 Definitions and other general require-ments. 35.610 Exemption. 35.615 Notices and pamphlet. 35.620 Multifamily ins
19、ured property con-structed before 1960. 35.625 Multifamily Insured Property con-structed after 1959 and before 1978. 35.630 Conversions and Major Rehabili-tations. Subpart HProject-Based Assistance 35.700 Purpose and applicability. 35.705 Definitions and other general require-ments. 35.710 Notices a
20、nd pamphlet. 35.715 Multifamily properties receiving more than $5,000 per unit. 35.720 Multifamily properties receiving up to $5,000 per unit, and single-family prop-erties. 35.725 Section 8 rent adjustments. 35.730 Child with an environmental inter-vention blood lead level. Subpart IHUD-Owned and M
21、ortgagee-in- Possession Multifamily Property. 35.800 Purpose and applicability. 35.805 Definitions and other general require-ments. 35.810 Notices and pamphlet. 35.815 Evaluation. 35.820 Interim controls. 35.825 Ongoing lead-based paint mainte-nance and reevaluation. 35.830 Child with an environment
22、al inter-vention blood lead level. Subpart JRehabilitation 35.900 Purpose and applicability. 35.905 Definitions and other general require-ments. 35.910 Notices and pamphlet. 35.915 Calculating Federal rehabilitation as-sistance. 35.920 Reserved 35.925 Examples of determining applicable requirements.
23、 35.930 Evaluation and hazard reduction re-quirements. 35.935 Ongoing lead-based paint mainte-nance activities. 35.940 Special requirements for insular areas. Subpart KAcquisition, Leasing, Support Services, or Operation. 35.1000 Purpose and applicability. 35.1005 Definitions and other general re-qu
24、irements. 35.1010 Notices and pamphlet. 35.1015 Visual assessment, paint stabiliza-tion, and maintenance. 35.1020 Funding for evaluation and hazard reduction. Subpart LPublic Housing Programs 35.1100 Purpose and applicability. 35.1105 Definitions and other general re-quirements. 35.1110 Notices and
25、pamphlet. 35.1115 Evaluation. 35.1120 Hazard reduction. 35.1125 Evaluation and hazard reduction be-fore acquisition and development. 35.1130 Child with an environmental inter-vention blood lead level. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00304 Fmt 8010 Sfmt 8010 Y:SGML223077.XX
26、X 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-295 Office of the Secretary, HUD 35.84 35.1135 Eligible costs. 35.1140 Insurance coverage. Subpart MTenant-Based Rental Assistance 35.1200 Purpose and applicabi
27、lity. 35.1205 Definitions and other general re-quirements. 35.1210 Notices and pamphlet. 35.1215 Activities at initial and periodic in-spections. 35.1220 Ongoing lead-based paint mainte-nance activities. 35.1225 Child with an environmental inter-vention blood lead level. Subparts NQ Reserved Subpart
28、 RMethods and Standards for Lead-Based Paint Hazard Evaluation and Hazard Reduction Activities. 35.1300 Purpose and applicability. 35.1305 Definitions and other general re-quirements. 35.1310 References. 35.1315 Collection and laboratory analysis of samples. 35.1320 Lead-based paint inspections, pai
29、nt testing, risk assessments, lead-hazard screens, and reevaluations. 35.1325 Abatement. 35.1330 Interim controls. 35.1335 Standard treatments. 35.1340 Clearance. 35.1345 Occupant protection and worksite preparation. 35.1350 Safe work practices. 35.1355 Ongoing lead-based paint mainte-nance and reev
30、aluation activities. AUTHORITY: 42 U.S.C. 3535(d), 4821, and 4851. Subpart ADisclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards Upon Sale or Lease of Resi-dential Property SOURCE: 61 FR 9082, Mar. 6, 1996, unless oth-erwise noted. Redesignated at 64 FR 50201, Sept. 15, 1999. 35.80 P
31、urpose. This subpart implements the provi-sions of 42 U.S.C. 4852d, which impose certain requirements on the sale or lease of target housing. Under this sub-part, a seller or lessor of target hous-ing shall disclose to the purchaser or lessee the presence of any known lead- based paint and/or lead-b
32、ased paint hazards; provide available records and reports; provide the purchaser or lessee with a lead hazard information pam-phlet; give purchasers a 10-day oppor-tunity to conduct a risk assessment or inspection; and attach specific disclo-sure and warning language to the sales or leasing contract
33、 before the pur-chaser or lessee is obligated under a contract to purchase or lease target housing. 35.82 Scope and applicability. This subpart applies to all trans-actions to sell or lease target housing, including subleases, with the exception of the following: (a) Sales of target housing at fore-
