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' 11964 Federal Register / Vol. 61, No. 57 / Friday, March 22, 1996 / Rules and Regulations 17
<br /> paint in accordant with the fol wing to protect tenants from hazards replacement of capital items).All
<br /> requirements: associated with abatement proc ures. functions must be performed in
<br /> (1)A defective int surfac hall be (8)The Owner(or Borrower f compliance with equal opportunity
<br /> treated if the to 1 area of de tive paint applicable)must keep a cop of each requirements.
<br /> on a compone t is: inspection report for at le t three years. (c) Contracting for services. (1)With
<br /> (A)More t an 10 squat feet on an If a unit requires testin or treatment of HUD approval,the Owner may contract
<br /> exterior wa chewable surfaces ba on the testing, with a private or public entity for
<br /> (B)Mor than 2 squ feet on an the Owner must ke the test results, performance of the services or duties
<br /> interior exterior co ponent with and,if applicable he certification of required in paragraphs(a)and(b)of this
<br /> large su ace area,ex uding extert r treatment rode itely.The records must section.However,such an arrangement
<br /> walls d includin but not limi d to, indicate whi chewable surfaces in the does not relieve the Owner of
<br /> ceili s,floors,do rs,and inte r units have en tested or treated.If responsibility for these services and
<br /> wal ;or records a ablish that certain chewable duties.All such contracts are subject to
<br /> )More than 0 percent o he total surfac ere tested,or tested and the restrictions governing prohibited
<br /> s ace area o an interior o exterior treate ,in accordance with the contractual relationships described in
<br /> mponent w th a small s ace area, sta ards prescribed In this section, §891.130. (These prohibitions do not
<br /> ncluding,b t not limite to,window t e surfaces do not have to be tested extend to management contracts entered
<br /> sills,base ards and tri treated at any subsequent time. into by the Owner with the Sponsor or
<br /> (11)Acc table meth s of trea nt its nonprofit affiliate.)
<br /> are:rem al by wet aping,wet Subpart D—Project Management (2)Consistent with the ob'ectives of
<br /> sandin ,chemical s ipping on o off §ggt,gpp Responsibilities of Owner. Executive Order No. 11625?36 FR
<br /> site,r lacing poi ed compon ts, 19967,3 CFR, 1971-1975 Comp.,p.616;
<br /> sera ng with inf -red or coil a heat (a)Marketing. (1)The Owner must as amended by Executive Order No.
<br /> se th tempe lures below, 1100 commence and continue diligent 12007 (42 FR 42839,3 CFR, 1977
<br /> de ees, to atu es sa in ,HEPA marketing activities not later than 90 Comp.,p. 139));Executive Order No.
<br /> 8 days before the anticipated date of 12432 (48 FR 32551,3 CFR, 1983
<br /> v cuum need gun,conta ed availability of the first unit or Comp.,p. 198);and Executive Order No.
<br /> ydroblasti or high pr ure wash occupancy of the group home.Market 12138(44 FR 29637,3 CFR. 1979
<br /> with HEP vacuum,a abrasive activities shall include the provision of Comp.,p.393;as amended by Executive
<br /> sandblas with HE P vacuum. notices of the availability of housing Order No. 12608(52 FR 34617,3 CFR,
<br /> Surface must be cov ed with du le under the program to operators of 1987 Comp..p.245)),the Owner will
<br /> maters s with join and edges se ed temporary housing for the homeless in promote awareness and participation of
<br /> and ulked as n ed to pre ve the the same housing market. minority and women's business
<br /> esc a of lead co aminated d t. (2)Marketing must be done in enterprises in contracting and
<br /> i1)Prohibit methods of r oval accordance with a HUD-approved procurement activities.
<br /> a :open flam min or t Ching; affirmative fair housing marketing plan (d)Submission of financial and
<br /> achine san ng or grindi without a and all Federal,State or local fair operating statements.The Owner must
<br /> HEPA exha t;uncontain housing and equal opportunity submit to HUD:
<br /> hydroblast g or high pr ure wash; requirements.The purpose of the plan (1)Within 60 days after the end of
<br /> and dry s ping excep ound and requirements is to achieve a each fiscal year of project operations,
<br /> electric outlets or ex pt when condition in which eligible households financial statements for the project
<br /> treatin defective pal t spots no more of similar income levels in the same audited by an independent public
<br /> than square fee n any one ante r housing market area have a like range of accountant and in the form required by
<br /> roo or space(hal ay,pantry,etc or housing choices available to them HUD;and
<br /> tot ling no more han twenty squ a regardless of discriminatory (2)Other statements regarding project
<br /> fe t on exterior rfaces. considerations such as their race,color, operation,financial conditions and
<br /> (iv)During a erior treatmen soil creed,religion,familial status, occupancy as HUD may require to
<br /> and playgrou d equipment m st be disability,sex or national origin. administer the PRAC and to monitor
<br /> protected fr contaminatio . (3)At the time of PRAC execution.the project operations.
<br /> (v)All tr atment procedu es must be Owner must submit to HUD a list of (e) Use of project funds.The Owner
<br /> conclude with a thoroug cleaning of leased and unleased assisted units(or in shall maintain a separate interest
<br /> all surfa in the room area of the case of a group home,leased and bearing project fund account in a
<br /> treatm t to remove fl dust particles. unleased residential spaces)with a depository or depositories which are
<br /> Clean p must be acco plished by wet justification for the unleased units or members of the Federal Deposit
<br /> was ng surfaces wi a lead residential spaces, in order to qualify for Insurance Corporation or National
<br /> sol ilizing deterge t such as trlsodi vacancy payments for the unleased Credit Union Share Insurance Fund and
<br /> p sphate or an ivalent solution_ units or residential spaces. shall deposit all tenant payments.
<br /> (vi)Waste and ebris must be (b)Management and maintenance. charges,income and revenues arising
<br /> isposed of in cordance with all The Owner is responsible for all from project operation or ownership to
<br /> applicable F ral,State and loc laws. management functions.These functions this account.All project funds are to be
<br /> (6)In lieu the procedures s forth include selection and admission of deposited in Federally insured
<br /> in the prec Ing clause,the ner(or tenants,required reexaminations of accounts.All balances shall be fully
<br /> Borrower,' applicable)may, t its incomes for households occupying insured at all times,to the maximum
<br /> discretto ,abate all interior nd exterior assisted units or residential spaces, extent possible.Project funds must be
<br /> chewab surfaces in actor ante with collection of tenant payments, used for the operation of the project
<br /> the m ods set out pa ph(a)(5)of termination of tenancy and eviction, (including required insurance coverage),
<br /> this, ction. and all repair and maintenance and to make required deposits to the
<br /> (7 The Owner(or B ower,if functions(including ordinary and replacement reserve under§891.405,in
<br /> a Icable)must take ppropriate action extraordinary maintenance and accordance with HUD-approved budget.
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