§ 35.925. Examples of determining applicable requirements.
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/us/cfr/t24/s§ 35.925·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The following examples illustrate how to determine whether the requirements of § 35.930(b), (c), or
(d)apply to a dwelling unit receiving Federal rehabilitation assistance (dollar amounts are on a per unit basis):
(a)If the total amount of Federal assistance for a dwelling is \$2,000, and the hard costs of rehabilitation are \$10,000, the lead-based paint requirements would be those described in § 35.930(b), because Federal rehabilitation assistance is up to and including \$5,000.
(b)If the total amount of Federal assistance for a dwelling unit is \$6,000, and the hard costs of rehabilitation are \$2,000, the lead-based paint requirements would be those described in § 35.930(b). Although the total amount of Federal dollars is more than \$5,000, only the \$2,000 of that total can be applied to rehabilitation. Therefore, the Federal rehabilitation assistance is \$2,000 which is not more than \$5,000.
(c)If the total amount of Federal assistance for a unit is \$6,000, and the hard costs of rehabilitation are \$6,000, the lead-based paint requirements are those described in § 35.930(c), because the amount of Federal rehabilitation assistance is more than \$5,000 but not more than \$25,000.
(d)If eight dwelling units in a residential property receive Federal rehabilitation assistance \[symbol c in § 35.915(c)(2)\] out of a total of 10 dwelling units \[d\], the total Federal assistance for the rehabilitation project is \$300,000 \[e\], the total hard costs of rehabilitation for the dwelling units are \$160,000 \[a\], and the total hard costs of rehabilitation for the common areas and exterior surfaces are \$20,000 \[b\], then the lead-based paint requirements would be those described in § 35.930(c), because the level of Federal rehabilitation assistance is \$22,000, which is not greater than \$25,000. This is calculated as follows: The total Federal assistance per assisted unit is \$37,500 (e/c = \$300,000/8), the per unit hard costs of rehabilitation is \$22,000 (a/c + b/d = \$160,000/8 + \$20,000/10), and the level of Federal rehabilitation assistance is the lesser of \$37,500 and \$22,000. \[64 FR 50212, Sept. 15, 1999, as amended at 69 FR 34272, June 21, 2004\]