34、closure. (b) Leases of target housing that have been found to be lead-based paint free by an inspector certified under the Federal certification program or under a federally accredited State or tribal certification program. Until a Federal certification program or federally ac-credited State certifi
35、cation program is in place within the State, inspectors shall be considered qualified to conduct an inspection for this purpose if they have received certification under any existing State or tribal inspector cer-tification program. The lessor has the option of using the results of addi-tional test(
36、s) by a certified inspector to confirm or refute a prior finding. (c) Short-term leases of 100 days or less, where no lease renewal or exten-sion can occur. (d) Renewals of existing leases in tar-get housing in which the lessor has pre-viously disclosed all information re-quired under 35.88 and wher
37、e no new information described in 35.88 has come into the possession of the lessor. For the purposes of this paragraph, re-newal shall include both renegotiation of existing lease terms and/or ratifica-tion of a new lease. 35.84 Effective dates. The requirements in this subpart take effect in the fo
38、llowing manner: (a) For owners of more than four resi-dential dwellings, the requirements shall take effect on September 6, 1996. (b) For owners of one to four residen-tial dwellings, the requirements shall take effect on December 6, 1996. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 0
39、0305 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-296 24 CFR Subtitle A (4111 Edition) 35.86 35.86 Definitions. The following definitions apply to this subpart. The Act me
40、ans the Residential Lead- Based Paint Hazard Reduction Act of 1992, 42 U.S.C. 4852d. Agent means any party who enters into a contract with a seller or lessor, including any party who enters into a contract with a representative of the seller or lessor, for the purpose of sell-ing or leasing target h
41、ousing. This term does not apply to purchasers or any purchasers representative who re-ceives all compensation from the pur-chaser. Available means in the possession of or reasonably obtainable by the seller or lessor at the time of the disclosure. Common area means a portion of a building generally
42、 accessible to all residents/users including, but not lim-ited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, and boundary fences. Contract for the purchase and sale of residential real property means any con-tract or agreement in which one party agrees to p
43、urchase an interest in real property on which there is situated one or more residential dwellings used or occupied, or intended to be used or oc-cupied, in whole or in part, as the home or residence of one or more persons. EPA means the Environmental Pro-tection Agency. Evaluation means a risk asses
44、sment and/or inspection. Foreclosure means any of the various methods, statutory or otherwise, known in different jurisdictions, of en-forcing payment of a debt, by the tak-ing and selling of real property. Housing for the elderly means retire-ment communities or similar types of housing reserved fo
45、r households com-posed of one or more persons 62 years of age or more at the time of initial oc-cupancy. Inspection means: (1) A surface-by-surface investigation to determine the presence of lead-based paint as provided in section 302(c) of the Lead-Based Paint Poisoning and Prevention Act 42 U.S.C.
46、 4822, and (2) The provision of a report explain-ing the results of the investigation. Lead-based paint means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight. Lead-based paint free housing means target housing th
47、at has been found to be free of paint or other surface coat-ings that contain lead equal to or in excess of 1.0 milligram per square cen-timeter or 0.5 percent by weight. Lead-based paint hazard means any condition that causes exposure to lead from lead-contaminated dust, lead-con-taminated soil, or
48、 lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as estab-lished by the appropriate Federal agen-cy. Lessee means any entity that enters into an agreement to lease, rent, or sublea
49、se target housing, including but not limited to individuals, partner-ships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations. Lessor means any entity that offers target housing for lease, rent, or sub-lease, including but not limited to indi-viduals, partnerships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations. Owner means any
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