24 C.F.R. § 200.805
§ 200.805 Definitions. (24 CFR Part 200)
Operative Text
Applicable surface. All intact and nonintact interior and exterior painted surfaces of a residential structure. Defective paint surface. Paint on applicable surfaces that is cracking, scaling, chipping, peeling or loose. Lead-based paint surface. A paint surface, whether or not defective, identified as having a lead content greater than or equal to 1 mg/cm 2.
Section 200.805 establishes three foundational definitions used throughout HUD's lead-based paint regulations. An 'applicable surface' covers all painted areas—inside and outside a residential structure—regardless of whether the paint is intact or damaged. A 'defective paint surface' is any painted area that is cracking, scaling, chipping, peeling, or loose, while a 'lead-based paint surface' is any painted area—damaged or not—that tests at or above 1 mg/cm² of lead content.
Plain English — not legal advice.
Property owners and managers subject to HUD programs should understand that under § 200.805, lead-based paint obligations are not limited to visibly deteriorated surfaces; any surface testing at or above 1 mg/cm² qualifies as a lead-based paint surface regardless of its condition. Compliant operators typically maintain records of paint testing results and monitor all applicable surfaces—both interior and exterior—for signs of cracking, scaling, chipping, peeling, or looseness that would classify them as defective. Familiarity with these definitions helps operators correctly scope their inspection, disclosure, and remediation responsibilities under the broader 24 CFR Part 200 framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 200.805, tenants in HUD-covered housing have an interest in knowing that lead hazard rules apply to all painted surfaces in their home, not just those that appear damaged, and that paint testing at or above 1 mg/cm² triggers lead-based paint protections even if the surface looks intact. If a tenant observes cracking, scaling, chipping, peeling, or loose paint—conditions that meet the definition of a 'defective paint surface'—they may have grounds to raise a concern with their housing provider or a relevant HUD field office. Tenant-rights organizations and local housing agencies can help residents understand how these definitions connect to disclosure and remediation rights under 24 CFR Part 200.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.