1. (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.

2. (b) Applicability.

   1. (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. (2) For the purposes of the Section 8 tenant-based certificate program and the Section 8 voucher program:

      1. (i) The requirements of this subpart are applicable where an initial or periodic inspection occurs on or after September 15, 2000; and
      2. (ii) The PHA shall be the designated party.

   3. (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.):

      1. (i) The requirements of this subpart shall apply to activities for which program funds are first obligated on or after September 15, 2000; and
      2. (ii) The grantee shall be the designated party.

   4. (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:

      1. (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
      2. (ii) The grantee shall be the designated party.

   5. (5) For the purposes of the HOME program:

      1. (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
      2. (ii) The participating jurisdiction shall be the designated party.

   6. (6) For the purposes of the Indian Housing Block Grant program:

      1. (i) The requirements of this subpart shall apply to activities for which funds are first obligated on or after September 15, 2000; and
      2. (ii) The IHBG recipient shall be the designated party.
   7. (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.

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